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PK15-311 - Original - Northwest Playground Equipment, Inc - Contract - 9/2/15
i' j aq 1 ® s. . i ;rIfE K NT Document WASHINOTON CONTRACT COVER SWEET 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: N(}Y�4��1{�§ Vendor Number.- JD Edwards y tNutmber 4 q Contract Number: 4' N15—%J 4 $ This is assigned by City Clerk's Office Project Name: 0- 0 nit- TMOUS by\ Vnyfou-s PQrK.5 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment Contract ❑ Other: Contract Effective Date: Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: • 05VJYV-� Department.- Contract Amount: ` ')C1 I . `fir Approval Authority: ❑ Department Director BMayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): I adccW10877 8 14 e KEPT GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Playground Equipment, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Playground Equipment organized under the laws of the State of Washington, located and doing business at 345 NW Dogwood Street, Issaquah, WA 98027; (425) 313- 9161 (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, attached: Manufacture and ship twelve (12) 47-square, 4-seated, outdoor picnic tables, Item #76- 44PL/S-1, per Quote #5/6/15-MCG-2. li 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 within 60-days of final signature. 75 7�, JA ;- III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $28,915.88 (Twenty-eight Thousand, Nine Hundred Fifteen Dollars and Eighty-eight Cents), 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: Vendor will submit a single invoice. "Item III. Compensation" reflects pricing as per the King County Directors' Association (KCDA) Intergovernmental Cooperative Purchasing Agreement. i i GOODS &SERVICES AGREEMENT - 1 (Over$20,000, including WSST) 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. 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 GOODS &SERVICES AGREEMENT- 2 (Over$20,000, including WSST) I 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 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. i GOODS &SERVICES AGREEMENT - 3 (Over$20,000, including WSST) i 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. 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) 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. 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. GOODS &SERVICES AGREEMENT- 5 (Over$20,000, including WSST) 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. 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 and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. 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. 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. 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 KENT: r` X7 By: y/f t{ < �� By: y G {`s (signature) ' ! (signature) Print Name s _ Print Nam :i' zette Cooke Its — May—orb (title) DATE: i i = DATE: • S I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Chris McGarvey Brian Levenhagen Northwest Playground Equipment, Inc. City of Kent P.O. Box 2410 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 (425) 313-9161 (telephone) (253) 856-5116 (telephone) (425) 313-9194 (facsimile) (253) 856-6050 (facsimile) chris(c�nwplavground.com bjlevenhagen@kentwa.gov APPROVED AS TO RM Kent Law Department P:\Planning\Life Cycle\2015 Picnic I' bles\Plrnio fables-NW Playground Eymt-CLON IMC LUo. GOODS & SERVICES AGREEMENT - 6 (Over$20,000, 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: i p 0 Title: ! 'es ✓ � Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT 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. i i I 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 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: Fo r: I Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBITA Northwest Playground Equipment, Tnc. -' PO Box 2410,Issaquah,WA 98027-0109 Phone(425)313-9161 PAX(425)313-9194 Email:safes(d)nwptayground.com QUOTE quote tR 5015-MCG-2 To: City of Kent-DuMor Site Furnsihings Date: 5/6/2015 Contact Name: Phone: Email: Fax: Item if City Description Price Total Price EQUIPMENT II, 76-44PL/S-1 12 47"SQ PED TABLE,4 STS,EMBED,4X4 PL $2,120.00 $ 25,440.00 III i i "KCDA Contract Pricing for 2015-16 Equipment Subtotal $ 25,440.00 Discount KCDA 10.00% $ (2,544.00) -o2�j��j6160 Freight $ 3,511.20 j Equipment Total(less tax) $ 26,407.20 INSTALLATION Not included. $ - Performance Bond $ Credit card fee 0 Payment by Credit Card? CC Fee: 3.0% Performance Bond: Location Code: Tax: 9.5% $ 2,508.68 ORDER TOTAL: $ 26,915.88 All quotes are subject to malarial and fuel surcharges. Acceptance of Proposal: (Please be sure you have read, signed,Initialed and understand the Terms and Conditions on Page 2 of this Quote) j The items,prices and conditions listed herein are satisfactory and are hereby accepted. Sales Associate Customer Signature Date Thank you for considering Northwest Playground Equipment,Inc. for your Park,Playground, Shelter and Sports Equipment requirements. I I i PAGE 1 of 2 Revised 8124111 i EXHIBIT A(Continued) t� Northwest Playground Equipment,Inc. PO Bee 2,4I0,Tssaquah,WA 99027-0109 Phone(425)313-9161 FAX(425)313-9194 j Emait:sales&wplaygmund.com Project Namo: City of Kent-DuMor Site Fumsihings Quote 9 TERMS AND CONDITIONS QUOTE CONDITIONS AND ACCEPTANCE: This quote is only valid for 30 days. Orders placed or requested for delivery after 30 days are subject to price increases. (Pis Inillal)It is the Buyer's responsibility to verify quantities and description of Items quoted. Once your order has been placed,any changes Including additions,deletions or color changes,will delay your shipment. I, EXCLUSIONS;Unless specified,this quote specifically excludes all of the following: Required Permits;Davis Bacon, Certified Payroll or Prevailing Wage fees Performance/Payment Bonds Site work and landscaping Removal of existing equipment Unloading;Receiving of Inventory or equipment;Storage of equipment Equipment assembly softer installation Safety surfacing;Borders or drainage requirements FREIGHTAND DELIVERY: Shipping is FOB Origin,A 24-hr Call Ahead Is available at additional cost. Delivery is currently 5+weeks after order submittal.Unless otherwise noted,all equipment is delivered unassembled. (Pis Initial)Buyer is responsible to meet and provide a minimum of 2 persons to unload truck A Cheek List,detailing all items shipped,will be mailed to you and a copy will be included Wth the shipment. Buyer is responsible for ensuring the Sales Order and Item Numbers on all boxes and pieces match the Check List. (Pis Initial)Shortages or damages must be noted on the driver's delivery receipt.Shortages or damages not noted bee the buyers financial responsibility. Damaged Freight must be refused.Please notify Norlhwest Playground Equipment Immediately of any damages. Shortages and Concealed Damage must be reported to Northwest Playground Equipment within 10 days of delivery. A reconsignment fee will be charged for any changes made to delivery address after order has been placed. TAXES: All orders delivering in Washington are subject to applicable sales tax unless a tax exemption or Reaction Permit Is on file at the time the order Is placed. j PAYMENT TERMS:An approved Credit Apppllcation is r trod for new customers.50%down payment is due at time of order with balance due upon delivery,unless art arc di terms have been approved, Interest may be charged on past due balances at an annual rate of 18°h. A'P°°-ch�will added to all credit card orders. RESTOCKING:Items canceled,returned or refused will be subject to a minimum 25%restocking fee.All return freight charges are the responsibility of the Buyer. MAINTENANCE!WARRANTY: Manufacturer's standard product warranties apply and cover equipment replacement and freight costs only;labor is not included. Northwest Playground Equipment offers no additional warranties. Maintenance of the equipment and safety surfacing is the responsibility of the customer. Any unauthorized alterations or modifications to the equipment(including layout)wilt void your warranty. INSTALLATION:(if applicable) // A private locate servi� far underground utlliti�Emust be completed before your scheduled Installation. Site must be level and fro of lease debris5t( s includes ground covertchlps). - A minimum 6 foot opening 'th good a Cess must be available to the site for delivery trucks and tractor. An onsite dumpeter must be p vid,J9 for disposal of packaging materials. Arrangements must be made in %vanes for the disposal of dirt/rocks from within the Installation area. Arrangements must be made ad�apce far the removaltdlsposal of existing equipment. Additional charges may apply if larye r3c�s or concrete are found beneath the surface. - Access to power and w ter must be avail,Bie� Site supervision is gpXcl in 8-hour days. d Acceptance of Terms& Conditions Acceptance of this pioposai,made by an authorized agent of your company,indicates agreement to the above terms and condMions. Sales Associate Customer Signature Date Thank you for choosing Northwest Playground Equipment PAGE 2 of 2 Revl.od 8124/11 I 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 $2,000,006 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: i EXHIBIT B (Continued) I. 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. I 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 ® CERTIFICATE OF LIABILITY INSURANCE DA7/31/2015 TE DD YYYY) ��® 7/31 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Nick Ghaffari CHOICE Insurance, LLC 8 PHONE FAX 1715 Market Street Suite 100 (425) 739-6565 .__ AIC No:(425) 739-9955 Suite 100 EMAIL ADDRESS: ServiceCL@choiceinsurance.net Kirkland WA 98033 - INSURER S AFFORDING COVERAGE NAIC# INSURERA:Western National Assurance 24465 INSURED (aas) asa-Biel INSURER B: Northwest Playground Equipment Inc Play Safe Construction, Ina. INSURER C: PO Box 241D INSURER D: Issaquah WA 98027 INSURER E: _ INSURER F: COVERAGES CERTIFICATE NUMBER:Cart ID 8717 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER - POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDONYYY MMIDDMYY GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 DAMAGE TO RENTED A X COMMERCIAL GENERAL LIABILITY y Y CPP 1037280 ,{ 3/1/2015 3/l/2016 PREMISES En occurrence $ 100,000 CLAIMS-MADE F_X1 OCCUR MED EXP(Any one person) $ _ 5,000 PERSONAL&ADV INJURY $ 1,000,000 'i GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC EPL $ 3.00,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 A ANYAUTO CPP 1037051 3/1/2015 3/1/2016 BODILY INJURY(Per person) $ ALL OWNED lx SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOSAUTOS Per accident A X UMBRELLA LIAR X OCCUR UMB 1006108 3/l/2015 3/1/2016 EACH OCCURRENCE $ 5,000,000 _ EXCESS LIAR CLAIMS MADE AGGREGATE _ _ $ 5,000,000 DED X I RETENTION$ 10,000 $ WORKERS COMPENSATION WC STATU- X OTH- A AND EMPLOYERS'LIABILITY YIN CPP 1037280 3/1/2015 3/1/2016 ANY PROPRIETORIPARTNERIEXECUTIVE❑ NIA WA State Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 11000,000 Ifyes,dePTION OF OPERATIONS Below s,Hlmimder DESCRI E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Property - BPP CPP 1037280 3/1/2015 3/l/2016 Deductible $1,000 $ 128,750 A Property - Inland Marine CPP 1037423 3/1/2015 3/l/2016 InstallaFloatertion$1,000 $ 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Certificate Holder is included as Additional Insureds with respect to work performed by or on behalf of the Named Insured and coverage is Primary & Non-Contributory per Endorsement WNGL49. Waiver of Subrogation included per Endorsement WNGL39. Completed operations wording included per Form WNGL50. Additional Insured shall apply by written contract and/or agreement CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent L, 220 4th Avenue South AUTTH]ORRIZZEDD REPRESENTATIVE Kent WA 98032 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 0— 1 ,.a 1 WIN GL 39 03 10 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability Non Owned Watercraft Up To 50 Feet...................................................................................2 Property Damage Liability • Elevators.................................................................................................................................3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception.,........................ .........................3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence..................................................................................3 Supplementary Payments—Amended • Bail Bonds Up To$5,000........................................................................................................3 • Loss of Earnings Up To$500/Day .........................................................................................3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee............................................................................4 • Newly Formed Or Acquired Organizations For Up To 180 Days............................................4 • Blanket Additional Insured—Vendors—As Required By Contract.........................................4 • Blanket Additional Insured— Lessor Of Leased Equipment...................................................5 • Blanket Additional Insured—Managers Or Lessors Of Premises ..........................................5 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations...........................................................5 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision— Permits Or Authorizations Relating To Premises........................5 Damage To Premises Rented To You — $300,000............................................................................5 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations..........................6 Conditions • Knowledge of Accident, Claim, Suit Or Loss Amended..........................................................6 • Unintentional Failure To Disclose Hazards.............................................................................6 • Waiver of Subrogation.............................................................................................................6 Bodily Injury Redefined To Include Mental Anguish............................................................................6 InsuredContract Amended..................................................................................................................6 Personal And Advertising Injury Redefined Televised, Videotaped Or Electronic Publication....................................................................6 WIN GL 39 03 10 Includes copyrighted material of Insurance services Office,with its permission Page 1 of 6 l WN GL 39 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I —COVERAGES AMENDMENTS (5) "Bodily injury" or "property damage" arising out of: COVERAGE A — BODILY INJURY AND PROPERTY j DAMAGE LIABILITY (a) The operation of machinery or equip- ment that is attached to, or part of, a A. Non Owned Aircraft Or Watercraft land vehicle that would qualify under the Item 2. Exclusions, Paragraph g. is replaced by the definition of"mobile equipment" if it were following: not subject to a compulsory or financial g. Aircraft,Auto Or Watercraft responsibility law or other motor vehicle insurance law in the state where it is "Bodily injury" or "property damage' arising out licensed or principally garaged; or of the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- (b) The operation of any of the machinery craft owned or operated by or rented or loaned or equipment listed in Paragraph f.nition of "mobile to any insured. Use includes operation and or f. (3) of the defile "loading or unloading". equipment". This exclusion applies even if the claims against B. Damage To Property Coverage Extensions any insured allege negligence or other wrong- Item 2. Exclusions, Paragraph I. is replaced by the doing in the supervision, hiring, employment, following: training or monitoring of others by that insured, if j, Damage To Property the"occurrence"which caused the "bodily injury" or "property damage" involved in the ownership, "Property damage" to: maintenance, use or entrustment to others of (1) Property you own, rent, or occupy, including any aircraft, "auto" or watercraft that is owned or any costs or expenses incurred by you, or operated by or rented or loaned to any insured. any other person, organization or entity, for This exclusion does not apply to: repair, replacement, enhancement, restora- tion( or maintenance of such property for any 1) Awatercraft while ashore on premises you reason, including prevention of injury to a own or rent; person or damage to another's property; (2) A watercraft you do not own that is: (2) Premises you sell, give away or abandon, if (a) Less than 50 feet long; and the "property damage" arises out of any part (b) Not being used to carry persons or prop- of those premises; arty for a charge; (3) Property loaned to you; This Subparagraph (2) applies to any per- (4) Personal property in the care, custody or son, who with your expressed or implied control of the insured; consent, either uses or is responsible for the (5) That particular part of real property on which use of the watercraft; you or any contractors or subcontractors (3) Parking an "auto" on, or on the ways next to, working directly or indirectly on your behalf premises you own or rent, provided the are performing operations, if the "property "auto" is not owned by or rented or loaned to damage" arises out of those operations; or you or the insured; (6) That particular part of any property that must (4) Liability assumed under any "insured con- be restored, repaired or replaced because tract" for the ownership, maintenance or use "your work"was incorrectly performed on it. of aircraft or watercraft; or WN GL 39 03 10 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 6 WN GL 39 0310 Paragraphs (1), (3) and (4) of this exclusion do not C. Damage To Premises Rented To You apply to "property damage" (other than damage by Item 2. Exclusions, the last paragraph is replaced fire, lightning, explosion or sprinkler leakage) to by the following: premises, including the contents of such premises, Exclusions c. through n. do not apply to damage by rented to you for a period of 7 or fewer consecutive fire, lightning, explosion or sprinkler leakage to days. A separate limit of insurance applies to Dam- premises while rented to you or temporarily occupied age To Premises Rented To You as described in by you with permission of the owner. A separate SECTION III — LIMITS OF INSURANCE. However, limit of insurance applies to this coverage as de- the provisions of this paragraph do not apply if cov- scribed in Paragraph 6. of SECTION III—LIMITS OF erage for Damage To Premises Rented To You is INSURANCE. excluded by endorsement. Paragraph (2) of this exclusion does not apply if the COVERAGE B — PERSONAL AND ADVERTISING premises are "your work" and were never occupied, INJURY LIABILITY rented or held for rental by you. D. Personal And Advertising Injury Paragraphs (3) and (4) of this exclusion do not apply Item 2. Exclusions is amended by replacing Sub- to the use of elevators. paragraphs b. and c.with the following: Paragraphs (3), (4), (5) and (6) of this exclusion do b. Material Published With Knowledge Of not apply to liability assumed under a sidetrack Falsity agreement. Paragraph (4) of this exclusion does not apply to "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic "property damage" to borrowed equipment while not publication of material, if done by or at the direc- being used to perform operations at the jobsite. tion of the insured with knowledge of its falsity. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we c. Material Published Prior To Policy Period will pay for"property damage" under this provision: "Personal and advertising injury" arising out of (1) $25,000 any one "occurrence", regardless of the oral, written, televised, videotaped or electronic number of persons or organizations who sustain publication of material whose first publication damages because of that"occurrence"; took place before the beginning of the policy pe- riod. (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of SUPPLEMENTARY PAYMENTS — COVERAGES A $2,500 as a result of any one "occurrence", re- AND B gardless of the number of persons or organiza- E. Supplementary Payments—Coverages A and B tions who sustain damages because of that "oc- Item 1. is amended by replacing Subparagraphs b. currence". We may, or if required by law, pay all and d. with the following: or any part of any deductible amount, if applica- ble, to effect settlement of any claim or "suit". b. Up to $5,000 for cost of bail bonds required be- Upon notice of our payment of a deductible cause of accidents or traffic law violations aris- amount, you shall promptly reimburse us for the ing out of the use of any vehicle to which the part of the deductible amount we paid. Bodily Injury Liability Coverage applies. We do Paragraph (6) of this exclusion does not apply to not have to furnish these bonds. "property damage" included in the "products-com- d. All reasonable expenses incurred by the insured plated operations hazard". at our request to assist us in the investigation or The insurance provided for "property damage" from defense of the claim or "suit", including actual the use of elevators and for "property damage" to loss of earnings up to $500 a day because of borrowed equipment is excess over any other valid time off from work. and collectible property insurance (including any de- ductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. WN GL 39 03 10 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 6 WN GL 39 0310 SECTION II—WHO IS AN INSURED AMENDMENTS d. Repackaging, except when unpacked solely A. Employee Bodily Injury To A Co-Employee for the purpose of inspection, demonstration, testing, or the substitution of parts under in- Paragraph 2. a. (1) is replaced by the following: structions from the manufacturer, and then (1) "Bodily injury" or "personal and advertising repackaged in the original container; injury": e. Any failure to make such inspections, adjust- (a) To you, to your partners or members (if you ments, tests or servicing as the vendor has are a partnership or joint venture), to your agreed to make or normally undertakes to members (if you are a limited liability com- make in the usual course of business, in pany), or to your other "volunteer workers" connection with the distribution or sale of the while performing duties related to the con- products; duct of your business; f. Demonstration, installation, servicing or re- (b) For which there is any obligation to share pair operations, except such operations damages with or repay someone else who performed at the vendor's premises in con- must pay damages because of the injury nection with the sale of the product; described in Paragraph (1) (a) above; or g. Products which, after distribution or sale by (c) Arising out of his or her providing or failing to you, have been labeled or relabeled or used provide professional health care services. as a container, part or ingredient of any B. Newly Acquired Organizations other thing or substance by or for the ven- dor; or Paragraph 3. a. is replaced by the following: h. "Bodily injury or "property damage" arising a. Coverage under this provision is afforded only out of the sole negligence of the vendor for until the 1801h day after you acquire or form the its own acts or omissions or those of its em- organization or the end of the policy period, ployees or anyone else acting on its behalf. whichever is earlier; However, this exclusion does not apply to: The following are added: (1) The exceptions contained in Subpara- C. Blanket Additional Insured — Vendors — As Re- graphs d. or f.; or quired By Contract (2) Such inspections, adjustments, tests or Section II — Who Is An Insured is amended to in- servicing as the vendor has agreed to clude as an additional insured any person(s) or or- make or normally undertakes to make in ganization(s) (referred to below as vendor) with the usual course of business, in con- whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional insured, the products. but only with respect to "bodily injury" or "property 2. This Provision C. does not apply: damage" arising out of "your products" which are a. To any insured person or organization from distributed or sold in the regular course of the ven- whom you have acquired such products, or dor's business, subject to the following additional any ingredient, part or container, entering exclusions: into, accompanying or containing such 1. The insurance afforded the vendor does not ap- products; ply to: b. To any vendor for which coverage as an a. "Bodily injury" or "property damage" for additional insured specifically is scheduled which the vendor is obligated to pay dam- by endorsement; or ages by reason of the assumption of liability c. When liability included within the "products- in a contract or agreement. This exclusion completed operations hazard" has been ex- does not apply to liability for damages that cluded for such product either by the provi- the vendor would have in the absence of the sions of the coverage part or by endorse- contract or agreement; ment. b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; II i WN GL 39 03 10 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 6 WN GL 39 03 10 D. Blanket Additional Insured — Lessor Of Leased 2. This insurance does not apply to: Equipment a. "Bodily injury", "property damage" or "per- 1. Section II —Who Is An Insured is amended to sonal and advertising injury" arising out of include as an additional insured any person or operations performed for the federal govern- organization from whom you lease equipment ment, state or municipality; or when you and such person or organization have b. "Bodily injury" or "property damage" in- agreed in writing in a contract or agreement, cluded within the "products-completed op- executed prior to loss, that such person or or- erations hazard". ganization be added as an additional insured on your policy. Such person or organization is an G. Blanket Additional Insured — State Or insured only with respect to liability for "bodily Governmental Agency Or Subdivision Or Politi- injury", "property damage" or "personal and ad- cal Subdivision — Permits Or Authorizations Re- vertising injury" caused, in whole or in part, by lating To Premises your maintenance, operation or use of equip- Section II — Who Is An Insured is amended to in- ment leased to you by such person or organiza- clude as an insured any state or governmental tion. agency or subdivision or political subdivision with A person's or organization's status as an addi- whom you have agreed in a written contract, exe- tional insured under this endorsement ends cuted prior to loss, to name as an additional insured, when their contract or agreement with you for subject to the following provision: such leased equipment ends. This insurance applies only with respect to the fol- 2. With respect to the insurance afforded to these lowing hazards for which the state or governmental additional insureds, this insurance does not ap- agency or subdivision or political subdivision has is- ply to any "occurrence" which takes place after sued a permit or authorization in connection with the equipment lease expires. premises you awn, rent or control and to which this E. Blanket Additional Insured — Managers Or Les- insurance applies: sors Of Premises 1. The existence, maintenance, repair, construc- Section II — Who Is An Insured is amended to in- tion, erection or removal of advertising signs, clude as an insured any person or organization with awnings, canopies, cellar entrances, coal holes, whom you have agreed in a written contract, exe- driveways, manholes, marquees, hoist away cuted prior to loss, to name as an additional insured, openings, sidewalk vaults, street banners or but only with respect to liability arising out of the decorations and similar exposures; or ownership, maintenance or use of that part of the 2. The construction, erection or removal of eleva- premises leased to you, subject to the following tors; or additional exclusions: 3. The ownership, maintenance or use of any ele- This insurance does not apply to: vators covered by this insurance. 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. SECTION III — LIMITS OF INSURANCE AMEND- 2. Structural alterations, new construction or MENTS demolition operations performed by or on behalf A. Damage To Premises Rented To You of such additional insured. Paragraph 6. is replaced by the following: F. Blanket Additional Insured — State Or 6. Subject to Paragraph 5. above, the most we will Governmental Agency Or Subdivision Or Politi- pay under Coverage A for damages because of cal Subdivision—Permits Or Authorizations "property damage" to any one premises, while Section II — Who Is An Insured is amended to in- rented to you, or in the case of damage by fire, clude as an insured any state or governmental lightning, explosion or sprinkler leakage, while agency or subdivision or political subdivision with rented to you or temporarily occupied by you whom you have agreed in a written contract, axe- with permission of the owner is the greater of: cuted prior to loss, to name as an additional insured, a. $300,000; or subject to the following provisions: 1. This insurance applies only with respect to op- b. The amount shown next to the Damage To Premises Rented To You Limit in the Decla- erations performed by you or on your behalf for which the state or governmental agency or sub- rations. division or political subdivision has issued a However, the provisions of this paragraph do not permit or authorization. apply if Damage To Premises Rented To You Coverage is excluded by endorsement. WN GL 39 03 10 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 6 WIN GL 39 03 10 B. Medical Expense Limit b. If you unintentionally fail to disclose any haz- Paragraph 7. is replaced with the following: ards existing at the inception date of your policy, we will not deny coverage under this 7. Subject to Paragraph 5. above, the most we will Coverage Part because of such failure. pay under Coverage C for all medical expenses However, this provision does not affect our because of "bodily injury" sustained by any one right to collect additional premium or exer- person is the greater of: cise our right of cancellation or non-renewal. a. $10,000; or b. The amount shown next to the Medical Ex- pense Limit in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABIL- This insurance does not apply if coverage for ITY CONDITIONS, 8. Transfer of Rights of Re- Medical Expenses is excluded either by the pro- covert' Against Others Us is hereby amended visions of the coverage part or by endorsement. W the addition of the following: We waive any right of recovery we may have be- cause of payments we make for injury or damage SECTION IV — COMMERCIAL GENERAL LIABILITY arising out of your ongoing operations or"your work" CONDITIONS AMENDMENTS done under a written contract, executed prior to loss, A. Knowledge Of Occurrence requiring such waiver with that person or organiza- Item 2. Duties In The Event Of Occurrence, Of- tion and included in the "products-completed opera- tions hazard". However, our rights may only be Tense, Claim or Suit is amended by adding the fol- waived prior to the "occurrence" giving rise to the lowing: injury or damage for which we make payment under e. You must give us or our authorized representa- this Coverage Part. The insured must do nothing tive prompt notice of an "occurrence", claim or after a loss to impair our rights. At our request, the loss only when the "occurrence', claim or loss is insured will bring "suit" or transfer those rights to us known to: and help us enforce those rights. (1) You, if you are an individual; (2) A partner, if you are a partnership; SECTION V— DEFINITIONS AMENDMENTS (3) An executive officer or insurance manager, if A. Bodily Injury Redefined you are a corporation; or Paragraph 3. "Bodily injury" is replaced by the fol- (4) A member or manager, if you are a limited lowing: liability company. 3. "Bodily injury" means bodily injury, sickness or B. Other Insurance disease sustained by a person, including death Item 4. Other Insurance, b. Excess Insurance (1) resulting from any of these at any time. "Bodily (a) (ii) is replaced by the following: injury' includes mental anguish or other mental (ii) That is fire, lightning, explosion or sprinkler leak- injury resulting from such bodily injury. age insurance for premises rented to you or B. Insured Contract Amended temporarily occupied by you with permission of Paragraph 9. a. is replaced by the following: the owner; a. A contract for a lease of premises. However, C. Unintentional Failure To Disclose Hazards that portion of the contract for a lease of prem- Paragraph 6. Representations is replaced by the ises that indemnifies any person or organization following: for damage by fire, lightning, explosion or sprin- 6. Representations And Unintentional Failure kler leakage to premises while rented to you or To Disclose Hazards temporarily occupied by you with permission of a. By accepting this policy, you agree: the owner is not an "insured contract' (1) The statements in the Declarations are C. Personal And Advertising Injury Redefined accurate and complete; Paragraph 14. d. and e, are replaced by the follow- (2) Those statements are based upon ing: representations you made to us; and d. Oral, written, televised, videotaped or electronic (3) We have issued this policy in reliance publication of material that slanders or libels a upon your representations. person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; I i WIN GL 39 03 10 Includes copyrighted material of Insurance Services Office,with its permission Page 6 of 6 POLICY NUMBER: CPP 1037280 03 COMMERCIAL GENERAL LIABILITY WN GL 50 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Or anization(s): PER WRITTEN CONTRACT OR AGREE- ALL PARTIES WHERE SPECIFICALLY j MENT WHERE YOU AGREED TO NAME REQUIRED IN A WRITTEN A PARTY OR PARTIES AS CONTRACT OR AGREEMENT RELATED ADDITIONAL INSUREDS) TO THE WORK OF THE INSURED '.. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 —Who Is An Insured is amended to in- C. As respects the coverage provided under this en- clude as an additional insured the person(s) or or- dorsement, Paragraph 4.b. of the Other Insurance ganization(s) shown in the Schedule, but only with Condition is deleted and replaced by the following: respect to liability for "bodily injury" or "property 4. Other Insurance damage" caused, in whole or in part, by "your work" at the location designated and described in b. Excess Insurance the schedule of this endorsement performed for This insurance is excess over any other insur- that additional insured and included in the "prod- ante naming the additional insured as an 'in- sured operations hazard". whether primary, excess, contingent or B. The Limits of Insurance applicable to the addition- on any other basis unless the insured and al insured are those specified in the written con- such person(s) or organization(s) named in tract or written agreement or in the Declarations of the Schedule have specifically agreed in a this policy, whichever is less. These Limits of In- written contract or agreement to provide this surance are inclusive of, and not in addition to insurance on either a primary basis or a pri- Limits of Insurance shown in the Declarations. mary and noncontributory basis. I WN GL 50 03 11 Includes copyrighted material of Insurance Services Offices;Inc.with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY WNGL490109 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to a. The preparing, approving, or failing to pre- include as an additional insured any person or or- pare or approve, maps, shop drawings, ganization for whom you are performing operations opinions, reports, surveys, field orders, when you and such person or organization have change orders or drawings and specifica- agreed in writing in a contract or agreement that tions; or such person or organization be added as an addi- tional insured on your policy. Such person or or- b. Supervisory, inspection, architectural or ganization is an additional insured only with respect engineering activities. to liability for "bodily injury", "property damage" or 2. "Bodily injury" or "property damage" occurring "personal and advertising injury" caused, in whole after: or in part, by: a. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, maintenance or repairs) to be performed by behalf; or on behalf of the additional insured(s) at in the performance of your ongoing operations for the location of the covered operations has the additional insured. been completed; or A person's or organization's status as an additional b. That portion of "your work" out of which the insured under this endorsement ends when your injury or damage arises has been put to its operations for that additional insured are com- intended use by any person or organization pleted. other than another contractor or subcontrac- B. The Limits of Insurance applicable to the additional for engaged in performing operations for a insured are those specified in the written contract principal as a part of the same project. or written agreement or in the Declarations of this D. As respects the coverage provided under this en- policy, whichever is less. These Limits of Insur- dorsement, Paragraph 4.b. of the Other Insurance ance are inclusive of, and not in addition to Limits Condition is deleted and replaced by the following: of Insurance shown in the Declarations. 4. Other Insurance C. With respect to the insurance afforded to these additional insureds, the following additional exclu- b. Excess Insurance sions apply: This insurance is excess over any other This insurance does not apply to: insurance naming the additional insured as an insured whether primary, excess, contin- 1. "Bodily injury", "property damage" or "personal gent or on any other basis unless the written and advertising injury" arising out of the render- contract or agreement described in A. above ing of, or the failure to render, any professional specifically requires that this insurance be architectural, engineering or surveying services, provided on either a primary basis or a pri- including: mary and noncontributory basis. WN GL 49 01 09 Includes copyrighted material of Insurance Services Office Inc.with its permission. Page 1 of 1 13 REQUEST R MAYOR'S SIGNATURE T 4 Routing Information: (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAIN DEPARTMENT) Approved by Direc or Originator: Lynn Osborn Brian Levenhagen Phone (Originator): X5111 Date Sent: to Pks Dir. 8/17/15 Date Required: earliest please Return Signed Document to: Lynn O. Contract Termination Date: 10/31/15 VENDOR NAME: Date Finance Notified: Northwest Playground Equipment (Only required on contracts 8/ 1 7/ 1 5 yg20 000 and over or on any Grant DATE OF COUNCIL APPROVAL: n/a Date Risk Manager Notified: (Required on Non-City Standard Contracts A reements Has this Document been.SpecificalI' Account Number: P2OS 1 O Authorized in the Budget? YES B NO Brief Explanation of Document: A Goods & Services Agreement to purchase twelve 4-seated picnic tables for installation in various parks. This agreement is for equipment only, no installation or labor is included. Installation will be performed by Parks Maintenance and funding w ll-oa-me from the Parks Lifecycle budget. All Contracts Must Be pouted Through The Law Department (This area to be completed by the Law Department)' Received: Approval of Law Dept.: Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments: Disposition: F Date Returned: PlCiaiPFan 1pncumnnl Pmee.ain9Requesl hu Myyuls SiUnalwPAoo- I I Osborn, Lynn i From: Osborn, Lynn i Sent: Wednesday,August 05, 2015 12:45 PM To: 'Chris McGarvey'; Levenhagen, Brian Cc: 'Debbie Buse'; 'Sarah Houck' Subject: RE: ELECTRONIC TRANSMITTAL: Contract &Insurance Requirements for Purchase per Quote#5/6/15-MCG-2, Picnic Tables Hi Chris. I checked with Brian Levenhagen and the extra time is ok. Please cross out the "60" on the 3 printed contracts, write in "75" and initial by the change. When we sign the contracts we will initial the change also. If you have any questions please reply or call me. Thank you. 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 Iosborn(a)KentWA.oOV CITY OF KENT, WASHINGTON KentWA.aov/Parksand Recreation Facebook You'rube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Chris McGarvey)mailto:chris(cbnw laavground.coml Sent: Wednesday, August 05, 2015 8:50 AM To: Osborn, Lynn; Levenhagen, Brian Cc: Debbie Buse; Sarah Houck Subject: RE: ELECTRONIC TRANSMITTAL: Contract&Insurance Requirements for Purchase per Quote #5/6/15-MCG-2, Picnic Tables Hi Lynn and Brian, We're getting ready to sign and return the contract documents, but I wanted to see if it would be acceptable to change the delivery date from 60 days per the contract to 75 days. We currently have a lead time of 5-6 weeks for manufacturing plus 2 weeks transit putting us right at the deadline, but would like to include a buffer in case there are any issues with freight or processing. Is this acceptable, and if so how would you like us to process? Thanks as always, Chris McGarvey Sales Consultant—Southwest Washington Northwest Playground Equipment Office: 425.313.9161 Mobile: 425.681.5848 www.nwplayground.corn 1 Corporations: Registration Detail Page 1 of 1 NORTHWEST PLAYGROUND EQUIPMENT,INC UBI Number 601691557 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 02/22/1996 Expiration Date 02/29/2016 Inactive Date Duration Perpetual Registered Agent Information Agent Name ROBERTS MCGARVEY Address 345 NW DOGWOOD City ISSAQUAH State WA ZIP 98027 Special Address Information Address PO BOX 2410 city ISSAQUAH State WA Zip 98027 Governing Persons Title Name Address President,Chairman MC GARVEY,ROBERT 24304 SE 93RD ST ISSAQUAH,WA 98027 Vice Presidenl,Secrotary,Tmasurer MC GARVEY,CAROLYN 24304 SE 93RD Sf '.. ISSAQUAH,WA98027 !. i http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601691557 9/1/201 5