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HomeMy WebLinkAboutPD13-216 - Original - North Star Construction and Environmental - Public Works Agreement - 08/27/2013 c KENT PUBLIC WORKS AGREEMENT between City of Kent and North Star Construction and Environmental THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and North Star Construction and Environmental, organized under the laws of the State of Washington, located and doing business at 420 142"d Street S.E., Everett, WA. 98208, (425) 787-6271, Kurt Schonewald (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The contractor will remove and dispose of the following: 1. The four sets of the suspended ceiling baffles and frame work closest to the trap. 2. The damaged ceiling and wall sound isolation foam in the overhead space closest to the trap. 3. The four sets of damaged cross support rails and connector assemblies for the target carriers. The contractor will build and install four new suspended ceiling baffle sets, to current specifications, install new ceiling and wall sound isolation foam and build and install four sets of cross support rails and connector assemblies. The contractor will then clean the range, hallway, control room and cleaning area, via wipedown and vacuum. See Exhibit A dated 06/18/13. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by September 30, 2013 at 2359. PUBLIC WORKS AGREEMENT - 1 (Over$IOK, under$50K, and Performance Bond) Y III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Forty-Nine Thousand Seven Hundred Sixty-Seven dollars and Seventy-Five cents ($49,767.75), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the pro]ect. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The Cityreserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Over$1OK, under$50K, and Performance Bond) B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the PUBLIC WORKS AGREEMENT - 3 (Over$1OK, under$50K, and Performance Bond) 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. 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; PUBLIC WORKS AGREEMENT - 4 (Over$1OK, under$50K, and Performance Bond) 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 S. 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 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, PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$50K, and Performance Bond) 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. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. PUBLIC WORKS AGREEMENT - 6 (Over$1OK, under$50K, and 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, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$50K, and Performance Bond) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By:J)ew CBY: Z- (signature) (signature) Print Name:_kuRT SCNoNE-WALD Print a S zette Cooke Its -PREST powr Its Ma or (title) DATE: 7131f1.3 DATE: NOTICES TO BE SENT TO: NOTICES TO 131f SENT TO: CONTRACTOR: CITY OF KENT: Kurt Schonewald Christopher Sprague North Star Construction and Environmental City of Kent 420 142"d Street S.E. 220 Fourth Avenue South Everett, WA 98208 Kent, WA 98032 (425) 787-6271 (telephone) (253) 856-5857 (telephone) (253) 856-6330 (facsimile) APPROV D AS TO OR lNl/t Kent Law Department PUBLIC WORKS AGREEMENT - 8 (Over$10K, under$50K, and Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. 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 3 sT day of JuLY , 20 13 . By. For: daRTW 5;-?K i!�0047WVu7OA/ CuV/kn�ItijSffWt Title: rI�FSIA Date: -7/3r /3 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 NORST-3 OP ID: MA MMIDD CERTIFICATE OF LIABILITY INSURANCE DA D7/25113rr) 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 425-489-4500 NONEACT Hub International Northwest PHONE FAX P O Box 3018 425-489-4501 No E, AIC No Bothell,WA 98041-3018 E-MAIL Brandon Bush ADDRESS INSURER(S)AFFORDING COVERAGE NAIC# INSURERA Admiral Ins.Co 24856 INSURED North Star Construction&Envi INSURER B Liberty NW Insurance Corp Kurtis Schonewald 420 142nd Street BE INSURER C Everett,WA 98208 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 INSRI rypE OF INSURANCE ADDL POLIPOLICYNUMBER MMIDD/YYYY MM EFF LICY EXP DDlYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0.. A TGEN'�L MMERCIAL GENERAL LIABILITY X X FEIECC10074-00 011117112 09117/13 PREMISES Eaoccunence $ 50,00 CLAIMS-MADE I�OCCUR MED LXP(Any one person) $ 5,00 LJ PERSONAL&ADV INJURY $ 1,000,00 PmyPerLoc GENERAL AGGREGATE $ 2,000,00 GGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,00LICY I PRo- F1 LOc iEmp Ben $ 1,000,00 AUTOMOBILE LIABILITY E accident) SINGLE LIMIT $ 1,000,00 B ANY AUTO X BAW55276717 01/16/13 09/17/13 BODILY INJURY(Per person) s ALL OWNED SCHEDULED BODILY INJURY(Per aoadenq $ AUTOS r"11 AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS ALTOS Per acadent UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION WC O AND EMPLOYERS'LIABILITY YIN T R LI IMIT IT R ANY PROPR'ETCR/PARTNER/EXECUTIVE EL EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ❑ NIA (Mandatory in NH) E L DISEASE-EA EMPLOYE $ If yes descnbe unde• DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ A POLLUTION FEIECC10074-00 09/17/12 091171l3 OCC 1,000,00 LIABILITY AGG 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT. CITY OF KENT COVERAGE AFFORDED IS PRIMARY AND NON-CONTRIBUTORY; WAIVER OF SUBROGATION APPLIES AS ATTACHED. RE: RENT POLICE DEPARTMENT BAFFLES PROTECT. CERTIFICATE HOLDER CANCELLATION CIKENT1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 220 4TH AVENUE SOUTH KENT,WA 98032 _ AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD North Star Construction and Environmental, LLC Endorsement Number 16 �toafrrrAt Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement,effective 9/17/2012 attaches to and forms a part of Policy Number FEI-ECC-10074-00 This endorsement changes the Policy Please read it carefully. In consideration of an additional premium of A lied,this endorsement modifies insurance provided under the following COMMERCIAL-GENERAL LIABILITY COVERAGE PART SCHEDOU Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization s : Operations Any person(s)or organization(s)whom the Named Insured Those project locations where this agrees,in a written contract.to name as an additional insured endorsement is required by contract However,this status exists only for the project specified in that contract Information required to complete this Schedule if not shown above will be shown in the Declarations Section 11—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard" CG 20 37 07 04 © ISO Properties, Inc , 2004 North Star Construction and Environmental, LLC Endorsement Number 5 Automatic Waiver of Subrogation Endorsement This endorsement,effective 9/17/2012 attaches to and forms a part of Policy Number FEI-ECC-10074-00 This endorsement changes the Policy Please read it carefully This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization- Any person(s)or organization(s)to whom the Named Insured agrees.in a written contract,to provide a waiver of subrogation. However,this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement art to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 �r KbNT PAYMENT AND PERFORMANCE BOND TO CITY OF KENT Band No 023025615 KNOW ALL MEN BY THESE PRESENTS: r That we, the undersigned, North Star Cons &Environmental,LLC as Principal, and The Ohio Casualty Insurance Company New Hamoshire a Corporation organized and existing under the laws of the State of V0iVh41gWW, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ $45,45000 , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered Into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above nbo ed epaPrin Principal, certain contract, Remon r pt, the said contract providing for construction of (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. PAYMENT AND PERFORMANCE BOND Page 1 of 2 TWO WITNESSES: North Star Cons &Environmental, LLC PRINCIPAL ( nt principal's name above) BY: S`iIV�AA& 'Q11 ek tt tAN TITLE: ?iU10E- T- DA E: _ DATE:7- 1(I-IA4,- CORPORATE SEAL: 7" & PRINT NAME DATE: The Ohio Casualty Insurance Company SURETY CORPORATE SEAL: BY: 'l M Glover DATE. TITLE: Attorney-in-Fad ADDRESS: P 0 Box 3018 Bothell,WA 98041-3018 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY O W'nNemRKanmb RuyRyMwinm[MeM Ga ^ PAYMENT AND PERFORMANCE BOND Page 2 of 2 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 'This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated Certificate No 6136524 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company - POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casually Company and The Ohio Casualty Insurance Company are corporations duty organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and WestAmencan Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andy D.Prill Betty A Cox Brandon K. Bush.Chad M Epule Darlene Jakielski Jim S. K i h Jim W.Doyle.Julie M.Glover, M-J-Cotton. Michael A Murphy Nancy J Osborne S M Scott Steve Wagner Steven K Bush Theresa A Lamb all of the city of Bothell state of WA each individually if there be more than one named,its true and lawful attorney An-fact to make execute,seal acknowledge and deliver,for and on ds behalf as surety and as its act and deed any and all undertakings,bonds recogn¢ances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 22nd day of May 2013 j. American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company d West American Insurance Company to - - - By7���" P� > = STATE OF WASHINGTON ss Gregory W Davenport,Assistant Secretary O tv COUNTY OF KING = m On this 22nd day of May = 2013 ,before me personalty appeared Gregory W Davenport,who acknowledged himself to be the Assistant Secretary of American M c> y Fire and Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company and that he as such,being authorized so to do, aN O execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer C W tc `y > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Seattle,Washington on the day and year first above written O a c•N _ _ By KID Riley Not Public C 0 i A 60 = OE IL 0 m This Power of Attorney is made and executed pursuant to and by authority ofthe following By-laws and Authorizations of American Fire and Casualty Company The Ohio Casualty Insurance to e w Company,Liberty Mutual Insurance Company and West American Insurance Company which resolutions are now in full force and effect reading as follows 20 4) ARTICLE IV-OFFICERS-Section 12 Power of Attorney Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject p C a) to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, y O C acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-m-fact,subject to the limitations set forth in their respective .6 E powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so LO executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under > cc Tthe provisions of this article may be revoked at any time by the Board the Chairman the President or by the officer or officers granting such power or authority L 0q .7- c ARTICLE All-Execution of Contracts-SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president, 00 > 0) and subject to such limitations as the chairman or the president may prescribe shall appoint such attorneys-in-fact,as maybe necessary to act in behalf of the Company to make execute, cm p seal,acknowledge and deliver as surety any and all undertakings bonds recognizances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their aMo Z respective powers of attorney shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so 00 executed such instruments shall be as binding as if signed by the president and attested by the secretary V T 01? Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company, authorizes Gregory W Davenport,Assistant Secretary to appoint such ~ attomeys-in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds recognizances and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company wherever appeanne upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed 1,David M Carey,the undersigned,Assistant Secretary,of American Fire and Casualty Company,TAe Ohio Casualty insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power ofAttomey executed by said Companies, is in full force and effect and has not been revoked _ IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of David Carey,Assista Secreta,ti- - LMS 12873 092012 178 of 500 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Kim Komoto Dept/Div. Police / Law Extension: 5788 Date Sent' 8/23/13 Date Required: 8/28/13 Return to. Kim Komoto CONTRACT TERMINATION DATE: 11/15�13 VENDOR: North Star Construction DATE OF COUNCIL APPROVAL:. 8/20/13 , ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - i licable Brief Explanation of Document: North Star Construction and Environmental will perform maintenance and repairs to the police department firing range in addition to removing contaminated materials and properly disposing of those materials. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: � Approval of Law Dept.: AUG 2 3 i 01- Law Dept. Comments: KEN .t � b W DEP h Date Forwarded to Mayor: 7 AUG 2 3 2 Shaded Areas To Be Completed By Administratio ent Received: OG OF KENO G1G�O�EF11C Recommendations and Comments: Disposition: 401e'2 / Date Returned: -P 13-a I1V