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HomeMy WebLinkAboutPK15-040 - Original - Kompan, Inc. - Kent Memorial Park Explorer Dome Play Equipment - 02/19/2015 J�uG;44' i3 sd" b'A! '...";?x' ord f^S Jg„ �„ fi ry KEN7" ,N, y WASHINGTDN � � f £�� Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: KOMPAN, Inc. Vendor Number: 587369 JD Edwards Number Contract Number: 0Ll 01 This is assigned by City Clerk's Office Project Name: Explorer Dome play equipment purchase Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 2/6/2015 Termination Date: 9/30/2015 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Brian Levenhagen Department: Parks Planning & Dev. Contract Amount: $46,615.25 Approval Authority: ❑ Department Director ®Mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Core play structure for 2015 Kent Memorial Park Playground Rehab; Purchased through US Communities cooperative purchasing agreement; No labor, equipment purchase only. Division Contract #PPD15-02 i adccW10B77 8 14 Osborn Lynn 0 o V From: Osborn, Lynn Sent: Tuesday, February 10, 2015 4:57 PM To: Stephanie Boorsma (stephanie@highwireus.com) Cc: Levenhagen, Brian Subject: Explorer Dome contract Attachments: Explorer Dome-CONTRACT-Page 1 Amount Corrected.pdf Hi Stephanie. As I was preparing the contracts for the Mayor's signature I noticed a clerical error that I committed on page 1. In Section III - Compensation, I used the pre-tax amount of $42,571.00 when I should have used the Total amount including WA State Sales Tax as the contract verbiage states. I apologize for the error. The sales tax is clearly indicated on page 2 of KOMPAN's Sales Proposal (Exhibit A) however, as you know, KOMPAN has already executed the contract in its present form. `�-_1 L V, After consulting with our Law Department, I have manually corrected page 1 of the agreement `. to reflect the actual Total Contract Amount of $46,615.25, which includes the $4,044.25 WSST ;t that I overlooked. I have attached the corrected page. Please print the page and have KOMPAN initial the revised amount on the attachment, then return the initialed page to me so that the contract submitted for Mayor Cooke's signature is accurate. I apologize again for the '} error. Please contact me with any questions in the meantime. Thanks so much! Lynn Osborn Lynn Osborn, Parks Planning&Development Specialist Parks, Recreation and Community Services I Parks Planning & Development Division 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5111 1 Main 253-856-5110 losbomPKentWA.aov CITY OF KENT,WASHINGTON KentWA.aov/ParksandRecreation Facebook j i, i6 i YouTube PLEASE CONSIDER THE ENVIROMMENl BEFORE PRMING TI-IIS E-MML I, II 1 1C iN T 'NASHINOTON Agenda Item: Consent Calendar - 7E TO: City Council DATE: February 3, 2015 SUBJECT: Goods and Services Agreement with KOMPAN, Inc. for Play Equipment at Kent Memorial Park - Authorize MOTION: Authorize the Mayor to sign the agreement with KOMPAN, Inc. in the amount of $42,571.00, including Washington State Sales Tax, for the purchase and delivery of new play equipment for Kent Memorial Park, subject to final terms and conditions acceptable to the City Attorney and the Parks Director. SUMMARY: In addition to its primary use for baseball, Kent Memorial Park serves as a neighborhood park for the 1,622 children under the age of 14 in its census tract. Many of the park users live in the over 1,000 multi-family housing units within a half mile of the park. The existing playground was installed in 1997. It is heavily used and in a state of deterioration. Typical playgrounds have a useful life of 15 years in a public park setting. A number of play elements have broken and been removed from the playground. This "Explorer Dome" will be the anchor piece of equipment in the re- development of the play area this year, providing an opportunity for children to participate in safe, creative, unstructured play. If authorized, the purchase will be processed through the U.S. Communities Cooperative Purchasing Agreement. EXHIBITS. Draft Goods & Services Agreement including Sales Proposal RECOMMENDED BY: Parks and Human Services Committee YEA. Ranniger - Higgins - Fincher NAY: BUDGET IMPACTS: Expenditure impacts the Parks Lifecycle Budget I KENT GOODS & SERVICES AGREEMENT between the City of Kent and KOMPAN, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and KOMPAN organized under the laws of the State of Washington, located and doing business at 930 Broadway, Tacoma, Washington 98402; 888- 579-8223 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: As described in Exhibit A, hereto attached: Provide and deliver one (1) Explorer Dome playground structure, for installation in Kent Memorial Park in 2015. This agreement Is for equipment purchase only, no labor or installation will be provided by the vendor. I. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. i II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by September 30, 2015, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Forty Two Thousand, Five Hundred Seventy-one dollars and no cents ($4 0), including applicable Washington State Sales Tax, for the goods, materials, and s rvices contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: i GOODS & SERVICES AGREEMENT - 1 (Over$10,000,00, including WSST) Vendor will submit a single invoice I If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. ' B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. GOODS & SERVICES AGREEMENT - 2 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY GOODS & SERVICES AGREEMENT - 3 /I.,-- Min n nn .....L..J:.... 'Alc=1 CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to I GOODS & SERVICES AGREEMENT - 4 correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES AGREEMENT - 5 fin.,.... &In n n n nn ,--/,.A;-- LAIC=) XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. GOODS & SERVICES AGREEMENT - 6 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. J. Counter arts. This Agreement may be executed in any number of counterparts, each of which shall constitute an ' original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By By: sf no t r (signatura) Print Name:_ � P�e-w)a- P t Name:(S4zette Cooke Its V]fS; �ilrrfr Mavor frtle DATE: DATE: `2/ 11 i I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Peter Tammetta Brian Levenhagen Nighwire Inc, City of Kent 1901 S. Jefferson, Ste 301 220 Fourth Avenue South Tacoma, WA 98402 Kent, WA 98032 (206) 661-8320 (telephone) (253) 253-856-5116 (telephone) peter@highwireus.com bjlevenhagen@kentwa,gov APPROVED AS TO FORD i Kent Law Department P\PlannNfg\Kent Piemodai Park\Playgrountl2015\Explorer Dome conhaR docslExOferer dome-C6ATFACP.decx ' i GOODS & SERVICES AGREEMENT - 7 (Over$10,000.00, including WSST) DECLARATION i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies, The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 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 compiled with the requirements as set forth above. By signing b Mw, I agree to fulfill the five requirements referenced above. By: For: K 0/1 PA Al n C Title; Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. i I III I IhAnl TAMIC nnl l MACK= - n ..F 4 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: ��� -R-1 TA l.li^ 11l 1II.ACI.ITC EXHIBIT A KOMPANa SALES PROPOSAL VCOROCORD KOMPAN,INC.*930 Broadway,Tacoma,WA 98402 Tel 1-888-579-8223*Fax 1-888-579-8224*www.kompan.com KOMPAN is a proud supplier partner of Date 01/16/15 Expiration Date 02/15/15 U.S. Proposal No. SP33742 S COMMUNITIES Project City of Kent C 9VF,RN�I6NT PURCHASINn A4LIANCF, Ship to StatelZip WA 98032 Customer Service Representative JilSca Sales Representative Highwire Payment Terms NET 30 Site Location: 160359 City of Kent TBD Kent, 98032 United States Invoice-to: 160359 Ship-to: City of Kent City of Kent 220 4th Ave.S. TBD Kent, W St A 98032 Kent, 98032 United States United States P . Phung Huynh hung Huynh City Item No. Description Unit Price Retail Price Disc.% Net Price_ . U.S.Communities Contract#110W1 1 COR88630203 EXPLORER DOME Green Ropes 52,260.00 52,250.00 23.45 39,995.00 1 FRT-PA Freight Middletown PA 2,576.00 2,576.00 2,576.00 _ 42,571.00 Comments: This quote assumes direct delivery. This quote Includes a charge for liftgate service. This quote is for equipment only. No site work,or Installation is included in this proposal. Please allow 8-10 weeks for product delivery upon order placement. EXHIBIT A(Continued) Summary: Retall Price Discount Net Price Subtotal-KOMPAN Products 52,250.00 12,265.00 39,995.00 0.00 0,00 0.00 Subtotal-Other Products 0.00 0.00 0.00 Subtotal-Surfacing 0.00 0.00 0.00 Subtotal-Installation&Other Services 2,576.00 0.00 2,576.00 Subtotal-Freight - 54,826.60 12,255.00 42,571.00 Subtotal (Applicable sales tax will be added unless avalid tax exemption certificate is 95% provided.This amount is only an estimate of your tax liability.) 4,044,25 Estimated Tax Rate _ - - - - 46,615.25 Total - F cceptance of this proposal consfitulesavalid oNer request and K OMPAN Authorized Signature: s acceptance of terms and conditions contained wihin the Master menp which is hereby acknowledged.Acceptance of this proposal by Accepted By(signature): AN Is acknowledged by Issuance of en order confirmation by an ized KOMPAN representative.Prices in this quotation are good for 60 Accepted By(please print): roposal may be withdrawn If not accireled by 03/17115. Date: KOMPAN produce are"Buy American'qualified,and compliant with the Buy American Act of 1933 and the"Buy American Provision of the ARRA of 2009. i EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: EXHIBIT B (continued) 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. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. 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 insurance requirements of the Contractor before commencement of the work. F. 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. I III GATE(MWDDIYYYY) A ® CERTIFICATE OF LIABILITY INSURANCE 01/23/2a15 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les)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). CONTACT PRODUCER Willis of Beattie, Inc, NAME: FAX PHONE AI0 No:1-888-467-2378 c/o 26 Century Blvd C n E�B1-877-945-7378 P.O. Be. 305191 EMAIL ADDRESS:certLEicateeOwillie.com Nashville, TN 372305191 USA - INSURER(S)AFFORDINGCOVERAGE NAICR INSURERA:ACE American Insurance Com an 22667 29459 INSUREDKompan, Inc. INSURERB:Twin City Fire insurance Cos an 930 Broadway IN$DRERD: Tacoma, rTA 98402 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W748e64 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 1MTH 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 gDeL SUBR POLICYEFF POLICYEXP LIMITS TYPE OF INSURANCE N POLICY NUMBER MMIDD/YYYY MWDDNYY1' J( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 DAMA�RENTEO 100,000 CLAIMS-MADE � OCCUR -PREMISES Ea occurrence $ MED EXP(Any errs arson) $ 51000 Y OGLG24455610 04/01/2014 04/01/2015 PERSONAL B ACV INJURY $ 51000,000 GENERALAGGREGATE $ 51000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRO- PRODUCTS-COMP/OPAGG $ 5,00010D0 POLICY ElJECT LOC $ OTHER: COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea acc denll BODILY INJURY(Per person) $ ANY AUTO ALL DWNED SCHEDULED BODILY INJURY(Per accitlenQ $ AUTOS I OWNED PROPERTY DAMAGE $ HIRED AUTOSOS Per accJd t EACH OCCURRENCE $ UMBRELLA LICCUR AGGREGATE $ EXCESS LIABLAIMS-MADECEO R x WORKERS COMPENSATION FP—EAT—UT TATUTE OTH- AND EMPLOYERS'LIABILITY YIN E.L.EACHACCIDENT $ B ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ MIA 52WECKK1089 11/08/2014 11/08/2015 OandatoMEMBE)EXCLUDED7 E.L.DISEASE-EAEMPLOYE $ (Mandatoryb NH) Dyyes,desa@e under E.L.DISEASE-POLICY LIMIT 8 DESCRIPTION OF OPERATIONS below 1011,,Additional Remarks Suhedule,may be attached if more space is required) DESCRIPTION OF OPERATIONS)LOCATIONS!VEHICLES (ACORD ity of Kent to included as an Additional Insured ae r epecte to General Liability. Explorer Dome play structure for Kent Memorial Park 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. AUTHORIZED REPRESENTATIVE City of Kent / 220 FoustR Avenue south ant, wA 98032 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of SIR IDD 288331 BATCH:6atch 4: 109735 �I P COMMERCIAL GENERAL LIABILITY POLICY NUMBER: OGLG24455610 CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL - SCHEDULED PERSON OR R CONTRACTORS ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization s Locations Of Covered Operations ANY OWNER, LESSEE OR PROVIDED SUCH CONTRACT WAS CONTRACTOR WHOM YOU HAVE EXECUTED PRIOR TO THE DATE OF AGREED TO INCLUDE AS AN LOSS . ADDITIONAL INSURED UNDER A WRITTEN CONTRACT, S. Information re uired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to 'bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for location of the covered operations has been the additional insured(s) at the location(s) completed;or designated above. 2. That portion of 'your work" out of which the However: injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured principal as a part of the same project. is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 Insured Copy C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 Insured Copy REQUEST FOR MAYOR'S SIGNATURE T Please Fill in All Applicable Boxes . Ca Reviewed by Director Originator's Name: Lynn Osborn Dept/Div. c Parks Plannin Development Extension: x5111 Date Sent: 2/17/15 Date Required: Soonest possible please Return to: Lynn Osborn CONTPACT TERMINATION DATE: 9/30/15 VENDOR: KOMPAN Inc. DATE OF COUNCIL APPROVAL: 2/3/15 ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: A Goods & Services Agreement in the amount of $46,615,25, for the purchase of an Explorer Domel play structure for Kent Memorial Playground. Procurement for this agreement was facilitated via the U.S. Communities Cooperative Purchasing Agreement. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: , r Approval of Law Dept.: ' } Y i Law Dept. Comments: t vIr Date Forwarded to Mayor: - Shaded Areas To Be Completed By Administration Staff Received: _ Recommendations and Comments: r Disposition.' "' /5 r _. t` y Date Returned: