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PK14-107 - Original - FieldTurf USA, Inc. - Wilson Playfields Turf Replacement Project (Purchased Through KCDA) - 04/14/2014
R� COrC� S u emE KENT WASH ,y�lk � Document INGTOH � Y t T�4 Yn 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. i I Vendor Name: King County Directors' Association (for FieldTurf USA) i Vendor Number: 34116 JD Edwards Number gg Contract Number: 6 This is assigned by City Clerk's Office Project Name: Wilson Playfields Synthetic Turf Replacement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 5/12/14 Termination Date: 7/25/14 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Detail: (i.e. address, location, parcel number, tax id, etc.): Agreement with KCDA to use FieldTurf USA; Total contract amount $1,716,511.53 incl. WSST PPD Contract# PPD14-11 5:Public\RecorcisManagement\Forms\ContractCover\adcc7832 1 11/08 AGREEMENT BETWEEN CITY OF KENT ("CLIENT") AND CONTRACTOR This AGREEMENT is made as of the 14 day of April, 2014, between the public entity City of Kent - Parks, Recreation & Community Services ("Client"), 220 Fourth Avenue South, Dent, Washington, 98032 (address), and FieldTurf USA, Inc., 7445 Cote-de-Liesse, Suite 200, Montreal, Quebec H4T 1 G2 ("Contractor"). This Agreement supplements the King County Directors' Association ("KCDA") Purchase Order Number 4081409 ("Purchase Order")for the Client. A general description of the Project is: Turf replacement project at Wilson Playfields - City of Kent The Architeet/Bngineer("A/E"), if any, is: The Client, KCDA, and Contractor agree as set forth below. ARTICLE 1 THE WORK 1.1 This Agreement provides supplemental terms and conditions to the Purchase Order and is incorporated by reference into the Purchase Order as if set forth in full therein. This Agreement shall be completed and executed for all KCDA projects that include any on-site construction activities. The Contractor shall fully execute and complete the entire Work described in the Contract Documents. ARTICLE 2 DATES OF COMMENCEMENT AND SUBSTANTIAL AND FINAL COMPLETION 2.1 The date of commencement of the Work (the date from which the Contract Time is measured) shall be the date established in a notice to proceed issued by the Client, unless a different date is stated below: 2.2 The Contractor shall start installation of the turf field portion of the Work no later than May 12, 2014 and shall achieve Final Completion no later than July 25, 2014, subject to adjustments of the Contract Time as provided in the Contract Documents. 2.4 Liquidated damages, if any, shall be seven hundred fifty dollars and 00/100 ($750.00)per day for each calendar day after the Contract Time that Substantial Completion is not attained, and shall be paid to the Client. Agreement between Client and Contractor-Washington 20122t15_1.DOC Page 1 i ARTICLE 3 CONTRACT SUM 3.1 KCDA shall pay the Contractor for the Contractor's performance of the Contract the Contract Sum of ONE MILLION FIVE HUNDRED SIXTY SEVEN THOUSAND FIVE HUNDRED NINETY DOLLARS. AND 43/100 ($1,567,590.43) subject to additions and deductions as provided in the Contract Documents. Sales tax is not included in the Contract Sum and shall be added to the invoice between the Contractor and KCDA and to the invoice between KCDA and the Client. The contract sum has been derived from the contractor's bid to KCDA directly, or to KCDA though the Association of Educational Purchasing Agencies (AEPA) dated October 14, 2011, and is made up of the following components: • AEPA Contract#012-C and#012-D 3.2 The Contract Sum is based upon and includes the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Client: • n/a 3.3 Unit prices beyond those listed in the Contractor's Bid to KCDA or AEPA, if any, are as follows: n/a 3.4 Allowances, if any, are as follows: n/a 3.5 If this Agreement is for a Project for the Contract Sum of one million dollars or more, complete below the names of the following subcontractors with whom the Contractor will subcontract for performance of the work: n/a HVAC (heating, ventilation, and air conditioning) n/a Plumbing as described in chapter 18.106 RCW n/a Electrical as described in chapter 19.28 RCW. ARTICLE 4 PAYMENT 4.1 Whenever this Agreement states that KCDA will make payments, the parties agree that payment from the Client to KCDA is a condition precedent to payment from KCDA to the Contractor and that KCDA will use such payments from the Client to pay Contractor. KCDA will make payments to the Contractor as provided below and elsewhere in the Contract Documents based upon Application(s) for Payment submitted by the Contractor and per Article 15. KCDA will schedule final payment, constituting the entire unpaid balance of the Contract Sum except statutory retainage, to the Contractor when the Work has achieved Final Completion, the Agreement has been fully performed, the Client's Board of Directors has accepted the Work, and the Client Agreement between Client and Contractor- Washington 20122115_1.DOC Page 2 has agreed to receive billing from KCDA. The retainage shall be paid pursuant to RCW 60.28 and the Contract Documents, 4.2 Payments due and unpaid under the Agreement shall bear interest as specified by RCW 39.76, not to exceed the Bank of America prime rate plus 2%. ARTICLE 5 PERMITS AND FEES 5.1 The Client will secure and pay for the cost of any required building permit. The Client shall secure and pay for necessary approvals, easements, assessments and charges required for the use or occupancy of permanent structures or permanent changes in existing facilities. 5.2 The Contractor shall secure and pay, as a part of the Contract Sum, for all other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the construction of the Work. ARTICLE 6 PROPERTYINSURANCE 6.1 The Client shall insure the property in the amount of its insurable replacement cost, including additions and alterations, against "all risks" of physical loss. The policies may inure to the benefit of the Client only. The Contractor is at risk for all material and equipment not a permanent part of the structure. If the Client requires in writing that the Contractor procure property insurance it shall be paid for by a Change Order. The Contractor's insurance requirements are described in Article 17. 6.2 Upon the occurrence of an insured loss, the Client shall have the power to adjust and settle any loss with the insurers. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS The Contract Documents are enumerated as follows, except for modifications issued after execution of this Agreement: 7.1 KCDA hnvitation to Bid Number n/a or AEPA Invitation to Bid Number AEPA ISB#012 and all of the terms and conditions incorporated therein. 7.2 For AEPA bids, Washington, King County Directors' Association (KCDA) Additional Agency Terms and Conditions as listed in the AEPA Invitation to Bid. 7.3 KCDA Purchase Order Number 4081409 7.4 This executed Agreement between the Client and Contractor, including the attached General Conditions. 7.5 Any Supplementary and other Conditions of the Agreement. 7.6 The Specifications as follows: Agreement between Client and Contractor-Washington 20122115_1.voC Page 3 Section Title Pages Entire Proposal Contractor's March 20,2014 Proposal 3 7.7 The Drawings as follows: Number Title Date rila 7.8 The Addenda(if any) as follows: Number Date Pales. n/a 7.9 Department of Labor and Industries Prevailing Wage Rates. 7.10 Any other documents forming part of the Contract Documents and listed below: This Agreement entered into as of the day and year f rst writterr/abbve. �f KING COUNTY DIRECTORS' ASSOCINUON CON T OR r _.. u r. .._ B r I (Signature) at2rre) ✓f MAHA1 0 �xtC TIyE R,ce.�o2. `,... 17 le (Printed name and title) (Print an e d title) CLIENT ,may By `x (Slignat''r r Sue ooke Mayor Fnted name and title) Agreement between Client and Contractor-Washington 20122115 r.DOC Page 4 GENERAL CONDITIONS ARTICLE 8 ARTICLE 9 THE CONTRACT DOCUMENTS ADMINISTRATION OF THE AGREEMENT 8.1 The intent of the Contract Documents is to 9.1 The Client, with assistance from the A/E, include all items necessary for the proper execution and will provide administration of the Agreement. The Client completion of the Work by the Contractor. The Contract must approve in writing all changes in the Contract Sum or Documents are complementary, and what is required by one is Time and all Change Orders, Construction Change Directives, as binding as if required by all. Performance by the and payments to the Contractor. Contractor is required to the extent consistent with the Contract Documents and reasonably inferable from them as 9.2 No representative of KCDA, the Client, or being necessary to produce the intended results. the A/E is authorized to revoke, alter, enlarge, relax or release any requirements of the Contract Documents, nor to approve 8.2 The Contract Documents shall not be or accept any portion of the Work whether or not executed in construed to create a contractual relationship of any kind accordance with, nor to issue instructions contrary to the between either the Client or KCDA and a Subcontractor of Contract Documents. All warranties, guarantees, and any tier, or between any persons or entities other than the certificates shall inure to the benefit of the Client. Client,KCDA,and Contractor. 9.3 'the Client or the A/E may disapprove, 8.3 The term "Work" means the construction condemn or reject work when, in its opinion, the Work does and services required by the Contract Documents, whether not conform to the Contract Documents. The Client or the completed or partially completed, and includes at I other labor, A/E may require special inspection or testing of any Work in materials, equipment and services provided or to be provided accordance with the provisions of the Contract Documents by the Contractor to fitlfill the Contractor's obligations. The whether or not such Work is then fabricated, installed or Work may constitute the whole or a part of the Project. completed. 8.4 The term "A/E" means the entity listed as 9.4 The Client or the A/E may call, schedule such on the first page of this Agreement, if any. The A/E may and conduct job meetings, which the Contractor and be an architect, engineering or similar company,or consultant, representatives of its Subcontractors shall attend, to discuss and is not necessarily a licensed architect or engineer. If such matters as procedures, progress, problems and "None" or "N/A" is listed for the A/E, then the Client or its scheduling. designated representative will perform all of the functions of the A/E described herein. The A/E is not an agent of the 9.5 The Client, KCDA, and the A/E may visit Client or KCDA,and is not authorized to speak on behalf of or the site at intervals each considers appropriate to the stage of bind the Client or KCDA. the Work to become generally familiar with the progress and 8.5 The Contractor's execution of the quality of the completed Work. IIowever, none of them will Agreement is a representation and acknowledgement that the be required to make exhaustive or continuous on-site Contractor has visited the site and become familiar with the inspections to check the quality or quantity of the Work. local conditions under which the Work is to be performed,that ARTICLE 10 the Contract Sum is reasonable compensation for at the Work, THE CONTRACTOR and that the Contract Time is adequate for the performance of the Work. The Contractor's execution of the Agreement is a further representation and acknowledgement that the 10.1 The Contractor shall perform, supervise and Contractor has carefully checked and verified all pertinent direct the Work,using the Contractor's best skill and attention. figures and examined the Contract Documents and the Project The Contractor shall be solely responsible for and have control site, including any existing structures, and that it has satisfied over construction means, methods, techniques, sequences, itself as to the nature, location, character, quality and quantity personnel and procedures, for safety, and for coordinating all of the Work, the labor, materials, equipment, goods, supplies, portions of the Work under the Agreement. The Contractor work, services and other items to be furnished, and all other shall be an independent contractor in the performance of the requirements of the Contract Documents, as well as the Work and shall have complete control over and responsibility surface conditions and other matters that may be encountered for all personnel performing the Work. The Contractor is not at the Project site or affect performance of the Work or the authorized to enter into any agreements or undertakings for or cost or difficulty thereof on behalf of KCDA or the Client or to act as or be an agent or 8.6 KCDA is an intended third-party beneficiary employee of KCDA or the Client, of this Agreement and may enforce all of its terms directly 10.2 The Contractor shall provide and pay for all against the Contractor. Contractor hereby assigns to the Client all manufacturers'warranties. labor,materials, equipment,tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and Agreement between Client and Contractor-Washington 20122I15_t.DOC (Rev for Kent) Page 5 completion of the Work,whether temporary or permanent and similar submittals required by the Contract Documents. The whether or not incorporated or to be incorporated in the Work. Work shall be in accordance with approved submittals. 10.3 Workers. The Contractor shall enforce 10.8 Progress Schedule. Within seven days of strict discipline and good order among the Contractor's execution of this Agreement, the Contractor shall submit a employees and other persons carrying out the Work. The preliminary schedule of the Work to the Client. Failure to do Contractor shall not permit employment of unfit persons or so shall constitute a material breach of the Contract and a persons not skilled in tasks assigned to them. The Contractor material breach of the conditions of the bid bond. Within shall be responsible to KCDA and the Client for the acts and thirty days after execution of the Agreement, and before any omissions of the Contractor's employees,Subcontractors of progress payment need be made, the Contractor, after any tier and their agents and employees, and other persons consultations with its Subcontractors, shall submit a Progress performing portions of the Work under a contract with the Schedule to the Client. Neither the Client nor the A/E will, Contractor. At no change to the Contract Sum or Contract however, be required to review or approve the substance or Time,the Client may provide written notice requiring the sequence of the Progress Schedule, which are the Contractor's Contractor to remove from the Work any employee or other sole responsibility. The Contractor will be responsible for person carving out the Work that the Client considers planning, scheduling, managing, and reporting the progress of objectionable. If the Work is being performed at a site in the Work in accordance with all of the specific methods and active school use or where there is a likelihood of contact with submittals described in the Contract Documents. The children,a person shall be unfit and removed from the site if Contractor shall use the Contract Schedule to plan, coordinate, he or she has pled guilty to or has been convicted of any and prosecute the Work in an orderly and expeditious manner. felony crime involving the physical injury or death of a child (RCW 9A.32 or RCW 9A.36 but not RCW 46.61--motor 10.9 Clean-Up. The Contractor shall keep the vehicle violation),the physical neglect of a child(RCW premises and surrounding area free from accumulation of 9A.42),sexual offenses against a minor(RCW 9A.44),sexual waste materials or rubbish caused by operations under the exploitation of a child(RCW 9.68A),the sale or purchase of a Agreement. Upon completion of Work or at the Client's minor child(RCW 9A.64.030),promoting prostitution of a request, the Contractor shall remove from and about the child(RCW 9A.88),or violation of similar laws of another Project waste materials, rubbish, the Contractor's tools, jurisdiction. Failure to comply with this section shall be construction equipment, machinery and surplus materials. If grounds for the immediate termination of this Agreement. the Contractor fails to do so, the Client may do so and charge to the Contractor all costs incurred. 10.4 Warranty. The Contractor warrants that materials and equipment furnished under the Agreement will 10.10 Access. The Contractor shall provide be of good quality and new, that the Work will be performed KCDA, the Client, and the A/E access to the Work wherever in a workmanlike manner, free from defects not inherent in the located. quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not 10.11 Royalties and Patents. The Contractor conforming to these requirements, including substitutions not shall pay all royalties and license fees, shall defend suits or properly approved and authorized, is defective. The claims for infringement of patent rights and shall hold KCDA, Contractor's warranty excludes remedy for damage or defect the Client, and the A/E harmless from loss on account thereof, caused by abuse, modifications not executed by the unless the Contract Documents require the particular design, Contractor, improper or insufficient maintenance, improper process or product of a particular manufacturer or operation, or normal wear and tear under normal usage. manufacturers. 10.5 Taxes and Fees. In accordance with 10.12 Indemnification. Subject to the following Article 3,KCDA shall invoice the Client and pay all sales tax. conditions and to the fullest extent permitted by law, the The Contractor shall pay all other consumer,use, B & O, and Contractor shall defend,indemnify, and hold harmless KCDA, other similar taxes that are legally enacted when bids are the Client, and the A/E and their respective agents, employees, received, whether or not yet effective or merely scheduled to consultants, successors and assigns ("Indemnified Parties") go into effect. from and against all claims, damages, losses and expenses, direct and indirect, or consequential, including but not limited 10.6 Legal Compliance. The Contractor shall to costs and attorneys' fees incurred on such claims and in comply with and give notices required by laws, ordinances, proving the right to indemnification, arising out of or resulting rules, regulations, and lawful orders of public authorities from performance of the Work, any act or omission of the bearing on performance of the Work. The Contractor shall Contractor, its agents, any of its Subcontractors of any tier, promptly notify KCDA, the Client, and A/E in writing if the and anyone directly or indirectly employed by the Contractor Contractor observes the Drawings and Specifications to be at or Subcontractors of any tier ("Indemnitor"). The Contractor variance with them. will fully indemnify the Indemnified Parties for the sole negligence of the Indemnitor. The Contractor will indemnify 10.7 Submittals. The Contractor shall review, the Indemnified Parties for the concurrent negligence of the approve and submit to the Client or A/L with reasonable Indenmitor to the extent of the Indemnitor's negligence. The promptness Shop Drawings, Product Data, Samples and Contractor agrees to being added by KCDA or the Client as a Agreement between Client and Contractor-Washington 20122115_I.DOC (Rev for Kent) Page 6 party to any mediation, arbitration, or litigation with third ("Prevailing Wages on Public Works") or RCW 51 patties in which KCDA or the Client alleges indemnification (`Industrial Insurance"), including without limitation RCW or contribution from an Indemnitor. The Contractor agrees 51.12.050,by the Contractor or any Subcontractor of any tier. that all of its Subcontractors of any tier will, in the subcontracts, similarly stipulate; in the event any does not,the 10.14 The Contractor shall comply with all Contractor shall be liable in place of such Subcontractor(s). applicable provisions of RCW 49,28. To the extent a court or arbitrator strikes any portion of this indemnification provision for any reason, all remaining 10.15 Pursuant to RCW 49.70 and WAC 296-62- provisions shall retain their vitality and effect. 054 et seq.,the Contractor shall provide KCDA and the Client copies of and have available at the Project Site a workplace This indemnity obligation shall include, but is not limited to, survey or material safety data sheets for all "hazardous" all claims against the indemnified parties by an employee or chemicals under the control or use of Contractor or any former employees of the Contractor or any Subcontractor. For Subcontractor at the Project Site. this purpose, the Contractor waives, as respects the indemnified Parties only and only to the extent necessary to 10.16 Contactor shall maintain and preserve for at fulfill this indemnity obligation, all immunity and limitation least three years from the date of final payment books,ledgers, on liability under any Industrial Insurance Act, including Title records, documents, estimates, correspondence, logs, 51 RCW, or other worker's compensation act,disability act or schedules, electronic data and other evidence pertaining to the other employee benefit of any act of any jurisdiction which costs incurred by the Contractor in connection with or related would otherwise be applicable in the case of a claim. By to the Agreement('records")to such extent and in such detail signing this Contract, KCDA, the Client and the Contractor as will properly reflect and fully support all costs, charges and certify that the waiver of immunity specified by this provision other amounts of whatever nature for which reimbursement or was mutually negotiated. payment is or may be claimed under the Contract. Contractor agrees to make available at all reasonable times at the office of 10.13 Prevailing Wages. the Contractor all such records for inspection, audit and reproduction (including electronic reproduction) by KCDA 10.13.1 Pursuant to RCW 39.12, no worker, laborer, and the Client and their representatives. These requirements or mechanic employed in the performance of any part of this shall be applicable to each Subcontractor of any tier and Agreement shall be paid less than the "prevailing rate of included in each Subcontract and purchase order issued with wage"(in effect as of the date that bids are due)as determined respect to the Work. The Contractor agrees, on behalf of by the Industrial Statistician of the Department of Labor and itself, its representatives, and Subcontractors of any tier and Industries, ESAC Division, PO Box 44540, Olympia, WA their representatives, that any rights under RCW 42,56.070 98504-4540, Telephone (360) 902-5335. The schedule of the will commence at Final Acceptance,and that the invocation of prevailing wage rates for the locality or localities where this such rights at any time by the Contractor or a Subcontractor of Work will be performed are determined as of the Bid Date for any tier or their representatives shall initiate an equivalent the county in which the Project is located and are available at right to disclosures from the Contractor and Subcontractors of http://www.hni.wa.gov/'fradesLicensing/PfevWage/Wage any tier for the benefit of KCDA and the Client. Rates/default.asp and are made a part of this Agreement by reference as though frilly set forth herein. A copy is available ARTICLE 11 for viewing at the Client's office, and a hard copy will be SUBCONTRACTORS mailed upon request. To the extent that there is any discrepancy between the referenced schedule of prevailing 11.1 A "Subcontractor" is a person or entity that wage rates and the published rates as are applicable under has a direct contract with the Contractor to perform a portion WAC 296-127-011, the published rates shall apply at no of the Work at the site or to supply materials or equipment. A increase to the Contract Sum. The Contractor shall provide "Subcontractor of any tier" includes Subcontractors as well as the respective Subcontractors with a schedule of the applicable all direct and lower level sub-subcontractors and suppliers. prevailing wage rates. The industrial Statistician will answer questions relating to prevailing wage data upon request. 11.2 As soon as practicable after award of the Agreement, the Contractor shall confirm in writing to KCDA 10.13.2 Pursuant to RCW 39.12,060, in case any and the Client the names of the Subcontractors for each dispute arises as to what are the prevailing rates of wages for portion of the Work. The Contractor shall not contract with work of a similar nature, and such dispute cannot be adjusted any Subcontractor to whom the Client has made reasonable by the parties in interest, including labor and management and timely objection or different from the one listed in representatives, the matter shall be referred for arbitration to conjunction with the bid. Contracts between the Contractor the director of the Department of Labor and Industries, whose and Subcontractors shall (1) require each Subcontractor to be decision therein shall be final and conclusive and binding on bound to the Contractor by the terms of the Contract all parties involved in the dispute. Documents to the extent of the Work to be performed by the Subcontractor and to assume toward the Contractor all the 10.13.3 The Contractor shall defend,indemnify, and obligations and responsibilities which the Contractor, by the hold KCDA and the Client harmless,including attorneys' fees, Contract Documents, assumes toward KCDA and the Client, from any violation or alleged violation of RCW 39.12 and (2) allow to the Subcontractor the benefit of all rights, Agreement between Client and Contractor-Washington 20122415_].DOC (Rev for Kent) Page 7 remedies and redress afforded to the Contractor by these 13.1.2 Construction Change Directives. A Contract Documents. Construction Change Directive is a written order prepared and signed by the Client and the A/L that directs a change in the 11.3 The Contractor shall promptly pay (and Work and states a proposed basis for adjustment, if any, in the secure the discharge of any liens asserted by) all persons Contract Sum or Contract Time, or both. It shall be used in properly furnishing labor, equipment, materials or other items the absence of total agreement on the terms of a Change in connection with the performance of the Work (including, Order. The Contractor shall promptly proceed with the but not limited to, any Subcontractors). The Contractor shall change in the Work described in the Constriction Change furnish to KCDA and the Client such releases of liens and Directive. As soon as possible, and within seven days of claims and other documents as KCDA or the Client may receipt, the Contractor shall advise KCDA and the Client in request from time to time to evidence such payment (and writing of the Contractor's agreement or disagreement with the discharge). KCDA may, at its option, withhold payment, in cost or the method, if any, provided in the Construction whole or in part,to the Contractor until such documents are so Change Directive for determining the proposed adjustment in furnished. The Contractor shall defend, indemnify, and hold the Contract Sum or Contract Time. harmless KCDA and the Client from any liens, including all expenses and attorneys' fees. Nothing in the Contract 13.2 Changes in the Work shall be priced using Documents shall create any obligation on the part of KCDA, the Contractor's unit prices and/or R.S. Means pricing as the Client, or A/E to pay or to see to the payment of any submitted in its Bid to KCDA or AEPA. If no such unit prices moneys due any Subcontractor of any tier or other person or are listed for the Changes in the Work, and if the parties entity, except as may otherwise be required by laws and cannot agree on the cost or credit to KCDA and the Client regulations. from a Change in the Work, the Contractor shall keep and present,in such form as KCDA or the Client may prescribe,an ARTICLE 12 itemized accounting together with supporting data. The total CONSTRUCTION BY CLIENT OR BY cost of any Change or Claim shall be limited to the reasonable SEPARATE CONTRACTORS value of the following: 12.1 The Client reserves the right to perform 13.2.1 Direct labor costs: The effective construction or operations related to the Project with the W.D.O.L.&I. prevailing hourly wage for the laborers, Client's own forces and to award separate contracts in journeymen, and foremen performing and/or directly connection with other portions of the Project or other supervising the Changed Work on the site. The premium construction or operations on the site under conditions of the portion of overtime wages may not be included unless pre- contract identical or substantially similar to those of the approved In writing by the Client. The hourly cost shall be Contact Documents, based upon basic wages and mandatory fringe benefits and workers'insruances. 12.2 The Contractor shall afford the Client and separate contactors reasonable opportunity for the 13.2.2 Direct material costs: An itemization of the introduction and storage of their materials and equipment and quantity of materials necessary to perform the Change in the performance of their activities, and shall connect and Work and the net cost therefor. coordinate the Contractor's construction and operations as 13.2.3 Construction equipment usage costs An required by the Contract Documents. itemization of the actual length of time construction ARTICLE 13 equipment appropriate for the Work will be used solely on the CHANGES IN THE WORK Change in the Work at the Site times the lower of the actual rental receipt or applicable current state, NECA, Data Quest, 13.1 The Client, without invalidating the or MCA rental cost. Actual,reasonable mobilization costs are Agreement, may order changes in the Work consisting of permitted if the equipment is brought to the Site solely for the additions, deletions or modifications ("Changes"), and the Change in the Work. The rate for equipment necessarily Contact Sum and Contract Time will be adjusted accordingly. standing by for future use on the Work shall be 50% of the Changes in the Work, the Contract Sum and/or the Contract rate established above. Time shall be authorized only by written Change Order signed by KCDA,the Client,the A/E and the Contractor or by written 13.2.4 Cost of any change in insurance or bond Construction Change Directive signed by the Client and the premium. Upon request, file Contractor shall provide KCDA A/E. and the Client with supporting documentation. 13.1.1 Change Orders. A Change Order is a 13.2.5 Subcontractor costs: Payments the written instrument signed by KCDA, the Client, and the Contractor makes to Subcontractors for Changed Work Contractor stating their agreement upon a change in the Work; performed by Subcontractors of any tier. The cost of Work the amount of the adjustment in the Contract Sum, if any; and for Subcontractors of any tier shall be determined in the same the extent of the adjustment in the Contract Time,if any. manner as prescribed in this Section 13.2. Agreement between Client and Contractor-Washington 20122115_l.DOC (Rev for Kent) Page 8 13.2.6 Fee. The allowance for all combined Contractor shall submit a written mediation request to KCDA overhead, profit, and other costs, including all office, home and the Client within thirty days of the meeting undertaken in office, extended and site overhead(including project manager, Subparagraph 13.3.3. If the parties are unable to agree to a project engineer, superintendent and general foreman time), mediator within thirty days after KCDA and the Client's and all delay and including impact costs of any kind, added to receipt of the written request for mediation, any party may the total cost to the Client of any Change Order or any Claim submit a request for mediation to the AAA. An officer of the for additional work or extra payment of any kind on this Contractor and of KCDA and the Superintendent or designee Project shall be calculated consistent with the provisions of the of the Client, all having full authority to settle the Claim, must KCDA contract. The change order must be signed by both the attend the mediation session. To the extent there are other Client and Contractor. parties in interest, such as Subcontractors, their representatives, with full authority to settle the Claim, shall 13.3 Dispute Resolution. All claims, disputes also attend the mediation session. Unless KCDA, the Client, and other matters in question of the Contractor, direct or and Contractor mutually agree in writing otherwise, all indirect, arising out of, or relating to, the Contract Documents unresolved Claims in the Project shall be considered at a or the breach thereof("Claims"), except Claims which have single mediation session which shall occur prior to Final been waived under the terms of the Contract Documents, shall Acceptance by the Client. be decided exclusively by the following dispute resolution procedure; claims that have been waived under the terms of 13.3.5 Litigation. The Contractor may bring no the Contract Documents are not permitted to be brought in any litigation on Claims unless such Claims have been properly forum. The Contractor shall diligently carry on the Work and raised and considered in the dispute resolution procedures of maintain the progress schedule during the dispute resolution Subparagraphs 13.3.1 through 13.3.4 above. All unresolved procedure, including any litigation proceedings, unless the Claims of the Contractor shall be waived and released unless parties mutually agree in writing otherwise. the Contractor has strictly complied with the time limits of the Contract Documents, and litigation is served and filed within 13.3.1 Notice of Cla m. The Contractor shall the earlier of (a) 120 days after the Date of Substantial submit notice of all Claims to both KCDA and the Client in Completion as designated in writing by the Client or (b) 60 writing within seven days of the event giving rise to them and days after Final Acceptance. This requirement cannot be shall include a clear description of the event and its probable waived except by an explicit written waiver signed by KCDA, effect. the Client, and the Contractor. The pendency of a mediation (calculated as the period from the written request for 13.3.2 Claim Submission. Within 21 days of the mediation through the day following the mediation Notice of Claim, the Contractor shall provide both KCDA and proceeding)shall toll these filing requirements. the Client in writing with a Claim, which shall include a clear description of the Claim, all changes in cost and in time 13.4 Notices and Claims. All notices and (direct, indirect, impact, and otherwise) to which the Claims shall be made in writing as required by the Agreement. Contractor and Subcontractors of any tier are entitled, and data supporting the Claim. The claim of a Subcontractor may be 13.43 Any notice of a Claim of the Contractor brought only through the Contractor and only after the against KCDA or the Client and any Claim of the Contractor, Contractor notifies KCDA and the Client in writing that the whether under the Agreement or otherwise, must be made Contractor has reviewed and agrees with the Claim. pursuant to and in strict accordance with the applicable provisions of the Contract Documents. Failure to comply with 13.3.3 Informal Resolution. KCDA and the Client these requirements shall constitute waiver of the Claim. No will make a determination of the Claim. If the Contractor act, omission, or knowledge, actual or constructive, of KCDA, disagrees with KCDA and the Client's determination and the Client, or the A/E shall in any way be deemed to be a wishes to pursue the Claim further, the Contractor must, waiver of the requirement for timely written notice and a within fourteen days of receipt of the determination, provide timely written Claim unless KCDA, the Client, and the KCDA and the Client with a written request that a Contractor sign an explicit, unequivocal written waiver representative of the Contractor, KCDA, and the Client meet, approved by KCDA and the Client's Board of Directors. confer, and attempt to resolve the Claim. This meeting will then take place at a mutually convenient time within thirty 13.4.2 The fact that KCDA, the Client, and the days of the request,unless the Client elects to proceed directly Contractor may continue to discuss or negotiate a Claim that to mediation. has or may have been defective or untimely under the Contract shall not constitute waiver of the provisions of the Contract 13.3.4 Mediation. The Contractor may bring no Documents unless KCDA, the Client, and Contractor sign an litigation against the Client or KCDA unless the Claim is first explicit, unequivocal written waiver approved by the Client's subject to non-binding mediation under the Construction board of directors. Mediation Rules of the American Arbitration Association ("AAA"). The Contractor is responsible for initiating the 13.4.3 The Contractor expressly acknowledges and mediation process. This requirement cannot be waived except agrees that the Contractor's failure to timely submit required by an explicit written waiver signed by KCDA,the Client, and notices or timely submit Claims has a substantial impact upon the Contractor. To initiate the mediation process, the and prejudices KCDA and the Client, including but not limited Agreement between Client and Contractor-Washington 20122115_1.DOC (Rev for Kent) Page 9 to the inability to fully investigate or verify the Claim, mitigate damages, choose alternative options, adjust the 14.1 Within seven days of executing the budget, delete or modify the impacted Work, and/or monitor Agreement, the Contractor shall deliver any required bond to time, cost and quantities. For these and other reasons, the the Client with a copy to KCDA; no Progress Payments shall parties stipulate that KCDA and the Client are prejudiced by be due until the bond is delivered. the Contractor's failure to timely submit notices or Claims as required by the Contract Documents. 14.2 If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by 13.5 Claims for Concealed or Unknown unanticipated general labor disputes, fire, unusual delay in Conditions. If conditions unknown to the Contractor are deliveries, abnormal adverse weather conditions not encountered at the site which are (1) concealed physical reasonably anticipatable; unavoidable casualties, delays conditions that differ materially from those indicated in the caused by the Client or its separate contractors, or any causes Contract Documents or(2)unknown physical conditions of an beyond the Contractor's control,or by other causes which may unusual nature, which differ materially from those ordinarily justify delay, then the Contract Time shall be extended by found and generally recognized as inherent in activities of the Change Order to the extent the critical path is affected. The character provided for in the Contract Documents, then the Contractor (including Subcontractors) shall be entitled to Contractor shall give written notice to KCDA and the Client damages for delay, the total limited to the liquidated rate of promptly before conditions are disturbed and in no event later Subparagraph 2.3, only where KCDA or the Client's own than seven days after the first observance on the conditions. actions or inactions were the actual, substantial cause of the The Contractor shall make any Claim arising from such delay and where the Contractor could not have reasonably condition in accordance with the dispute resolution procedure avoided the delay by the exercise of due diligence. If a delay in Subparagraph 13.3. was caused by the Contractor, a Subcontractor of any tier, or anyone acting on behalf of any of them, the Contractor is not 13.6 Claims for Consequential Damages. The entitled to an increase in the Contract Time or in the Contract Contractor, the Client, and KCDA waive Claims against each Sum. other for consequential damages arising out of or relating to this Contract. This mutual waiver Includes without limitation: 14.3 THE TIMELY COMPLETION OF THIS PROJECT IS ESSENTIAL TO KCDA AND THE CLIENT. 1 damages incurred by KCDA or the Client KCDA and the Client will incur serious and substantial for rental expenses, for losses of use, income, profit, damages if Substantial Completion of the Work does not occur financing, business and reputation, and for loss of within the Contract Time, however, it may be difficult if not management or employee productivity or of the impossible to determine the amount of such damages. services of such persons; and Consequently, this Agreement may include provisions for liquidated damages. KCDA and the Client's right to .2 damages incurred by the Contractor for liquidated damages is not affected by partial completion, principal and home office overhead and expenses occupancy, or beneficial occupancy. If this Agreement does including without limitation the compensation of not contain an agreed amount for liquidated damages, KCDA personnel stationed there, for losses of financing, and the Client may prove their actual damages. business and reputation, for losses on other projects, for loss of profit,and for interest or financing costs. ARTICLE 15 PAYMENTS AND COMPLETION This mutual waiver is applicable to all consequential damages of any cause, including without limitation due to either party's 15.1 Progress Payments. Payments shall termination in accordance with Article 20. Nothing contained be made as provided in Articles 3 and 4 of this Agreement. If in this Section 13.6 shall be deemed to preclude an award of Progress payments are specified, they will be made monthly liquidated damages, when applicable, in accordance with the for Work duly approved and performed during the calendar requirements of the Contract Documents. month preceding the application according to the following procedure. 13.7 The Contractor (including Subcontractors) shall not in any event be entitled to damages arising out of 15.1.1 Draft Application. Within the first five days actual or alleged loss of efficiency;morale,fatigue,attitude, or of each month, the Contractor shall submit to KCDA and the labor rhythm; constructive acceleration; home office Client, for the Client's approval, a report on the current status overhead; expectant underun; trade stacking;reassignment of of the Work as compared to the Progress Schedule and a draft workers; concurrent operations; dilution of supervision; itemized AIA Application for Payment for Work performed learning curve;beneficial or joint occupancy; logistics;ripple; during the prior calendar month. 'this shall not constitute a season change; extended overhead; profit upon damages for payment request. KCDA or the Client may request the delay; impact damages;or similar damages. Contractor to provide data substantiating the Contractor's right to payment, such as copies of requisitions or invoices from ARTICLE 14 Subcontractors. TIME Agreement between Client and Contractor-Washington 20122115_1.DOC (Rev for Kent) Page 10 15.1.2 Payment Request. The Client shall review 15.3 Progress payments. Unless the Client and approve the draft Application for Payment, or state its informs the Contractor that a payment will be withheld as reasons for disapproval. Upon the Client's approval, and after provided in Section 15.4, KCDA shall make progress the Contractor has furnished all data requested,the Contractor payments within 30 days of approval of the payment request may submit to KCDA a payment request in the agreed-upon by the Client, amount, in the form of a notarized, itemized AIA Application for Payment for Work performed during the prior calendar 15.4 Withheld Payments. Payments may be month. KCDA shall re-verify the amounts with the Client withheld on account of(1) defective Work not remedied,(2) and, once verified and approved by the Client,will invoice the claims filed by third parties, (3) failure of the Contractor to Client, and KCDA shall make payment to Contractor from make payments properly to Subcontractors or for labor, funds received from the Client. Payment from the Client to materials or equipment or provide releases under KCDA is a condition precedent to payment from KCDA to the Section 11.3.1, (4) reasonable evidence that the Work cannot Contractor. Among other things, the Application shall state be completed for the unpaid balance of the Contract Sum, (5) that prevailing wages have been paid hi accordance with the damage to KCDA, the Client, or another contractor, (6) prefiled statements) of intent to pay prevailing wages on file reasonable evidence that the Work will not be completed with KCDA and the Client and that all payments due within the Contract Time and that the unpaid balance would Subcontractors from KCDA's prior payments have been not be adequate to cover actual or liquidated damages for the made. The submission of this Application constitutes a anticipated delay, or (7) failure to carry out the Work in certification that the Work is current on the progress schedule, accordance with the Contract Documents, When KCDA unless otherwise noted on the Application. If the Contractor intends to withhold all or part of a payment for any of the believes it is entitled to payment for Work performed during foregoing reasons, KCDA will provide the Contractor, within the prior calendar month in addition to the agreed-upon eight working days after KCDA's receipt of the Application amount, the Contractor may submit to KCDA a separate for Payment, written notification of the reasons that all or part written payment request specifying the exact additional of the payment is being withheld and what remedial actions amount due, the category in the Schedule of Values in which the Contractor must take to receive the withheld amount. the payment is due,the specific Work for which the additional amount is due, and why the additional payment is due. 15.5 Substantial Completion. 15.1.3 Payments to Subcontractors. No payment 15.5.1 When the Contractor believes that the Work request shall include amounts the Contractor does not intend is Substantially Complete, it shall notify KCDA and the Client to pay to a Subcontractor. If, after making a request for in writing. When the Client agrees, the Client will issue a payment but before paying a Subcontractor for its Certificate of Substantial Completion. Substantial Completion performance covered by the payment request, the Contractor is the stage in the progress of the Work when the constriction discovers that part or all of the payment otherwise due to the is sufficiently complete, in accordance with the Contract Subcontractor is subject to withholding from the Documents, so the Client can fully utilize the Work (or the Subcontractor for unsatisfactory performance, the Contractor designated portion thereof)for the use for which it is intended. may withhold the amount as allowed under the subcontract, All Work other than incidental corrective or punchlist work but it shall give the Subcontractor and KCDA and the Client and final cleaning shall have been completed. The Work is written notice of the remedial actions that must be taken as not Substantially Complete if all systems and parts affected by soon as practicable after determining the cause for the the Work are not usable or if utilities affected by the Work are withholding but before the due date for the Subcontractor not connected and operating normally. The fact that the Client payment, and pay the Subcontractor within eight working days may use or occupy the Work or designated portion thereof after the Subcontractor satisfactorily completes the remedial does not indicate that the Work is Substantially Complete,nor action identified in the notice. does such occupation toll or change any liquidated damages due KCDA. 15.2 Prevailing Wages. Pursuant to RCW 39.12, the Contractor will not receive any payment until the 15.5.2 Immediately before partial or complete Contractor and all Subcontractors have submitted a"Statement occupancy, the Client will schedule an inspection tour of the of Intent to Pay Prevailing Wage" to KCDA and the Client. area to be occupied. A representative of KCDA and/or the The statement must have the approval of the Industrial Client,A/E and Contractor will jointly tour the area and record Statistician of the Department of Labor and Industries before it items still remaining to be finished and/or corrected. The is submitted to KCDA and the Client. The Contractor and the Contractor shall supply and install any items missed by the respective Subcontractors shall pay all fees required by the inspection but required or necessary for Final Completion as a Department of Labor and Industries, including fees for the part of the Contract Sum, notwithstanding their not being approval of the "Statement of Intent to Pay Prevailing recorded during the inspection tour. Wages." Approved copies of the "Statement of Intent to Pay Prevailing Wages" must be posted where workers can easily 15.6 Final Payment. Pursuant to RCW 60.28, read them. completion of the Contract Work shall occur after the Contractor has notified KCDA and the Client in writing that the Work has been concluded and submits the items listed Agreement between Client and Contractor-Washington 20122115_1.1)OC (Rev Ibr Kent) Page 11 I below to KCDA and the Client, any required occupancy 150% of the claimed amount. If any such lien remains permit has been issued, and the Client's Board formally unsatisfied after all payments are made, the Contractor shall accepts the Project("Final Acceptance"). Final Payment shall refund to KCDA all moneys that the latter or the Client may not become due until after Final Acceptance. be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. .1 An affidavit that all payrolls, bills for materials and equipment, and other indebtedness connected Final payment shall be made pursuant to RCW 60.28 with the Work for which the Client or its property after the Contractor has properly submitted certificates from might in any way be responsible or encumbered, have the Department of Revenue, the Department of Labor and been paid or otherwise satisfied, Industries and, pursuant to RCW 50.24, a certificate from the Department of Employment Security. .2 consent of surety to final payment, 15.7 Waivers. .3 a certificate evidencing that insurance required by the Contract Documents to remain in force after final 15.7.1 Final Payment by KCDA. The making of payment is currently in effect and will not be final payment shall constitute a waiver of claims by KCDA canceled or allowed to expire until at least 30 days' and the Client except those arising from (1) liens, claims, prior written notice has been given to KCDA and the security interests, or encumbrances arising out of the Client, Agreement and unsettled; (2) failure of the Work to comply with the requirements of the Contract Documents; or(3)terms .4 a written statement that the Contractor knows of of warranties required by the Contract Documents or law. no substantial reason why the insurance will not be renewable to cover the period required by the 153.2 Final Payment to Contractor. Acceptance of Contract Documents, final payment by the Contractor shall constitute a waiver of Claims except those previously made in writing and identified .5 other data establishing payment or satisfaction of inwriting as unsettled on the final Application for Payment. or protection (satisfactory to KCDA and the Client) against all obligations, such as receipts, releases and 15.7.3 Change Orders. The execution of a Change waivers of liens arising out of the Agreement, Order shall constitute a waiver of Claims by the Contractor satisfactorily demonstrating to KCDA and the Client arising out of the Work to be performed or deleted pursuant to that the claims of Subcontractors and laborers who the Change Order, except as specifically described in the have filed claims have been paid, Change Order. If the Contractor adds to a Change Order or any other document a reservation of rights that has not been .6 pursuant to RCW 39.12.040, an "Affidavit of initialed by KCDA and the Client, all the amounts previously Wages Paid" from the Contractor and from each agreed shall be considered disputed and not yet payable unless Subcontractor certified by the Industrial Statistician the costs are re-negotiated or the reservation is withdrawn or of the Department of Labor and Industries, with fees changed in a mariner satisfactory to and initialed by KCDA paid by the Contractor or Subcontractor, and the Client. If KCDA makes payment for a Change Order or an Application for Payment that contains a reservation of .7 a certified statement that the Contractor has closed rights not initialed by KCDA and the Client to indicate all necessary permits or otherwise met the agreement with the reservation, and if the Contractor requirements of all governing jurisdictions related to negotiates the check for such payment, then the reservation of this Project(including,without limitation, city/county rights shall be deemed waived,withdrawn, and of no effect. building departments, health districts and utility districts; attach a copy of each of these closed or 15.8 Retainage. signed-off permits), 15.8.1 Yroeress Payments: .8 all warranties, guarantees, certificates,spare parts, specified excess material, and other documents or .1 Pursuant to RCW 60.28, KCDA will reserve 5% items required by the Contract Documents, and from the moneys the Contractor earns on estimates during the progress of the Work, to be retained as a .9 a hard copy of the "record" drawhigs and trust fund for the protection and payment of the specifications, delivered in a clear, clean and legible claims of any person arising under the Agreement condition. and the state with respect to taxes imposed pursuant to Title 82 RCW which may be due from the If any Subcontractor of any tier refuses to furnish a Contractor. release or waiver required by KCDA of the Client, KCDA may retain in the fund, account, or escrow funds such amount .2 The moneys reserved may, at the option of the as to defray the cost of foreclosing the liens of such claims and Contractor, be (1) retained in a fund by KCDA until to pay attorneys' fees, the total of which shall be no less than 45 days following Final Acceptance;or(2) deposited Agreement between Client and Contractor-Washington 20122115_I.DOC (Rev for Kent) Page 12 by KCDA in an interest-bearing account in a bank, mutual savings bank, or savings and loan association, 16.4 The Contractor shall bear the risk of any not subject to withdrawal until 45 days following loss, damage or destruction of its own property, including Final Acceptance, with interest to the Contractor; or without limitation its tools, trailers and equipment, whether (3) placed in escrow with a bank or trust company rented or owned, to the extent that they will not be until 45 days following the Final Acceptance, by incorporated in the Work. Any insurance provided by the KCDA's joint check to the bank or bust company Client will not cover any such loss, damage or destruction. and the Contractor, to be converted into bonds and securities chosen by the Contractor, approved by ARTICLE 17 KCDA, and held in escrow, with interest on the INSURANCE AND BONDS bonds and securities paid to the Contractor as it accrues. 17.1 Contractor's Liability Insurance. .3 If moneys are retained from the Contractor,it may 17.1.1 The Contractor shall purchase from and retain payment of not more than 5%from the moneys maintain during the life of this Agreement, at its own cost in a earned by any Subcontractor, provided that the company or companies admitted to do business in the State of Contractor pays interest to the Subcontractor at the Washington, possessing a Best's policy holder's rating of A- same interest rate it receives from its reserved funds. or better and a financial rating of no less than VII, and reasonably acceptable to KCDA and the Client,an occurrence- 15.9 Warranty of Title. The Contractor based Commercial General Liability Insurance Policy which warrants and guarantees that title to Work, materials and shall provide bodily injury and property damage liability on equipment Covered by an Application for Payment, whether the Contractor's operations, including its Subcontractors of incorporated in the Project or not, will pass to the Client no any tier; owned, non-owned and hired vehicles; and on work later than the time of payment, free and clear of liens. the Contractor may subcontract or sublet to others; and on the indemnity provisions of this Agreement. This insurance will ARTICLE 16 name KCDA and the Client and their employees as additional PROTECTION OF PERSONS AND PROPERTY insureds per Additional Insured Owner's (Form B) for Work performed under this Agreement. The Contractor's policy 16.1 The Contractor shall be solely responsible shall be designated primary coverage for both defense and for, and neither KCDA, the Client, nor the A/E shall have indemnity, and any KCDA or Client policies excess. Such responsibility for, all aspects of safety, including initiating, limits of liability insurance shall have per project general maintaining, and supervising all safety precautions and aggregate provisions and shall not be less than the following: programs in connection with the performance of the Agreement. The Contractor shall take reasonable precautions .1 $1,000,000 Combined Single Limit protection for for safety of, and shall provide reasonable protection to both bodily injury and property damage liability per prevent damage, injury or loss to (1) employees on the Work occurrence and$2,000,000 general aggregate; and other persons who may be affected thereby; (2)the Work and materials and equipment to be incorporated therein; and .2 $1,000,000 per accident for bodily injury liability (3) other property at the site or adjacent thereto. including sickness, disease or death and property damage liability because of damage to or destruction 16.2 The Contractor shall give notices and of property of others, including loss of use thereof comply with applicable laws, ordinances, rules, regulations arising out of the operation of automobiles, and lawful orders of public authorities bearing on safety of persons and property and their protection from damage,injury, .3 $1,000,000 for personal injury liability coverage or loss. The Contractor shall promptly remedy damage and included mid defined in the Commercial General loss to property at the site caused in whole or in part by the Liability insurance policy for damages which are Contractor, a Subcontractor of any tier, or anyone directly or sustained by (1) a person as a result of an offense indirectly employed by any of them, or by anyone for whose directly or indirectly related to employment of such acts they may be liable and for which the Contractor is person by the Contractor,or(2)by another person. responsible, except for damage or loss attributable to acts or omissions of KCDA, the Client, or A/E or by anyone for .4 $1,000,000 for clanns involving blanket whose acts any of them may be liable, and not attributable to contractual liability insurance (included and defined the fault or negligence of the Contractor. The foregoing in the Commercial General Liability Insurance obligations of the Contractor are in addition to the Policy) applicable to the Contractor's obligations Contractor's obligations under Paragraph 10.12, under Paragraph 10.12. 16.3 'the Contractor shall not be required to .5 In addition, the Contractor shall maintain a true perform without consent any Work relating to asbestos or umbrella policy that provides excess limits over the polychlorinated biphenyl ("PCB") unless specifically required primary layer, in an amount not less than $2,000,000. by the Contract Documents. Agreement between Client and Contractor-Washington 20122115_r.DOC (,Rev for Kent) Page 13 17.1.2 The insurance described above shall include effective as to a person or entity even though that person or coverage for underground,collapse and explosion exposures. entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium 17.1.3 In addition, the Contractor shall purchase directly or indirectly, and whether or not the person or entity and maintain insurance for claims under workers' had an insurable interest in the property damaged. compensation (industrial insurance), disability benefit and other similar employee benefit acts in the State statutory 17.4 Payment and Performance Bond, amount and Employer's Liability with coverage of at least $250,000/$500,000. 17.4.1 The Contractor is required to submit a bond secured from a surety company licensed to do business in the 17.1.4 Before commencing the Work or exposure State of Washington. The Contractor shall pay for a surely to loss can occur, and, in any event, within ten days after bond in the full amount of the Contract Sum plus sales tax, KCDA has issued its notice of intent to award contract, the pursuant to RCW 39.08. Within seven days of entering into Contractor shall furnish KCDA and the Client with the Agreement, the Contractor shall deliver two copies of the Certificates of Insurance, in duplicate, as evidence of all bond to KCDA and one copy each to the Client and the A/E. insurance required by the Contract Documents. The price of the bond will be added to the total contract 17.1.5 Coverage shall be maintained without amount to be paid by the Client. KCDA MAY DECLINE TO interruption from the date of commencement of the Work until ENTER INTO THE CONTRACT IF EVIDENCE OF the date of Final Acceptance, except for any coverage required BONDABILITY IS NOT RECEIVED, AND THE CLIENT to be maintained after Final Acceptance. Completed MAY WITHHOLD ITS NOTICE TO PROCEED AND/OR operations coverage shall remain in force for three years after WITHHOLD PAYMENT TO THE CONTRACTOR UNTIL Final Acceptance. SUCH SURETY BOND IS RECEIVED. 17.1.6 If KCDA or the Client is damaged by the ARTICLE 18 failure of the Contractor to maintain any of the above CORRECTION OF WORK insurance or to so notify KCDA and the Client, than the Contractor shall bear all costs properly attributable thereto. 18.1 The Contractor shall promptly and within at KCDA MAY WITHHOLD PAYMENT PENDING RECEIPT least fourteen (14) days of notice from the Client or KCDA OF ALL CERTIFICATES OF INSURANCE. Failure to correct Work rejected or failing to conform to the withhold payment shall not constitute a waiver. requirements of the Contract Documents at any time through a period of one year from the date of Substantial Completion of 17.1.7 KCDA's specification or approval of the the Agreement or by terms of a longer manufacturer's insurance in this Agreement or of its amount shall not relieve warranty or an applicable special warranty required by the or decrease the liability of the Contractor under the Contract Contract Documents. The provisions of this Article apply to Documents or otherwise. Coverages are the minimum to be Work done by Subcontractors of any tier as well as to Work provided and are not limitations of liability under the Contract, done by direct employees of the Contractor. indemnification, or applicable law provisions. The Contractor may, at its expense, purchase larger coverage amounts or 18.2 If the Contractor fails to correct Work that is additional insurance. not in accordance with the requirements of the Contract Documents or fails to cant' out the Work in accordance with 17.2 Property Insurance. the Contract Documents, KCDA and/or the Client, by a written order, may order the Contractor to stop the Work, or 17.2.1 The requirements for properly insurance are any portion thereof, until the cause for such order has been addressed in Article 6 above. eliminated. 17.3 Waivers of Subrogation. 18.3 Nothing contained in this Article shall be construed to establish a period of limitation with respect to 17.3.1 KCDA,the Client, and the Contractor waive other obligations which the Contractor might have under the all rights against each other and any of their subcontractors of Contract Documents. Establishment of the time period of one any tier, the A/E, their consultants, separate contractors year as described above relates only to the specific obligation described in Article 12 (if any), and any of their respective of the Contractor to correct the Work and has no relationship agents and employees, for damages caused by fire or other to the time within which the obligation to comply with the causes of loss to the extent covered by property insurance Contract Documents may be sought to be enforced, nor to the obtained pursuant to Articles 6 and 17.2 or other property time within which proceedings may be commenced to insurance applicable to the Work, except such rights as they establish the Contractor's liability with respect to the have to proceeds of such insurance held by the Client as Contractor's obligations other than specifically to correct the fiduciary. KCDA and the Client do not waive their Work. subrogation rights to the extent of the Client's property insurance on structures or portions of structures that do not comprise the Work. A waiver of subrogation shall be Agreement between Client and Contractor-Washington 20122115_IDOC (Rev for Kent) Page 14 ARTICLE 19 comply with RCW 49.26 and any provisions of the MISCELLANEOUS PROVISIONS Washington Administrative Code promulgated thereunder. 19.1 Applicable Law. The Agreement shall be 19.11 Assignment. The Contractor shall not let, governed by the laws of the State of Washington, without delegate duties under, assign or transfer this Agreement, or regard to its choice of law provisions. any interest in it or part of it,without the prior written consent of KCDA and the Client. 19.2 Statutes. The Contractor shall abide by the provisions of all applicable Washington statutes. The statutes ARTICLE 20 referenced in the Contract Documents are not meant to be a TERMINATION OF THE CONTRACT complete list and should not be relied upon as such. 20.1 Termination for Cause by Contractor If 19.3 Contractor Registration and Related KCDA fails to make payment for a period of 60 days through Requirements. Pursuant to RCW 39.06, the Contractor shall no fault of the Contractor and has been given approval by the be registered or licensed as required by the laws of the State of Client, the Contractor may, upon .seven additional days' Washington, including but not Limited to RCW 18.27. The written notice to KCDA, terminate the Agreement and recover Contractor shall: have a current state unified business from KCDA payment for all Work properly executed and for identifier number; have industrial insurance coverage for the proven loss with respect to materials, equipment, tools, and Contractor's employees working in Washington as required in construction equipment and machinery, including Fees Title 51 RCW; have an employment security department applicable thereto. number as required in Title 50 RCW; have a state excise tax registration number as required in Title 82 RCW, and; not be 20.2 Termination for Cause by Client. The disqualified from bidding on any public works contract under Client may, upon seven days'written notice to the Contractor, RCW 39.06.010 (unregistered or unlicensed contractors) or terminate (without prejudice to any right or remedy of KCDA RCW 39.12.065(3)(prevailing wage violations). or the Client) the whole or any portion of the Work for cause, including but not limited to the following circumstances: 19.4 Law Against Discrimination. Contractor shall comply with pertinent statutory provisions relating to .1 the Contractor fails to prosecute the Work or any public works of RCW 49.60. portion thereof with sufficient diligence to ensure the Completion of the Work within the Contract Time; 19.5 Provisions for Aged and Handicapped Persons. Contractor shall comply with pertinent statutory .2 the Contractor is in material default of or provisions relating to public works of RCW 70.92, materially breaches any provisions of this Agreement; 19.6 Safety Standards. Contractor shall comply with pertinent provisions of Chapter 296-155 WAC, "Safety g the Contractor is adjudged bankrupt, makes a Standards for Construction Work." general assignment for the benefit of its creditors,if a receiver is appointed on account of its 19.7 Unemployment Compensation. Pursuant insolvency; to RCW 50.24 in general and RCW 50.24.130 in particular, the Contractor shall pay contributions for wages for personal .4 the Contractor fails to supply a sufficient number services performed under this Agreement or arrange for a of properly skilled workers or proper materials; bond acceptable to the commissioner. .5 the Contractor fails to make prompt payment to 19.8 Drug-Free Workplace. The Contractor and Subcontractors or for materials or labor; all Subcontractors shall fully comply with all applicable federal, state, and local laws and regulations regarding drug- .6 the Contractor materially disregards laws, free workplace, including the Drug-Free Workplace Act of ordinances, rules, regulations or orders of any public 1988. Any person not fit for duty for any reason, including authority having jurisdiction; or the use of alcohol, controlled substances, or drugs, shall immediately be removed from the Work, .7 the Contractor fails to comply with the provisions of RC W 28A.400.330 by permitting a worker on the 19.9 Tobacco-Free Environment. Smoking or Project having contact with children who has been use of any kind of lighted pipe, cigar, cigarette or any other convicted of or pled guilty to a felony crime lighted smoking equipment, material or smokeless tobacco involving children as described hi Paragraph 10.3. products is prohibited on all Client property. 20.3 Termination for Convenience by Client. The 19.10 Asbestos Removal. To the extent this Client may, at any time upon seven days'written notice to the Project involves asbestos removal, the Contractor shall Contractor, terminate (without prejudice to any right or remedy of the Client or KCDA) the whole or any portion of Agreement between Client and Contractor- Washington 20122115_1.DOC (Rcv for Kent) Page 15 the Work for the convenience of KCDA and the Client. The may acquire any such property under the conditions Client shall be liable to Contractor only for those costs prescribed by and at a price or prices approved by the reimbursable to Contactor in accordance with the following: Client, and the proceeds of any such transfer or disposition may be applied in reduction of any 1 The amount due under Articles 4 of this payments to be made by the Client to the Contractor; Agreement for the performance of the Work terminated; .8 take such action as may be necessary or as directed by the Client to preserve and protect the .2 Other pre-approved costs, consistent with Work and property related to this Project in the Paragraph 13.2, necessary and reasonably incurred in possession of the Contractor in which the Client has connection with the termination of Work. an interest;and The total sum to be paid to the Contractor under this .9 continue performance only to the extent not Paragraph 20.3 shall not exceed the Contract Sum as reduced terminated. by the amount of payments otherwise made. 20.4.2 In arriving at any amount due the Contractor 20.4 )affects of Termination. after termination,the following deductions shall be made: 20.4.1 Unless the Client directs otherwise, after I all unliquidated advance or other prior payments receipt of a Notice of Termination from the Client pursuant to on account made to the Contractor applicable to the Paragraph 20.2 or 20.3, the Contractor shall promptly: terminated portion of the Agreement; .1 stop Work tinder the Agreement on the date and as 2 any claim which KCDA or the Client may have specified in the Notice of Termination; against the Contractor; .2 place no further orders or subcontracts for .3 an amount necessary to protect KCDA and the materials, equipment, services or facilities, except as Client against outstanding or potential liens or may be necessary for completion of any portion of claims; and the Work that is not terminated; .4 the agreed price for or the proceeds of sale of any .3 procure cancellation of all orders and materials, supplies or other things acquired by the subcontracts, upon terms acceptable to the Client, to Contractor or sold, pursuant to the provisions of the extent that they relate to the performance of Work Subparagraph 20.4.1.7, and not otherwise recovered terminated; by or credited to KCDA. .4 assign to the Client all of the right, title and 26.4.3 If(and only if) the termination pursuant to interest of the Contactor under all orders and Paragraph 20.3 is partial, the Contractor may file a Claim for subcontracts, in which case the Client shall have the an equitable adjustment of the price or prices specified in the right, in its discretion, to settle or pay any or all Agreement relating to the continued portion of the Agreement. claims arising out of the termination of such orders The Contractor must assert any Claim for an equitable and subcontracts; adjustment under this subparagraph within nventy-one daps from the effective date of the Termination. .5 with the Client's approval, settle all outstanding liabilities and all claims arising out of such 20.4.4 The Contractor shall refund to KCDA any termination of orders and subcontracts not assigned amounts KCDA paid to the Contractor in excess of costs to the Client; reimbursable under Paragraph 20.3. .6 transfer title and deliver to the entity or entities 20.4.5 The damages and relief from termination by designated by the Client the fabricated or the Client specifically provided in Article 20 shall be the unfabricated parts, Work in process, partially Contractor's sole entitlement in the event of termination. completed supplies and equipment, materials, parts, 20.4.6 When this Agreement refers to a tools, dies, jigs and other fixtures, completed Work, termination, it is understood that the termination is of this supplies and other material produced as part of, or, Agreement, the Purchase Order, and all related contract acquired in connection with the performance of the documents. Work terminated, and the completed or partially completed plans, drawings, information and other land of Section property related to the Work; .7 use its best efforts to sell any property of the types referred to in Subparagraph 20.4.1.6. The Contractor Agreement between Client and Contractor-Washington 20122115_n.DOC (Rcv for Kent) Page 16 THE"'TIMATI FieldTurf I UR A EE%EfaEN[E A Tarkett5ports Company II Date: 3/20/2014 To: Jeff Watling- Director City of Kent- Parks, Recreation &Community Services 220 Fourth Avenue South , Kent,Washington, 98032 From: Donny Jones- Regional Vice President Phone: (360) 668-8989 Email: donny.jones@fieldturf.com Subject: FieldTurf USA, Inc. is pleased to present the following proposal for the turf replacement project at Wilson Playfields -City of Kent . All pricing, terms and conditions are per the KCDA Contract No.AEPA#012. The Price includes: ❑ Supply and Installation artificial in-filled grass surface n An 8 Year 3rtl party pre paid insured warranty on FieldTurf Revolution or Classic HD product; 8 year manufacturer's warranty on XM/XT Product. with the exception of the base paths, pitching and batting areas. The base paths, base boxes, pitching and batting areas will have a non-3 party 2 year warranty. CIVIL PRICING—Wilson Playfields Scope of Work: • Track protection for access at north&south fields(includes 1 month rental on steel plates) Remove &dispose of synthetic turf • Removal of misc. items per Demolition Plan (excludes netting &fencing) • Remove&dispose of track surfacing, asphalt, concrete curb& nailer Install 2"-3"permeable top rock @ warning track area Allowance to repair 10,000 sf of existing base • New nailer where required • Soccer goal anchors, bases&anchors, backstop padding, light pole padding Furnish and Install 47-Pole Stormguard breakaway netting system. Fence Demo as required, and new fence as required, new fittings as required. Reuse of existing wire rope. "This system requires field access with a 40'scissor lift. Prices assume being able to attach break away system to existing netting posts. Reuse of existing wire rope FieldTurf—7445 Cote-de-Liesse Road Suite 200—Montreal, QC H4T 1 G2—Tel 1-800-724-2969 www.FieldTurf.com Wilson Playfields March 20,2014 Page 2 of 3 Base Bid A: Classic HD TOTAL South Field: FieldTurf Classic HD 2.5" 121,734 s Green and Rust s 576,455.58 North Field: FieldTlnf Classic HD 2.5"(104,378 sf)(Green and Rust) $ 494,268.49 North Field: Inlaid Baseball Markings I set s 7,140 00 $ 7,140.00 North Field: Inlaid Soccer Markings I set) $ 3,825.00 North Field: Mini Soccer Markings Q set North Field: Inlaid Men's Lacrosse Markings(1 set) $ 7,140.00 280 South Field: Inlaid Baseball and Softball Markings(2 sets) $ 4, South Field: Inlaid Soccer Markings I set $ 1,140.00.00 $ 7, 0. South Field: Women's Lacrosse(1 set o0 $ 7,650.00 South Field: Flag Football(1 set) $ 3,825.DO South Field: Micro Soccer I set South Field: Track Lilies $ s,10o.00 G-Max Testing 6 tests on North and 6 on South Field) $ l8,360.00 $ 3,060.00 Pre-shipment Testing1 test per field Site Work As per Scope of Work Above $ 311 1191.69 Track surfacing on specified areas: (Non-KCDA pricing because less than 3500sy) $ 60,765.88 • Pressure wash areas to receive new Beynon surfacing • supply and installation of the new BSS 100 Top Coat to existing surface per the plans andspecifications 2200 s Track surfacing on specified areas: (Non-KCDA pricing because less than 3500sy) $ 5,638.05 Supply and installation 71 sy of the new BSS 200 surface per the plans and specifications. $ 3,060.00 Vendor Maintenance Training(2 visits per field) At 6 months and ] year after date of substantial completion. $ 5,100.00 Attic stock for both fields $ 19,310.75 Performance/Pa mentBonds $1,567,590.43 Sub Total without WSST $ 148,921.09 WSST $1,716,511.53 Total with WSST Price does not include: a) Any costs associated with necessary charges relating to the delineation of the field b) The supply of manholes or clean-outs or grates, or supply of the manhole covers;and c) Any alteration or deviation from specifications involving extra costs,which alteration or deviation will be provided only upon executed change orders, and will become an extra charge over and above the offered price. d) Soil stabilization or subgrade conditioning, if applicable e) Site security f) Boring for utilities g) Athletic equipment (unless specified as included above) h) Installation of manholes,junction boxes,gabions,concrete rip wrap, storm drainage not related to the field construction, grate inlets and RCP. Wilson Playfields March 20,2014 Page 3 of 3 i) Relocation, removal and repair of existing utilities not limited to electrical conduits, power poles,water,sewer,gas, cable,telephone, owner placed conduits or communication feeds within the field of play j) State of Washington Sales Tax k) Landscape restoration, maintenance, removal of spoils, over excavation, import/export of soils to meet subgrade,subgrade compaction, underground utility location, demolition of underground utilities and irrigation equipment, erosion control,swppp,traffic control & flagging, construction water,dewatering, LEED requirements and fees, LID requirements and fees,and all other items not specified in the Bid Summary and Scope of Work. NOTES: Notwithstanding any other document or agreement entered into by FieldTurf in connection with the supply and installation only of its product pursuant to the present bid proposal, the following shall apply: This bid proposal and its acceptance is subject to strikes, accidents,delays beyond our control and force majeure; Per specifications, Final Payment will be made after Final completion. Fieldturf requires a minimum of 21 days after receiving final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. FieldTurf further requires 28 days to install the Product subject to weather and force majeure. Minimum of 20 days for track and striping related work. Fieldturf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a minimum access of 15 feet wide by 15 feet high,and, no more than 100ft from the site. This proposal is based on a single mobilization. If the site is not ready and additional mobilizations are necessary additional charges will apply. FieldTurf shall be accountable for its negligence but shall not be bound by any penalty clauses. In the event that FieldTurf is ultimately obliged to take collection procedures for payment,acceptor of this bid shall be liable for FieldTurfs collection costs including attorney fees and costs. If the above is acceptable, please execute a purchase order for the total cost to Shawne Anderson at KCDA: snderson@kcde.org. If you have any questions regarding this cooperative purchasing proposal, please feel free to call Sarah from FieldTurf at: 888-209-0065 ext. 230. Thank you! CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 04/25/20' THIS CERTIFICATE IS ISSUED ASA 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 TH E 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 Willis of Pennsylvania, Inc. NAME -PHONE FAX Century c/o 26 Century Blvd. FIMAL T)' 877-945-7378. m6cuo1 888-467-2378 P. O. Box 305191 certificates@willis.com_. Nashville, IN 37 2 3 0-5191 INSURER(S)AFFORDING COVERAGE NAICM INSURERA: XL Insurance America, Inc. 24554-003 INSURED INSURERS: Travelers Property Casualty Company of Am 25674-008 Pieldtur£ USA, Inc. _ C/o Sports Division INSURERC:The Travelers Indemnity Company 25658-006 Tarkett Inc. INSURERD: 7445 Cote-de-Liesse Road, Suite 200 - Montreal, 4C H4T 1G2 INSURERS: Canada INSURER F: COVERAGES CERTIFICATE NUMBER:21536903 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OFINSURANCE DD' SUB qR Me POLICY NUMBER POLICY EFF POLICY EXP LIMITS T. A GENERAL LIABILITY y US00010327L114A 5/1/2014 5/1/2015 EACHOCCURRENCE $ 11000,000 DAMAGETO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(En occurence). _ $ 100 000 _ 1 CLAIMS-MADEIx]OCCUR MEDEXP(Anyonepersen) $ 10 000 PERSONAL&ADV INJURY __$ 11000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY1:1 PRO- FI LOG $ B AUTOMOBILE LIABILITY y TJCAP823K312A13 9/28/2013 9/28/2014 COMBINED SINGLE LIMIT 2,000,000 X ANYAUTO BODILY INJURY(Per person) $ _. AU OS SCHEDULED BODILY INJURY(Perexcent) $ AUTOS AUTOS -' HIREDAUTOS NON-OWNED (perOacoidenl)AMAGE- $ AUTOS --- X olD X D $Cined Comoied A X UMBRELLA LIAS X OCCUR y US00010615LI14A 5/l/2014 5/l/2015 EACH OCCURRENCE $ 1,000,000 E%CE"LIAe CLAIMS-MADE AGGREGATE._ $ 11 00,000 DED X RETENTION$ 10,00C $ C WORKERS COMPENSATION ** TRJUB823K311813 9/28/2013 9/28/2014 X WC STAT7EA OTH- AND EMPLOYERS'LIABILITY MB ANY PROPRIETOR/PARTNER/EXECUTIVE YNI NIA ADS TC2JUB823K310613 9/28/2013 9/28/2014 E.L.EACH ACCNT 7S1,000,000 00,000 OFFICEWMEMBER EXCLUDED? LJ E.L.DISEASE- EMPLOYEE �Mandatory In NH) fyes,descnhe undar E.L.DISEASE-POLICYLIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space is required) WC Policies: AOS-covers all other states. **-covers AZ, MA, OR, WI only. Project: Wilson Playfields. City of Kent - Parks, Recreation & Community Services is included as an Additional Insured on the General Liability, Auto Liability and Umbrella policies, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent - Parker Recreation & Community AUTHORIZED REPRESENTATIVE Services 220 Fourth Avenue South Ken Aent, WA 98032 Co11:4399368 Tpl:1801947 Cert:21536903 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25 1201010 5) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 INSURED: Fieldturf USA,Inc. '... POLICY NUMBER: US000103271,I1.4A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: I COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) City of Kent-Parks,Recreation&Community Services 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 in- clued as an additional insured the person(s)or organi- zation(s)shown in the Schedule,but only with respect to liability for"bodily injury","property damage"or "personal and advertising injmy'caused,in whole or in part,by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CC 20 26 07 04 ISO Properties,Inc., 2004 Page 1 of 1 POLICY NUMBER: US00010327LI14A COMMERCIAL GENERAL LIABILITY CG20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location And Description of Completed Operations Or Organization(s) City of Kent- Parks, Recreation & Community Services Project: Wilson Playfields. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — 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 Page 1 of 1 POLICY NUMBER: COMMERCIAL AUTO TJCAP823K312A13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds"under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: 9/28/2013 Countersigned by: (authorized representative) Named insured: Fieldturf USA, Inc. SCHEDULE Name of Person(s)or Organization(s): City of Kent- Parks, Recreation & Community Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization indicated above is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an"insured" under Who Is An Insured provision contained in Section II of the Coverage Form. CA 20 48 02 99 .4COR®® CERTIFICATE ®F LIABILITY INSIJ NCE page 1 of 1 04/25/20 4) THIS CERTIFICATE IS ISSUED A$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 E: Willis of Pennsylvania, Inc. PHONE a,Nrn 888-467-2378 c/o 26 Century Blvd. Nq FxT) 877-945-737� - P. 0. Box 305191 E-MAIL DDRFce certifcatesOwillis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGCOVERAGE NAIL# INSURERA: XL Insurance America, Inc.. 24554-003 INSURED INSURER B: Travelers Property Casualty Company of Am 25674-008 Pieldturf USA, Inc. - - - - - c/o Sports Division INSURERG The Travelers Indemnity Company 25658-006 Tarkett Inc. INSURER D: 7445 Cote-de-Liesse Road, Suite 200 --- - - - Montreal, QC H4T 1G2 INSURERS: _ Canada INSURERF: COVERAGES CERTIFICATE NUMBER:21536903 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 TI-IIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OFSUCH POLICIES.LIMITSSHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS. _ INSR rypE OFINSURANCE DD' SUB SEE %MvD POLICY NUMBER POLICYEFF POLICYEXP LIMITS A GENERAL LIABILITY Y US00010327LI14A 5/l/2014 5/1/2015 EACH OCCURRENCE $ 1 0D0 000 COMMERCIAL GENERALLIABILITY DAMqGETORENTED X REMISES Ea occurence $ 100,000 CLAIMS-MAOEI x]OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADM INJURY $ 1 0001000 GENERALAGGREGATE $ 2,000,000 GENLAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPlOPAGG $ 2,000,000 X I POLICY PRO- LOC COMBINED SINGLE LIMIT $ B AUTOMOBILE LIABILITY Y TJCAP823R312A13 9/28/2013 9/28/2014 (Ee ecddenq $ 2,000,000 X ANYAUTO BODILY INJURY(Per person) $ ALLOWNEDAm CHEDULED BODILYINJURY(Peraccident) $ AUTOS UTOS PROPERTYDAMAGE ON-owNeD $ tEXCESS DAUTOSUTOS (Peracddent) 00 1,000 S X Ded Ded A X ELLALIAB X OCCUR y U800010615LI14A 5/l/2014 5/l/2015 EACH OCCURRENCE _ 5 11000,000 GAS CLAIMS-MADE AGGREGATE $ 11000,000 X RETENTION$ 10,000, $ rANDEMPLOYERS'LIABILITY RKERS COMPENSATION ** TRJUB823K311813 9/28/2013 9/28/2014 X .. CSTATU- OTR- PROPRIETOWPARTNEWEXECUTIVEY/N❑N NIA ADS TC2JUB823K310613 9/28/2013 9/28/2014 E.LEACHACCIDENT $ 1,000,000 ICERIMEMBEREXCLUDED7 EL DISEASE-EA EMPLOYEE $ 11000,000 ndatory in NH)s,deeutsUnder EL DISEASE-POLICY LIMIT $ 1,000,000 SCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES(Attach Acord 101,Additonal Remarks Schedule,if more space Is required) WC Policies: ADS-covers all other states. **-covers AZ, MA, OR, WI only. Project: Wilson Playfields. City of Kent - Parks, Recreation & Community Services is included as an Additional Insured on the general Liability, Auto Liability and Umbrella policies, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Rent - Parks, Recreation & Community AUTHORIZED REPRESENTATIVE Services 220 Fourth Avenue South Ken / Rent, WA 98032 /`/J'_i"h. �_ Coll:4399368 Tp1:1801947 Cert:21536903 01988-2010 ACORD CORPORATION.Al I rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CC 20 26 07 04 INSURED: Fieldturf USA,Inc. POLICY NUMBER: US000103271,I14A THIS ENDORSEMENT CHANGES TITE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)or Organization(s) City of Kent-Parks,Recreation&Community Services Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section If—Who is An Insured is amended to in- clued as an additional insured the persons)or organi- zation(s)shown in the Schedule,but only with respect to liability for"bodily injury","properly damage"or "personal and advertising injury"caused,in whole or in part,by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. in the performance of your ongoing operations;or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ISO Properties,Inc., 2004 Page I of 1 POLICY NUMBER: US00010327LI14A COMMERCIAL GENERAL LIABILITY CG20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® ® OWNERS, LESSEES OR CONTRACTORS ® COMPLETE® OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) Location And Description of Completed Operations Or Organization(s) City of Kent- Parks, Recreation & Community Services Project:Wilson Playfields. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II — 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 Page 1 of 1 POLICYNUMBER: COMMERCIAL AUTO I,I TJCAP823K312A13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective: 9/28/2013 Countersigned by: (authorized representative) Named insured: Fieldturf USA, Inc. SCHEDULE Name of Person(s)or Organization(s): City of Kent- Parks, Recreation &Community Services (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Each person or organization indicated above is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under Who Is An Insured provision contained in Section II of the Coverage Form. CA 20 48 02 99 ' KENT W AS HIN6TON Agenda Item: Other Business - 8A TO: City Council DATE: April 1, 2014 SUBJECT: King County Director's Association (KCDA) Agreement for Wilson Playfields Synthetic Turf Replacement Project - Authorize MOTION: Move to recommend authorizing the Mayor to sign the KCDA agreement in the amount of $1,716,511.53, including Washington State Sales Tax, to replace the synthetic turf at Wilson Playfields and perform associated incidental work, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: The synthetic turf at Wilson Playfields is at the end of its useful life. Plans and specifications for turf replacement are complete. After research and consideration of turf options, staff recommends that the city purchase the new synthetic turf from KCDA, a purchasing cooperative that Kent has been a member in since 1982. If approved, the complex will close for renovation on May 12th, and is scheduled to reopen in August. EXHIBITS: 1) Staff Report 2) KCDA Interlocal Cooperative Purchasing Agreement 3) KCDA Vendor Agreement 4) Field Turf Scope of Work 5) Field Layout Plan RECOMMENDED BY: Parks and Human Services Committee YEA: Ralph - Higgins - Fincher NAY: BUDGET IMPACTS: Budget during the mid-biennium in the Parks Capital Budget I ill I REQUEST FOR MAYOR'S SIGNATURE KEAlT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Brian Levenhagen Dept/Div: Parks Planning & Development .-----Extension:, 5116 Date Sent: 4/l.�/14 Date Required ? 7" Return to. Lynn Osborn x5111 CONTRACT TERMYNAT ON ®ATE: 7/25/14 VENDOR: KCDA/FieldTurf USA DATE OF COUNCIL APPROVAL: 4/1/14 _ ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: An agreement with the King County Directors' Association and FieldTurf USA to remove and replace the synthetic turf at Wilson Playfields. —J All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) f i � Received: t � Approval of Law Dept.: Law Dept. Comments: a.... A u� e 1 Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: u+n, It Recommendations and Comments: Disposition Date Returned: