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HomeMy WebLinkAboutPK14-235 - Original - Evergreen Asphalt & Concrete, Inc. - Russell Rd Park Parking Lot Asphalt Sealcoating - 09/09/2014 w� i ��. Records Manage Me` iR�� f�,r�� Document r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Evergreen Asphalt and Concrete Vendor Number: JD Edwards Number Contract Number: W JI 1-2JO) This is assigned by City Clerk's Office Project Name: Russell Road Park Parking Lot Asphalt Sealcoat Project Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract ❑ Other; Contract Effective Date: 9/11/14 Termination Date: 9/12/14 Contract Renewal Notice (Days): 0 Number of days required notice for termination or renewal or amendment Contract Manager: Quientin Poll Department: Park Operations Contract Amount: $14,016.00 (including WSST) Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): ------------ As of: 08/27/14 i Parks, Recreation and Community Services or Jeff Watling, Director • Phone:253-856-5120 KG I i T Fax: 253-856-6120 I WASHINGTON _ Address:220 Fourth Avenue S. ' Kent,WA. 98032-5895 Memorandum DATE: September 9th 2014 TO: Mayor Suzette Cooke FROM: Quientin Poil CC: Jeff Watling, Garin Lee RE: SEALCOAT PARKING LOT RUSSELL ROAD PARK PROJECT: RUSSELL ROAD PARK SEALCOAT CONTRACTOR: EVERGREEN ASPHALT AND CONCRETE SCOPE OF WORK: Sealcoating 55,000 square feet of parking lot asphalt and restriping parking stalls with updated ADA requirements. Sealcoating the asphalt will increase the longevity of the existing asphalt. It will help keep the asphalt from breaking up and last longer. With new ADA requirements we will need to add two new ADA parking stalls to bring the lot up to the new ADA standard. With the new sealcoat all parking stalls will need new striping. Project is scheduled to start this Thursday September l lth and should be completed within two to three days. Sincerely �? QuientinPoil Park Operation West Supervisor 3 V-Cir Ott rO't 253-856-5127 q 0V) j Memorandum: September 9,2014 Page: 2 i i i j O T W HIN6T0 PUBLIC WORKS AGREEMENT between City of Kent and EVERGREEN ASPHALT & CONCRETE THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and EVERGREEN ASPHALT AND CONCRETE organized under the laws of the State of WASHINGTON KING COUNTY, located and doing business at 18744 SE 282"d ST Kent, WA 98042 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: WORK TO BE PERFORMED ACCORDING TO THE SCOPE OF WORK DETAILED IN APPENDIX "A". WORK WILL BE LOCATED IN THE PARKING LOT ON THE WEST SIDE OF RUSSELL ROAD PARK LOCATED AT 24400 RUSSELL ROAD KENT WA. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I WITHIN 30 DAYS. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FOURTEEN THOUSAND SIXTEEN DOLLARS AND ZERO CENTS($14,016.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because .this contract, including applicable sales tax, is less than $35,000, and pursuant to Chapter 39.08 PUBLIC WORKS AGREEMENT - 1 (Over$10K, under$35K, and No Performance Bond) RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60,28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City, "Additional costs' shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 (Over$1 OK, under$35K, and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause, "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.1.2 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment, The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Over$1 OK, under$35K, and No Performance Bond) with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an i PUBLIC WORKS AGREEMENT - 4 (Over$1OK, under$35K, and No Performance Bond) I invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar• days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. PUBLIC WORKS AGREEMENT - 5 (Over$1OK, under$35K, and No Performance Bond) The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY j NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. i A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT - 6 (Over$1OK, under$35K, and No Performance Sand) filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of ,this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. I E. Assi_ nq ment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement, However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply.with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. I i PUBLIC WORKS AGREEMENT - 7 (Over$10K, under$35K, and No Performance Bond) i i J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement, I IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: B y: � L (signature) (signature) Print Name: �1 CZLAtel Pri )tano! Suzette Cooke Its Mayor DATE: `/ ��`7 DATE: NOTICES TO BE SENT TO: NOTYC S TO BE SENT TO: CONTRACTOR: CITY OF KENT: SHANE GILBERTSON QUIENTIN POIL EVERGREEN ASPHALT & CONCRETE City of Kent 18744 SE 282ND ST 220 Fourth Avenue South KENT,WA 98042 Kent, WA 98032 253-639-3779 (telephone) (253) 253-856-5127 (telephone) [Insert Fax Number] (facsimile) (253) 253-856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department i I pn this fieltl,yov may enter the electronic Fllepath inhere the mntrad has been say.dj PUBLIC WORKS AGREEMENT - 8 (Over$1©K, under$35K, and No Performance Bond) Ili DECLARATION CITY OF (CENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative j response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. I By signing below, I agree to fulfill the five requirements referenced above. By: For: — Title: Date: EEO COMPLIANCE DOCUMENTS - 1 i CITY OF (CENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 i SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 i i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT I, This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the j Agreement. i I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the_ (date) between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2009. By: For: Title: Date: i EEO COMPLIANCE DOCUMENTS - 3 of 3 I I Parks, Recreation and Community Services Jeff Watling, Director Phone:253-856-5120 Fax: 253-856-6120 KEN T Address:220 Fourth Avenue S. WASHINGTON Kent,WA. 98032-5895 APPENDIX A Memorandum i DATE: July 18, 2014 TO: Contractors FROM: Scott Swanson Project Manager CC: Quientin Poil Park Operations Supervisor RE: Bid—Russell Road Parking Lot Fields 0 and #2 Seal-Coat and Striping Scope of Work: Contractors will provide a bid for the areas outlined in red. This area is approximately 55,000 square feet. Area is located west of field 41 and#2 covering all three entrances of Russell Road into the park. • Contractor will clean and prep area for seal coat and painting and striping of the existing parking lot. • Any areas needing crack seal the contractor will seal those areas as part of this project. • There is 158 stall in this scope of work.Area needs to be striped and painted under ADA compliance standards. • Five stalls need to be ADA compliant with one of those stalls dedicated to Van ADA requirements. • The Van ADA stall needs to be located in the southeast portion of the parking lot fronting field#1. • The contractor will have 30 days to complete project after bid has been awarded.Any question please contact Scott Swanson project coordinator. Thanks-Scott sswanson(cPkentwa.Rnv Cell#-253-740-0246 I I i EXHIBIT B INSURANCE REQUIREMENTS FOR j CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations,independent contractors,products-completed operations,personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CO 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 1185 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. i 2. Commercial General Liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products- completed operations aggregate limit. i EXHIBIT B (Continued) i i C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions j for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail,return receipt requested,has been given to the City. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools,machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur,the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. /9 Client#:38. _'RASP ACORDn, CERTIFICATE OF LIABILITY INSURANCE DATE(MMMONYYY) 4/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bell-Anderson Ins PHONE 425 291.5200 4252915100 AIC IN Ext: A(C No 600 SW 39th Street,Suite 200 E-MAIL ADDRESS: Renton,WA 98057 INSURERS)AFFORDING COVERAGE NAIL# 425 291.5200 INSURER A The Charter Oak Fire Insurance INSURED INSURER B:Travelers Indemnity Co. Evergreen Asphalt&Concrete,Inc. INSURER C PO Box 1567 INSURER O: Kent,WA 98035 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPE OF INSURANCE jINSR WV� POLICYNUMBER MMIDIDmYY POLICY LIMITS A GENERAL LIABILITY X 6808008XO53 5/03/2013 05/03/2014 a EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERALLIASILITY DApEM%E rescat $300000 CLAIMS-MADE a OCCUR MED EXP(Any one person) $5 000 PERSONAL S AOV INJURY $1 000 000 GENERAL AGGREGATE $2,000,000 G 1AGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGO $2,000,000 POLICY PRO- LOC $ B AUTOMOBILE LIABILITY BA8116X85113SEL 5/03/2013 05103/2014 EeeBINEOSINGLELIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per pemon) $ ALL OWNED SCHEDULED BODILY INJURY(Peraccidesh $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ B X UMBRELLAUAS X OCCUR CUP8118X60A1242 5/0312013 05/0312014 EACH OCCURRENCE $2 000 000 EXCESS LIAR I CLAIMS-MADEI AGGREGATE $2.000 000 DED X RETENTION$5000 $ WORKERS COMPENSATION 6808008XG53 5/03/2013 05/03/2014i WC STATU. OTH. AND EMPLOYERS'LIABILITY YIN I A ANY PROPRIETOPIPARTNERIEXECUTIVE (WA Stop Gap) E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? N N/Ai (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000000 Undescribe under RIPTION OF OPERATIONS be. E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) The City of Kent, its officials,employees and volunteers are additional insured for general liability, but only if required by written contract or written agreement per the attached endorsement CGD248 08/05. i CERTIFICATE HOLDER CANCELLATION Cityof Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks Operations ACCORDANCE WITH THE POLICY PROVISIONS. 5821 south 240th Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 oft The ACORD name and logo are registered marks of ACORD #S499031/M495647 KLA ' J f COMMERCIAL GENERAL LIABILITY i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURE® (CONTRACTORS OPERATIONS) i This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard". a) Only with respect to liability for"bodily injury", 3. The insurance provided to the additional insured "property damage"or"personal injury"; and by this endorsement is excess over any valid and b) If, and only to the extent that, the injury or collectible "other insurance", whether primary, damage is caused by acts or omissions of excess, contingent or on any other basis, that is you or your subcontractor in the performance available to the additional insured for a loss we of "your work" to which the "written contract cover under this endorsement. However, if the requiring insurance applies. The person or rnt contract r ct requiring in insurance"apply specifically organization does not qualify as an additional requires primary insured with respect to the independent acts basis or a primary and non-contributory basis, or omissions of such person or organization. this insurance is primary to "other insurance" available to the additional insured which covers 2. The insurance provided to the additional insured that person or organization as a named insured by this endorsement is limited as follows: for such loss, and we will not share with that. a) In the event that the Limits of Insurance of "other insurance". But the insurance provided to this Coverage Part shown in the Declarations the additional insured by this endorsement still is exceed the limits of liability required by the excess over any valid and collectible "other in- "written contract requiring insurance", the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis, that is available to the addi- shall be limited to the limits of liability re- tional insured when that person or organization is quired by that "written contract requiring in- an additional insured under such "other insur- surance". This endorsement shall not in- ance". crease the limits of insurance described in 4. As a condition of coverage provided to the Section III— Limits Of Insurance, additional insured by this endorsement: b) The insurance provided to the additional in- a) The additional insured must give us written sured does not apply to "bodily injury", "prop- notice as soon as practicable of an "occur• erty damage" or "personal injury" arising out rence" or an offense which may result in a of the rendering of, or failure to render, any claim. To the extent possible, such notice professional architectural, engineering or sur- should include: veying services, including: I. How, when and where the "occurrence" i. 'The preparing, approving, or failing to or offense took place; prepare or approve, maps, shop draw- u. The names and addresses of any injured ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, persons and witnesses; and approving, or failing to prepare or ap- III. The nature and location of any injury or prove, drawings and specifications; and damage arising out of the "occurrence"or ii. Supervisory, inspection, architectural or offense. engineering activities. CIS D2 48 08 05 Q 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 . COMMERCIAL GENERAL LIABILITY h} |fa claim is made ur "suUt" is brought against anoo provided to the additional insured by the additional insured, the additional insured this endorsement is primary k) "other innup muut anoo" available to the additional insured i. Immediately record the specifics ufthe which covers that person ur organization uoo claim or"auit" and the date reoeivedond named insured oo described in paragraph 3. ' above. ]i. Notify usmn soon aspracticable. 5. The following definition is added to SECTION V. The additional insured must see tu |t that we . DGF|N|T|0NC: receive written notice of the claim nr'ouit"au soon uuprunU .uab|o� VVhtt*noonkaot requiring insurance" means that part uf any written contract uragreement o) The additional insured must immediately under which you are required to include u send oo copies of all legal papers received in person or organization asan additional in- connection withtheo|aimor"ooit'. uonparut* uvrodon this Coverage Part, provided that with uoin the investigation nr settlement of the "bodily injury" and "property damage" oc- the claim or defense against the "vuit"' and curs and the "personal Injury" io caused byon otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the d*- a. After the signing and execution ofthe fonoo and indemnity nf any claim or "ouit" tn contract or agreement byyou; any provider uf"other insurance"which would cover the additional insured for u loss we b. While that part uf the contract or cover under this endorsement. However, this agreement inin effect; and condition does not affect whether the inuur- c. Before the end uf the policy period, ` Page 2of2 @)2005 The St. Paul Travelers Companies, Inc. CGD248U805 ' | / i Evergreen Ashhall c'. Concrete. Inc. PROPOSAL P.O. Box 1567 --- Kent, WA 98015-1567 Date Proposal# P11'FaX_253-639-3779 s;er2ora 5092 1$ 7gq $65' ZBZ,s.,o 5i i PROPOSAL SUBMITTED TO: CIS of Kent 220 Fourth Avenue Kent.WA 99032 253-740-7033 TERMS SUBMITTE... JOB ADDRESS Due on receipt SG Qty Description Rate Total Russell Road Fields 1,0 Scaicoat 1 55,000 Sq/Ft Seulooating with Commerelal Grads Pavement Sealer, 11,550.00 1 1,550.004' Price includes applying 2 cols orsealer. Includes treating grcase,oil or gasoline stains with PciraSdal prior ttr applying scaler. Includes cleaning parking lot of debris,moss and dirt prior to sealing Includes scaling major cracks I Restripe as per existing layout with the exception of providing two new ADA Van Access Isis 1.250.00 1,250.00T Sinelc MOB Prevailing wage i i ACCEP LANCE OF PROPOSAL Sales Tax 9.5% ) �I,2le.00 'I he above prices.specifications mid conditions are satisfachiq mud arc herby accepted. You are authorize(to do the work as specified, payment is due within 30 days ofcompletion Of Total SI4,016.00 work. 1.3%,PER MONTI I SERVICE^"CTIARGB ON ALL PAST DUG ACCO[INTS. IN 1[If I VENT L EGAL AC PION IS TAKFNI 'O COL LECF ANY Ai-MOUNTS DUE. YOU AC,RLP;'1*0 PAY AI. ,LEGAL FEES&LXPENSES. TMIS QUOTATION IS ONLYSIgnature VALID FOR THIRTY(30)DAYS. E-mail; Web Site: cverercen.dirkn co icast'ndt Lvergreenasphalt.com 1 I AP MIS a��„.. f•+ � ,�, .axe¢ ��t� e.� x, �a"� � rznm 'A A � h � t S x-u �n yt� k y Y t t r x x+v? Tr { x %0 ar, /y'`k�2?3 i � ? £r e-,„ Apr. x F^'. e ✓v h� ate a, it a - tNr�.. {a, 3 sp., Yet mb 1 z i tr - .ICIBNmB County `n .'3^.^,3 . ;Y„ it Zen fl 122fts a a .. The information mduded on this map has been compiled by King County staff from a variety of sources and is subject to change without notice.King County m ra makes no representations or wanties,express or Implied,as to accuracy,completeness,timeliness,or fights M the use of such information. This document Is no Intended for use as a survey product.IGnp County shall not be liable for any general,special,indirect,incidental,or consequential damages Including,but not Iitnited to,lost revenues or last profits resulting from the use or misuse of the information cmusined on this map.Any sale of Kin Count this map or Information on in..map Is prohibited except by written permission of King County. One:913MO14 Source:King County!MAP-Property Information(http:ll;ms.me(roko.gov/01SIIMAP) Ordinance No.3962 City of Kent Contractor License KEN City of Kent Customer Services - 220 Fourth Avenue S. - Kent,WA 98032.5895--')25�)85 6 210 Fax(253)856-8200 PLEASE TYPE OR PRESS FIRMLY—BLACK OR DARK BLUE INK ONLY FeemunA, pTprn�Ap, oralte, All licenses expire December 31.Renewal invoices mailed in January, $101 A V -4 Date:- 1. Name of Business: Business Address: City: State: r1- ZIP: Phone: Mailing Address: City: State: ZIP: 2. WA State UBI#:. ? 3. WA State TRN(Tax Registration Number): �3 3 4. 0 Indiv. C3 Partnership 0 LLC U/Corporation Provide ownership information,Include supplementallistif needed, Owner(s)Name(s): V1,A- A;0 Address:—. City: State: ZIP: �'Ao 3'; Phone:( ;'`,)> '7 .'l FAX( 5. Contact Person: Phone 6. Description of Business: 7, Is your Business subject to the State of Washington B&OTax(Chapter 82.04 Revised Code of Washington)? q,,Yes C) No i Is your Business subject to City of Kent B&O Tax(please reference the list of exemptions noted on page 2ofthe I Business Activities Questionnaire)? Cf-yes Q No Exemption Number I hereby certify that the statements and information famished by me on this application are true and complete to the best ofmy knowledge. I also acknowledge that the statements and information furnished by me on this application are public records and are available forpublic inspection pursuant to State of Washington RCW42.14260. I understand that issuance of this license is conditioned upon compliance at all times with all applicable ordinances,regulations and statutes of the City of Kent and the State of Washington,The issuance of this business license does notimply compliance with the Zoning,Uniform Fire and Building Codes, Signature: Print Name: Title: Date: FOR OFFICE USE ONLY: BLOC# Date Recd Date Mailed T.R.9 Arm,Paid Other— ficsW09563-2-14 White:DLFile Canary: Applicant's Receipt Copy