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HomeMy WebLinkAboutPW15-255 - Original - Leader Manufacturing, Inc. - Supply 12 Street Cans - 07/24/2015 � Records M,asaee �n , KENT WA9HINGTON Document }try' i f i CONTRACT COVER SHEET I 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: Leader Manufacturing, Inc. Vendor Number: JD Edwards Number pp Contract Number: f)yy1 - L This is assigned by City Clerk's Office Project Name: Street Cans Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Date�llyDP'S signature Termination Date: 8/31/15 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Gina Hungerford Department: Engineering Contract Amount: $14,917.19 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): The vendor shall supply 12 street cans. As of: 08/27/14 0 KENT GOODS & SERVICES AGREEMENT between the City of Kent and Leader Manufacturing, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Leader Manufacturing, Inc. organized under the laws of the State of Washington, located and doing business at 1540 Leader International Dr., Port Orchard, WA 98367, Phone: 1 (800) 635-8188/Fax: (360) 895-1284, Contact: Bill Whitcomb (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: The Vendor shall supply 12 street cans that have been identified by City crews as needing to be replaced. A copy of the Vendor's invoice is attached as Exhibit A and incorporated by this reference. 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. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by August 31, 2015, III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fourteen Thousand, Nine Hundred Seventeen Dollars and nineteen cents ($14,917.19), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: The Vendor shall be paid after execution of this agreement. 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. GOODS & SERVICES AGREEMENT - 1 ($20,000 or Less, Incl, WSST) 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. 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. Howvecf�tkie.{aa.rGs-aeto , agree- ttae.�i14_dekerrrasae kJi®._egita.bl r � w 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 GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including WSST) 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 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 GOODS & SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally 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 promptly correct all defects In workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to 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. GOODS & SERVICES AGREEMENT - 4 ($20,000 or Less, including WSST) i 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. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.50 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 - 5 ($20,000 or Less, including INSST) I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. CityBusiness License Required. Promote c� e i g--the tasl�s des lbcd �®etie+�- I CQatra6t"-agF�e&-ta-Ia OVd -pFF9Af- -al-EkA l'-r@n���fd��f---�f•-{f.BRt--bk}SI F7$ 5•-AFC rt�_�.nVz, P, the4<,a}t-Ok ede. K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received In person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. VENDOR: CITY OF KF-N / (sig, ure) !' (signature) Print Name: /Print Nae: Suzette Cooke Its. KkI. A rlthrc�c;a.r Mayor (title) r ', DATE:. _ il DATE: 5' 'S / r'f NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: l VENDOR: CITY OF KENT: Bill Whitcomb Timothy J. LaPorte, P.E. Leader Manufacturing, Inc. City of Kent 1540 Leader International Dr. 220 Fourth Avenue South Port Orchard, WA 98367 Kent, WA 98032 1 (800) 635-8188 (telephone) (253) 856-5500 (telephone) (360) 895-1284 (facsimile) (253) 856-6500 (facsimile) deader Manufacturing-Street Cans/Hungerford GOODS & SERVICES AGREEMENT 6 ($20,000 or Less, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: Title: e ;� { fir Date: t\ , 1i EEO COMPLIANCE DOCUMENTS - I 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. EEO COMPLIANCE DOCUMENTS - 2 of 3 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 ofr 1 tgc 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: 0 E Title: ��' I Date: .� 1Cd� i EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A � F�lll' 8rl.f�lCt' "fit a Cstra Designs" f kD TOW 15/15 .S(W f4w,W1ingx 1.Aruatu�r¢x" („ ! Leader divisions Number 063862 1540 Leader International Drive rson i 1, i�i1T� j-Cc�T Port Orchard, WA 98367 er POD, 1z282 1-800 635-8188 - 360-895 1184 — FAX: 360-895-1284 OAK HARBOR fREIGHT te 06/15/15 T^ Sold To: 6607002 Ship To: CITY OF KENT PUBLIC WORKS CITY OF KENT ATTN: ACCOUNTS PAYADLE PUBLIC WORKS 220-4th AVE. SOUTH 6821 S, 240th STREET RENT, WA 98U32 KENT,WA 98032' ATTN:TOM @ 253-856-5673 >,' ' F fe.� VS✓ ' '+5:r, 4+ arrfSN�'I�k�fl'a1 ' h '1. m a f..1 t� tFSB �tr 'P'3u'F�"��T�"y5 f.l��t �'R`b�, —=(l rdCRtY,if?��_S�nL)s?�G� Pkc�v.. 1pti n z �-�, .��>�'�s�r•, s;�h���+Y,�w•�.8.�0.,.,s „UnR�+�c�Aanot�nt,.. I 12 TR-12 HINGED TOP W/DOME 12 q 1053,00 12g30A0 STEEL STRAP FLARED RECEPTACLE,HINOM TOP WITH DOME,�30 GALLON STEEL LINER 1 DOLOR-UN FOREST GREEN WNNDERCOAT 1 0 602.00 002.00 POWDER COATED FOREST CREEN WITH ZINC RICH UNDERCOAT 1 FREIGHT01 SHIPPING COSTS 1 0 385,00 $85.00 'DOES NOT INCLUDE UNLOADING AT DELIVERY. f THANK YOU FOR YOUR ORDERII17 F Cr P l , a � I ?if 1. Discounts 0.00 Sales Tax 1204,19 Total lnvofc8 14917,19v' .�� :ix ���i,n,.f,,tr�� fy -�.,�, ;�.. o .F �'t`< �•( :j� i:z � ff.,_i'4 ,, e �`z.�.. '�W->._ 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. 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 $1,000,000 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: 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. EXHIBIT B (Continued) 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 LEADE-3 OP ID: HH ACORO` CERTIFICATE OF LIABILITY INSURANCE GATE1 VYVI � 07/1 712 120 01 5 THIS CERTIFICATE 15 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 pollcy(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 Ileu Of such endorsement(s). PRODUCER NAMEACT Peggy Foote,ACSR,AAI Tyylor-Thomason Ins, Brokers PHONE 253-284 79_2.6 _ II/XC Nl 253-284-7901 341 South 19th Street ANC,No Fxn• --- 7187 EMAI P.O. Box L b.net Tacoma,WA 98417 AooaEss:Peg9YF@tti Tom Taylor,Jr.CPCU,ARM,AAI INSURERIS)AFFORDING COVERAGE NAIL k_ _ _ INSURER A:Mutual of_Enum_ claw 14761 _ INSURED Leaderinternational-Corp. INSURER B: Differential Engergy Global Ltd,FairWaather Site _INSURER C: _ Furnishings INSURER Cathy Flaherty - - - - 1540 Leader International Dr INSURER E: Port Orchard,WA 96367 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _ DD- UDR POLICY EFF ''; POLICV E%P CTa TYPE OF INSURANCE I SO POLICY NUMBER MMIDD YY V MMIODIYVYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-WADEI occuH 'GPPOO11690 07/0712015 07/0712016 _DTVADE 0WNTFo PREMISES Ea occurrence $ 300,000 WED EXP(Any one person) $ 10,000 PERSONAL d ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALA_GGREGATE $ _ 2,000,000 PRO- LOC PRODUCTS-COMPlOP AGE S )t POLICY❑JECT -._ 2,000,000 Emp Ben. $ 1,000,000 OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY [AGGREGATE Z $ r person) $ ANY AUTOALL OWNED SCHEDULED r accldenq $ AUTOS AUTOS EHIREDAUTOS AUTOSWNED 5 5 UMBRELLA LIABftl CCUR •� H OCCURRENCE $ EXCESS HASIA I MS-MADE DIED RETENTION$ WORPER $ OTH- HERS COMPENSATION iSTATUTE I ER AND _ AND EMPLOYERS'LIABILITY YIN ANVPROPRETOR/PARTNFRINERIEXECUTIVE E.L.EACH ACCIDENT _ 5 OFFICER r,in N EXCLUDEDv N 1 A (Mandatory In NH) E L.DISEASE-EA EMPLOYE $ If yes,desoriha under E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS Wow DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES IACGRD tilt,Atltlitlonal Remarks Schedule,may he attechetl I!maro space is raqulretll For Evidence of insurance only. CERTIFICATE HOLD ER 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. Evidence of insurance AUTHORIZED REPRESENTATIVE IL- ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Yoshitalce, Nancy From: White, Tammy Sent: Tuesday, June 30, 2015 3:57 PM To: Peterson, Kelly Cc: Komoto, Kim; Yoshitake, Nancy Subject: Purchase Question - Ratification Kelly, Kim just talked to me briefly about a contracting question you had. I don't know all of the specifics, but under the City's new procurement and contracting ordinance, Tim LaPorte as the Department Director has full discretion for all purchases of $20,000 or less, (If it's a public works project, which it doesn't sound like it is, Tim's discretion is $40,000 for single craft/trade and $65,000 if more than one craft/trade). Tim can elect what competitive bidding process, if any, he would like to utilize and he can decide whether he wishes to make that purchase through a credit card, purchase order, invoice, contract, or some other purchasing process. It sounds as though there is a recent purchase that was made around $14,000 +/-, From my limited understanding of the facts and circumstances, it sounds as though the purchase complied with current policy, so long as Tim approved it. If the purchase happened to have been made before the new ordinance took effect—June 18th—then the Mayor had full discretion for any purchases below $25,000. In that event, the purchase would have complied with policy if the Mayor approved it. Depending upon which situation applies, the person who had the purchasing authority (Tim or the Mayor) could ratify any prior acts that were taken within that authority's discretion. You could obtain that ratification through a discussion and a confirming email if you would like to dot the I's and cross the T's. Does this help answer your question? Tammy White, assistant City Attorney Civil Division I Law Department 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 1 Fax 253-856-6770 twhite@KentWA aov CITY OF KENT, WASHINGTON KentWA.gov Facebook YouTube Pu=A. E COWMILP It t avI:?IO MIEN 3 " , l vino s, r n n.hzi_ THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. I 1 i PUBLIC WORKS DEPARTMENT Tim LaPorte, P.E., Public Works Director Phone: 253-856-5500 Fax: 253-856-6500 ® Address: 220 Fourth Avenue S. T Kent, WA 96032-5895 IIW AAA.111.1 TT O N Date: July 13, 2015 To: File From: Kelly Peterson Through: Chad Bieren Copy: . Regarding: Contract to purchase street cans In the spring of 2015, PW Operations crews identified a number of city-owned street cans that needed to be repaired or replaced. As a result, crews contacted Engineering for approval to purchase new street cans and parts. Approval was granted. An invoice in the amount of $14,917.19 was received by the city for the cans. At the time, this exceeded the amount that required a contract per city policies. Over the past 8 years, the City has not made a street can purchase that exceeded the $10,000 threshold, which would require a contract. When approval to purchase was given, it was assumed PW Operations folks would secure a contract, and at that time, PW Operations staff assumed Engineering staff secured a contract. To avoid this issue from occurring in the future, Engineering staff will approve contracts generated by PW Operations to ensure procurement policies are followed. The cans were purchased from Fairweather Bench Company in Port Orchard as required by the 2009 Design and Construction Standards. i Yoshitalce, Nancy From: Hills, Chris Sent: Tuesday, July 21, 2015 9:13 AM To: Yoshitake, Nancy Subject: RE: City Receptacles - PO #122824 1 would say, that for this particular case, this will be fine. Additional Insured will be easier to get when it's requested before the fact, rather than after like this, so we can let it slide here.,. Also, not probably the biggest risk purchase we've ever made. Thanks for checking, Nancy. From: Yoshitake, Nancy Sent: Tuesday, July 21, 2015 9:10 AM To: Hills, Chris Subject: FW: City Receptacles - PO #122824 Hi Chris, I received the certificate of insurance from the vendor that Kelly discussed with you this morning. I sent a request for the endorsement, and received the response below. How should I handle? Thanks for your help, Nancy From: Sandra Bolton [mailto;skboltonRc theleader.com] Sent: Tuesday, July 21, 2015 9:06 AM To: Yoshitake, Nancy Subject: RE: City Receptacles - PO #122824 Nancy, I explained to Kelly that we are not on site and we could only provide our standard policy. We don't list others as additional insured for this reason. Kelly said the standard policy was fine earlier. Did I misunderstand him? Thank youll Sandra Boltml Fair Weather Site Furnishings division of Leader Mangfacturing, Inc. 1540 Leader International Drive Port Orchard, WA 98367 Phone 41-800-323-1798 Fax #1-360-895-1284 wrovfv fairweather'sfeom From:Yoshitake, Nancy [mailto:NYoshitake@kentwa.govl Sent:Tuesday,July 21, 2015 8:55 AM 1 To: 'Sandra Bolton' Subject: RE: City Receptacles— PO 4122824 Thanks Sandra for the certificate of insurance. I also need to request a copy of the endorsement which names the City of Kent as an additional insured, per C.3. of the insurance requirements. Thank you, Nancy Nancy Yoshitake, Contract Specialist Engineering Administration I Public Works Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5508 I Fax 253-856-6500 NYosh ltake@kentwa.uov CITY OF KENT, WASHINGTON KentWA.gov Facebook € .. YouTube F'L€A (.nNb,IUck TI II PNVTPW1'ML NI I;U r OVZ 4""INC Tk CS tN Is L-NAIL l From: Sandra Bolton [mailto;skbolton(aDtheleadei_.com] Sent: Tuesday, July 21, 2015 8:31 AM To: Yoshitake, Nancy Subject: RE: City Receptacles - PO #122824 Hi Nancy, See attached our standard Certificate of Insurance for your records. Anne is still reviewing the agreement but will mail that back to your attention as soon as possible. Thanlf you!! Sandra Bolton FairYVeather Site Furnishings division ofLeader Manufacturing, Inc. 1540 Leader International Drive Port Orchard, VVA 98367 Phone 41-800-323-1798 Far #1-360-895-1284 wwJF fairivealher'sfcorn From: Sandra Bolton [mailto skbolton@theleader.comj Sent: Monday,July 20, 2015 2:15 PM To: 'Rusbuldt, Tom' Cc: 'nyoshital<e@kentwa.gov' Subject: RE: City Receptacles— PO #122824 Hi Tom, As you know we shipped your order of 12 trash cans on 6/15/15 and the payment was due on 7/15/15. We are just now receiving a Goods & Services Agreement that needs to be executed before payment can be made. We have never received one of these for any of the previous orders so I'm not sure if this was sent in error or if this is something that the City will require for all orders from now on. If so we will require these executed and returned to us prior to fabrication of any future order. 2 i Will you please look into this and let me know if this will be required prior to payment of the current invoice 963862 —PO #122824. Thanlr youll Sandra Bolton Fair Weather Site Furnishings division of Leader Manz facturing, Inc. 1540 Leader International Drive Port Orchard, WA 98367 Phone 41-800-323-1798 Fax '#1-360-895-1284 wwrv.f irweathersfcorn From: Rusbuldt,Tom [mailto TRusbuldt@kentwa.Bov) Sent: Friday, April 24, 2015 7:42 AM To: 'Sandra Bolton' Subject: RE: City Receptacles Thanks From: Sandra Bolton [mailto;skboltonCdthel_eader.com] Sent: Thursday, April 23, 2015 3:16 PM To: Rusbuldt, Tom Cc: 'Bill'; 'Sarah Conner' Subject: RE: City Receptacles Hi Tom, See attached purchase agreement for your review. Please sign and fax or e-mail back to confirm all information, including ship to address. I will notify you when these are ready to ship. If you have any questions just let us know. Thank you for the ordetll Sandra Bolton FairWeather Site furnishings division of Leader Manufacturing, Inc. 1540 Leader International Drive Port Orchard, 14�4 98367 Phone #1-800-323-1798 Fax 91-360-895-1284 wwtiv air°r-veathcrsfcorrr i I From: Sarah Conner [mailto:sarah@theleader.com] Sent:Thursday, April 23, 2015 2:22 PM To: 'Rusbuldt, Tom' Cc: Bill; Sandra Subject: RE: City Receptacles 3 I Thank you!! Sandra will have order paperwork to you as soon as she can. Sarah Conner From: Rusbuldt, Tom [mailto:TRusbuldt@I(entWa.Rov] Sent:Thursday, April 23, 2015 2:19 PM To: 'Sarah Conner' Subject: RE: City Receptacles Hi, Sarah Here is the PO 122824 From: Sarah Conner [mailto:sarah@theleader,com] Sent: Thursday, April 23, 2015 10:24 AM To: Rusbuldt, Tom Cc: Bill Subject: City Receptacles Hi Tom, Attached is your quote. Let us know if you have any questions or need anything else. Thank you!! Sarah Conner for Bill Whitcomb Sales Executive Leader Manufacturing, Inc. Fairweather Site Furnishings & Cara Designs 1540 Leader International Drive Port Orchard, WA 98367 Phone: 360-895-2626 / 800-323-1798 Fax: 360--895-1284 E-mail: sarah(o)-theleader.com Website: www.fairweathersf.com Website: www.caradesigns.com 4 i REQUEST FOR MAYOR'S SIGNATURE 4. T ^ill'2 ,1, 'Routing Information;(ALL REQUESTS MUST FIRST BE(ROUTED THROUGH THE LAW DEPARTMfz1'T) r. Approved by Di (r`e_oo L Ori inator: Gina"Hungerfocd Phone (Originator): 5549 f ' Date Sent: A)3 16 Date Required: Return'Si ned Document to: NancyYosnnake Contract Termination Date:8/31/15; VENDOR NAME: Date Finance Notified: Leader Manufacturing, Inc. (Only required on contracts 7113/15 10 000 and over or on any Grant) DATE OF COUNCIL APPROVAL: Date Risk Manager Notified':N/A N/A Re aired on:Non City Standard Contracts/A reements Has this Document been;Specificall Account Number: I0005240i63500.7; Authorized in the Bud et? s YES NO Brief Explanation of Document: The attached agreement Is to purchase 12 street cans that have been identified as needing to be replaced, For an explanation, see the attached memo from Kelly,Peterson. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) r i '.Received; ,y! t„".•" r Approval of Law Dept.: Nil'4111k Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received`: Recommendations and Comments: w f iF asp -RF `�s�JliHF✓i �A—� l. < f Disposition; > x ? W Date Returned; -- a10i•�Fi= �.Pmts �+yu suo noaya,. vein=�a*