HomeMy WebLinkAboutPK12-207 - Original - All Around Fence Company - Burlington Park & Russell Road Gate - Fence Repair - 09/20/2012 bL
Records Manage m e t---
Was„,„GTOH - Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: All Around Fence
Vendor Number:
JD Edwards Number
Contract Number: I�l� — c07
This is assigned by City Clerk's Office
Project Name: Fence Repair at Burlington Park & Russell Road Gate
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 9/20/2012 Termination Date: 10/20/2012
Contract Renewal Notice (Days): 0
Number of days required notice for termination or renewal or amendment
Contract Manager: Quientin Poil (tp) Department: Park Operations
Detail: (i.e. address, location, parcel number, tax id, etc.):
S•Public\RecordsManagement\Forms\ContraCtCDver\adcc7832 1 11/08
OPERATIONS ;
Garin Lee
Superintendent
220 4th Avenue South
• Kent, WA 98032
KE T Fax 253-856-6120
.Nns M In.T.N
PARKS, RECREATION & Sept 20th, 2012, PHONE: 253-856-5131
COMMUNITY SERVICES
Jeff Watling All-Around Fence CO.
Director
Phone 253-856-5100
Fax 253-856-6050 RE: Fence Repair and Gate Repair
220 Ave s Name: Burlington Park Fence Repair and RR Gate Re
Kent,WAA 980 98032-5895 g p pair
This letter confirms your notification to proceed with repair and
replacement approximately 92' of 6' chain link fence replacing sleeves
and posts where needed at Burlington Park (W. Meeker and Railroad
Ave N) and install new gate with three strands of barbed wire and
green slats on a 4" hinge post at Russell Road Nursery (24400 Russell
Road). Attached is your copy of the fully executed agreement with the
City of Kent.
All work shall start as of this notice to proceed and be completed by
October 20th 2012, 30 days from the date of this letter. To avoid
holding payment for services, remember to complete the necessary
documentation with the Department of L&I and the Department of
Revenue.
If you have any questions, you can contact me at (253) 856-5127.
Since ,
i
Quientin Poil, Project Manager
City of Kent Parks Maintenance West Operation
Attached: Copy of agreement j
Copy: Garin Lee, Park Operations Superintendent
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• MAYOR SUZETTE COOKE
City of Kent Parks, Recreation &Community Services
Jeff Watling, Director
� --a.
KENT
WASHINOTON
PUBLIC WORKS AGREEMENT
between City of Kent and
ALL-AROUND FENCE CO.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal
corporation (hereinafter the "City"), and All-Round Fence Co. organized under the laws of the
State of Washington, located and doing business at P.O. Box 1029 Ravensdale, WA 98051-8101
Ph - (253) 863-4895 (hereinafter the "Vendor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
The description of work has two different locations.
Location 1-Burlington Green Park, W. Meeker and Railroad AVE N. Repair and replace approximately 92' of 6' chain link
Galvanized Fence. Replace sleeves and posts were needed. ($2180.15 tax included)
Location 2-Russell Road Nursery Gate, 24400 Russell Road. Installation of new gate leading into nursery. New gate with
threes strands of barbed wire and green slates thru gate frame on a 4" hinge post. ($2387.10 tax included)
Contractor further represents that the services furnished under this Agreement will be performed in accordance
with generally accepted professional practices in effect at the time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement,
Contractor shall complete the work described in Section I within 30 days of the contract being executed.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FOUR
THOUSAND FIVE HUNDRED SIXTY SEVEN AND TWENTY FIVE CENTS($4,567.25)Washmgton
state sales Tax included. Applicable Washington State Retail Sales Tax on this contract shall be governed by
WAC 458-20-171 and its related rules for the work contemplated in this Agreement. The City shall pay the
Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City,
and the remainder upon fulfillment of the conditions listed below and throughout this Agreement.
A. No Performance Bond. Because this contract, including applicable sales tax, is less than
$25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a
PUBLIC WORKS AGREEMENT- 1
(Roadway/Pedestrian Path- Under$10K and No Performance Bond)
performance bond, has elected to have the owner retain the final fifty percent (50%) of the
Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt
of all necessary releases from the State Department of Revenue and the State Department of
Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever
is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Contractor for any defective or unauthorized work. Defective or unauthorized work includej,
without limitation: work and materials that do not conform to the requirements of this
Agreement; and extra work and materials famished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City
may complete the work by contract or otherwise. and Contractor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Contract price
specified above. The City further reserves its right to deduct the cost to complete the Contract
work, including any Additional Costs, from any and all amounts due or to become due the
Contractor.
C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER
OF CONTRACTOR'S CLAIMS. EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT
IS MADE AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and
direct the performance and details of its work, the City being interested only in the results obtained under this
Agreement.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall
include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further money
due under this Agreement until the Contract work is completed. After termination, the City may take
PUBLIC WORKS AGREEMENT-2
(Roadway/Pedestrian Path- Under$10K and No Performance Bond)
possession of all records and data within the Contractor's possession pertaining to this project which may be
used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay Prevailing Wages,"
with the State of Washington Department of Labor & Industries prior to commencing the Contract work.
Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and
comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage
rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is
attached.
VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is
necessary, Contractor must submit a written change order request to the person listed in the notice provision
section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or
should have known of the facts and events giving rise to the requested change. If the City determines that the
change increases or decreases the Contractor's costs or time for performance, the City will make an equitable
adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable
adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written
change order from the City or an oral order from the City before actually receiving the written change order. If
the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives
its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work;
however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section
VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor
as provided in this section shall constitute full payment and final settlement of all claims for contract time and
for direct, indirect and consequential costs, including costs of delays related to any work, either covered or
affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the
City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the
City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or
within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events
giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or
extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this Agreement.
PUBLIC WORKS AGREEMENT-3
(Roadway/Pedestrian Path- Under S10K and No Performance Bond)
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY
CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING
THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information.
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption if
the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR
DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO
FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY
APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Upon acceptance of the contract work. Contractor must provide the City a one-
year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in
workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In
the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts
PUBLIC WORKS AGREEMENT-4
(Roadway/Pedestrian Path- under$10K and No Performance Bond)
will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for
one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the
Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish
the correction
XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is
qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of
this Agreement, except for that portion of the injuries and damages caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to
avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,
agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be
done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools,
or other articles used or held for use in connection with the work.
XV. MISCELLANEOUS PROVISIONS.
PUBLIC WORKS AGREEMENT-5
(Roadway/Pedestrian Path- Under S10K and No Performance Bond)
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, in addition to any other recovery or award provided by law; provided,
however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section
XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the
addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice
hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such
other address as may be hereafter specified in writing.
E. Ass�mnent. Any assignment of this Agreement by either party without the written consent of
the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms
of this Agreement shall continue in full force and effect and no further assignment shall be made without
additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or forming a part of or altering
in any manner this Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any language contained in
this Agreement, the terms of this Agreement shall prevail.
PUBLIC WORKS AGREEMENT-6
(Roadway/Pedestrian Path- Under$10K and No Performance Bond)
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance
of those operations.
IN WITNESS,the parties below execute this Agreement,which shall become effective on the last
date entered below.
CONTRACTOR: CITY TN
T:
By: tl�U r, DI-) By:
(signature) (s-gnature)
Print Name: r10 u► DaiPrint Name: Garin Lee
Its: (9cyN4�400' Its: Park Su erintendant
(Title) Title)
DATE: R 12 V 1 /2- DATE: I a
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Ron Dagley Ben Levenhagen
All Around Fence Co. City of Kent
P.O. Box 1029 220 Fourth Avenue South
Ravensdale, WA 98051-8101 Kent, WA 98032
PH-253-863-4895 (253) 856-5133 (telephone)
253-863-0704 FAX (253) 856-6120 (facsimile)
Holiday Carousel,Duchess Construction,Inc
PtiBLIC WORKS AGREEMENT-7
(Roadway/Pedestrian Path- Under SJOK and No Performance Bond)
DECLARATION
CITY OF KENT EQUAL EJiPLOYMENT 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 k-0 day of -]� 2012.
By: ✓l 0 4
For: 4 1 t 9 (`-0 0t ri 1r)
Title: LQV*, Y,
Date: F ( 2 ! Z
EEO COMPLIANCE DOCUMENTS- 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All
contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity
within their organization and, if holding Agreements with the City amounting to $10,000 or more within any
given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal
opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and
equal opportunity requirements shall be considered in breach of contract and subject to suspension or
termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works
Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are
familiar with the regulations and the City's equal employment opportunity policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS-2
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of Company, hereby
acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement
known as that was entered into on the (date) ,
between the firm I represent and the City of Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent
Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part
of the before-mentioned Agreement.
Dated this day of , 200_
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS-3
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. 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.
2. 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 it 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.
3. Worker's 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:
Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $1,000,000 general aggregate and a
$1,000,000 products-completed operation aggregate limit.
Exhibit B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Commercial General Liability and Builders
Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect the City. Any insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Contractor's
insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from
any cause whatsoever to any tools, Contractor's employee owned tools,
machinery, equipment, or motor vehicles owned or rented by the Contractor,
or the Contractor's agents, suppliers or contractors as well as to any
temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the
other, for damages caused by fire or other perils to the extend covered by
Builders Risk insurance or other property insurance obtained pursuant to the
Insurance Requirements Section of this Contract or other property insurance
applicable to the work. The policies shall provide such waivers by
endorsement or otherwise.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to
the additional insured endorsement, evidencing the Automobile Liability and
Commercial General Liability insurance of the Contractor before
commencement of the work. Before any exposure to loss may occur, the
Contractor shall file with the City a copy of the Builders Risk insurance policy
Exhibit B (Continued)
that includes all applicable conditions, exclusions, definitions, terms and
endorsements related to this project.
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
Clients?:65581 ALLAROU3
ACORD. CERTIFICATE OF LIABILITY INSURANCE DAT 31 1212012 Y,
2l2012
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
Bell-Anderson Ins-Renton C11L P" " 425 291.5200 ,vc No 4252915100
600 SW 39th Street,Suite 200 E MAFss
No E t
Renton,WA 98057 A➢Da
INSUREIII AFFORDING COVERAGE NAICY
425 291-5200 INSURER The Ohio Casualty Insurance Co
INSURED INSURER IS
All Around Fence Co
INSURER
PO BOX 1029
Ravensdale,WA 98051 INSURER 0
I
INSl1RER E
INSURER F
COVERAGES CERTIFICATE NUMBER, REVISION NUMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FORTHE 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
LTR TYPE OF INSURANCE AW SUB POLICY NUMBER MM/00 EFF MM!DDYEXP
NY`Q UMW
A GENERAL LIABILITY X X SKS54924037 12101/2011 121011201 ppEAApCHOEECTCTURgqR��ENCE $11000.000
X COMMERCIAL GENERAL LIABILnY PREEMIGESEao&E erica $1000000
CLAIMS-MADE F OCCUR MEDEXP(Any one rson) sly 000
PERSONAL SADV INJURY t1000000
GENERAL AGGREGATE s2,000,000
GENL AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/DP AGO s2,000,000
POLICY FX7 JECT
PR0. LOC $
A AUTOMOBILE LIABILITY X X BAS54924037 1210112D11 17JO112012 COMBINED
MBINEDSINGLE LM t1,000,000
X ANY AUTO BODILY INJURY(Per person) $
!RED
SCHEDULED BODILY INJURY(Per accident) s
AUTOS AUTOS '
X MIRED AUTOS X NON-OWNED PROPERTYDAMAGE $ 1
AUTOS P reeodenl
X It"Oth Car $
A X UMBRELLALIAS OCCUR US054924037 1210112011 1210112012 EACH OCCURRENCE s2000000
EXCESS LIAB CLAIMS-MADE AGGREGATE s2 000 000
oE0 I X1 RETEN7101400000 r 1
WORKERS COMPENSATION SKS54924037 2/01/2011 11210112011 =Rs LI I1 DTN-
AN➢EMPLOYERS*LIABILITYPR
A ANY PROPRIETORIPARTNERIXECUTIVE YIN
(WA Stop Gap) EL EACHACCIDENT 51,000,000
I OFFICERNMEMEER EXCLUDED? INI
I Man dglory In NH) EL DISEASE• EMPLOYEE s1 00D0
'D WdRIPTONOFOPERATIONSbalow ELOISEASE•PC_ICYLIMB E1D000D000
- ---. I T
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If man apace Is"unad)
RE:Kent Memorial Park,Kent WA
City of Kent Is an additional Insured for general liability and auto liabildy,but only If required
bywrltten contract or written agreement per General Llablllty Master Pak Blanket Additional Insured
provision CG8810 1009&CA8810 0110.Waiver of Transfer of Rights of Recovery Against Others per General
Liability Master Pack CG8810 1009&CABB10 011D General Liability coverage provided to the Certificate
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
I
City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
220 4th Ave S ACCORDANCE WITH THE POLICY PROVISIONS
Kent,WA 98032
AUU�TJ/HHO�R�IZEO REPRESENTATM
m 1 DBS-2010 ACORD CORPORATION.All rights reserved
ACORD 25(201 DIDS) 1 of 2 The ACORD name and logo are registered marks of ACORD
#53733731M359709 PL,f
i_
DESCRIPTIONS (Continued from Page 1)
Holder will be Primary and Non-Contnbutory per General Liability Master Pak CG8810 1009 Per project
aggregate applies per endorsement CG88701208.Completed operations per endorsement CG8583 1009.
SAGITTA 25 3(2010105) 2 of 2
#S3733731M359709
*FENCE
A!(-Around Fence Co. Estimate Date. rLicensed • Bonded • Insured
PO Box 1029• Ravensdale,WA 98051-Bl01 Estimate Time:
it Ph (2531863.4895 • Fax (253) 863-0704
Email allaroundfence@msn corn PROPOSAL / CONTRACTwww.allaroundfencewa.com
License No ALLAFIFC085BA
Customer: _ l� '� J _ Start Date:
Contact Name 243,e Lever rti kcQe4A Budd Date:
Phone #1. Email:
Phone 42- Fax#-
Billing Address City- Zip.
Site Address- City- Zip
Directions:
Underground Uti(ifies: 1-800-424-5555
FootageCM
Height.
5` 1,00t 2�c 9 if
Terminal.POS
'Zlk-li5-1 1P21 d Z� S1.2-tV'eS iS
29Q
Line ro=�
Gate. 2 if
Material Specs. U I9.Q11t yuI S 1 kci tc
rtti tc 0 Gk -
Top Rail ` ti.-1 crt1+ (y fLE✓l SL�v'' 7
Middle Rail'
Bottom Rail:
Tension Wire. 1 f l Lk
Z
23 g2
❑Standard Estate
❑Full Panel Office Use Only
❑Picture Frame NOTES. M/D
❑Kirkland
0 Lattice Top M/DAl
GATES �f,
Walk Gate-
C/ THIS CONTRACT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE AND WHICH
Single Drive ARE MADE A PART HEREOF BY THIS REFERENCE.
Double Drive,
Hillside WE PROPOSE here b to f Wish materi a bor-complete in accordance with the above specifications,for the
Roll Gate. sum of
Price
[]CLEARINGAuthorized by Sales
Signature Total
Al The prices, specifications, and conditions are satisfactory and are hereby accepted. These prices subject to
company audit before installation
HAUL-AWAY NOTE This proposal may be withdrawn by us if not accepted within _days
1
Terms, Convenants and Conditions
Terms:
This sale is for cash on completion A down payment maybe requested to be paid before work may begin If account is
overdie the purchaser agrees to pay delinquency charge of 1% per month on the unpaid balance and an additional sur-
charge of 25% of account balance plus reasonable attorney's fee, if account is referred to an attorney for collection.
Extras-
In consideration of the price herein quoted, the purchaser agrees that the fence lines will be clear of all obstructions and
that the lines will be properly marked by customer by stakes or otherwise The price herein named does not contemplate
the encountering of rock, boulders, or other conditions that mandate the use of jackhammers or other coring equipment, if
these conditions are encountered and if it is necessary to drill for the setting of the posts or to furnish extra large or deep
foundations for the posts or to perform any extra labor, an extra per hour charge will be made to cover the additional ex-
pense involved Purchaser agrees to supply power at the job sre If power is unavailable at the job site purchaser agrees
to pay for generator use Additional charges shall also apply to posts that need to be bolted to structures.
Delays'
Contracts which include erection,are taken on condition that the entire work be erected without interruption If it is neces-
sary to make more than one trip to complete the erection on account of changes or delays on the part of the Purchaser, an
extra charge may be made to cover the additional expense involved In the event of any undue delay caused by any party
other than All-Around Fence Company, then All-Around Fence Company shall have the right to pass along any increases in
cost resulting therefrom
Changes:
No changes in measurements, location of lines or conditions will be allowed except at prices mutually agreed upon at the
time these changes are made
General:
Customer or their representatives will be present at start of job,as well as the day of completion
This contract embodies the entire understanding between the parties, and there are not verbal agreements or representa-
tions in connection therewith
Purchaser must obtain licenses, planning permission approvals and permits, where such licenses, approvals and permits
are required
Location of well and pool pipes, electric lines,or any private utility will be clearly marked by the customer,and any damage
incurred due to incorrect marking will solely be the responsibility of the customer to repair If repaired by All-Around Fence
Company, it will be done at an hourly charge plus materials
This estimate is only and estimate The price is subject to change due to any of the following conditions- 1) added mate-
rial, 2) change in materials ordered
Lawn damage, due to working in wet conditions at the customer's request,will be the customers responsibility,
All materials remain the property of All-Around Fence Company until fully paid for and can be removed for non-payment.
Locating, clearing and staking of fence andlor property lines is the sole responsibility of the purchaser Purchaser further
agrees that All-Around Fence Company shall not be held responsible for claims of encroachment, damage to underground
pipes, wires or hidden obstructions, and herewith waives any claims relating thereto