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HomeMy WebLinkAboutPW17-475 - Original - Ness Campbell Crane & Rigging - Kent Springs Overflow Box Lid Replacement - 10/04/2017 r G �/ i l/l il �"i/I i�✓�� i/� ly�//lr� ��� Document W A9XIN o.ae �IiO//// G// /�� j/%� %J �l////° CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Ness Campbell Crane & Rigging Vendor Number: JD Edwards Number Contract Number: R ~I This is assigned by City Clerk's Office Project Name: Kent Springs Overflow Box Lid Placement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 10/4/17 Termination Date: 12/31/17 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Shawn Ralph_Department: PW Operations Contract Amount: $3,608.00 Approval Authority: (CIRCLE ONE)=DepartmentDirector Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Set a concrete vault lid at Kent Springs water source located at 28600 216`' Ave. SE, Kent, 98042. ._ .......... ............. As of: 08/27/14 n • N T GOODS & SERVICES AGREEMENT between the City of Kent and Ness Campbell Crane & Rigging THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Ness Campbell Crane & Rigging organized under the laws of the State of Washington, located and doing business at 1821 1801h St. SE, Bothell, WA 98012, Phone: (425) 984-3283, Contact: Kris Hislop (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 set a concrete vault lid at the City's Kent Springs water source which is located at 28600 2161h Ave. SE, Kent, WA 98042. For a copy of the Vendor's quote, see Exhibit A which is attached 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 December 31, 2017. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand, Six Hundred Eight Dollars ($3,608.00), 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, the concrete vault lid has been set and submittal of invoice. 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, Defgq ye or Int hgri'ze 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 Pa merit; W Ever 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. 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 GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, including NSST) -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 Waiveir. 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 Pr9cedures 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 IVD l�fRL L 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) 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. Reelable 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 Governinca 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. VMfritten NotiO , 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. Ass�nmTenk. 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 maws. 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 WSST) I. Nblic 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 Consultant 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. -CCity o icens0 R(L red, 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. Count orpar n Sionatures 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VEN DOR: Ness&Can bell Crane, Inc. CITY OF KENT: By: (signature) (signature) Print Name: e p,,,,,(,�,,,_ ier Print Name: David A. Brock, P.E. Its: ManaR na Director Its: Deputy Director Operations Manager (tltr ).�,- DATE: �" � DATE: 1014111 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Kris Hislop Timothy J. LaPorte, P.E. Ness Campbell Crane & Rigging City of Kent 1821 180`h St. SE 220 Fourth Avenue South [(425) hell, WA 98012 Kent, WA 98032 984-3283 (telephone) (253) 856-5500 (telephone) (253) 856-6500 (facsimile) Ness-Kent 5,,i ,,/Ralph 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 fulf" the five requirements referenced above. By: For: PSes5 &Campbell Crane,Inc. Title: Managing Director Date: (? 7� 1 7 EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 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: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Scope of Work: Vendor will supply the tools and equipment needed to set a concrete vault lid at the City's Kent Springs Water Source located at 28600 216`h Avenue Southeast, Kent, WA 98042 Page 1 of 3 NE119TAMPBELL CRANE + RIGGING Quote Number: 30329 Quoted out of: Kent Date of Quotation: 9/12/2017 Contact: Hislop, Kris Phone Number, (425)984-3263 E-Mail: k,hislop@nesscampbell.com Customer: City Of Kent Quoted To Shawn Ralph Address, 220-4th Ave S. Work Phone: (253)740-7120 Keri 98032 E-Mail: sralph@kentWA.gov Jobsite Name: City of Kent Water Facility Start Date Jobsite Address: 28600 216th ave SE End Date, Black Diamond, WA 96010 Quotation Status: Pending Work to be performed: Set vault lid Lift Information: Size, 15 ton Ctwt: NA Boom:245 Jib: NA Offset: NA Set Back. 12' Up: 4' In'3' Weight: 12,000 Ibs Radius: 15' Equipment Required; 15 ton carry deck Description Est.Qty Rate Est.Amt 15 Ton Carry Deck 4.00 Hours $220,00 $880.00 Crane is quoted for a four hour, straight time minimum. Mobilization 1,00 Each $2,400.00 $2,400.00 Covers straight time mobilization to and from site. Quote Estimate: $3,280.00 Comments: Tax is 10%. Tax based on the T&M estimate is$328, Ness Campbell Crane and Rigging billing address: 1821 180th Street SE, Bothell,WA 98012, Customer to have manufacturer supply clutches. Quote is based on availabilty. ""Issuance of a purchase order acknowledges acceptance of this quotation Page 2 of 3 uars4 fnMT I C RANE + RIGGING Quote Number: 30329 Quoted out of: Kent Date of Quotation: 9/12/2017 Contact Hlslop, Kris Phone Number: f425) 984-3283 E-Mail: k.hislop@nesscampbell,com Terms&Conditions: ESTIMATED RATES ARE BASED ON THE FOLLOWING CLARIFICATIONS: 1. This estimate Is In accordance with the terms and conditions or the Daily Crew Log Agreement This agreement is also posted on our web site at www,nessandcampbell.com for your review, 2, The acceptance of this quotation is based on acknowledgment of NCCI's standard contract terms and conditions and standard Quote terms&conditions. 3 Access:Contractor/Owner will provide access for equipment and a safe place to work which compiles with all Federal OSHA and OSHA regulations.Firm,level,all weather roadways,access roads and 1 4. All cranes and equipment are quoted portal-to-portal from the yard that they travel out of,unless otherwise noted. 5. NCCI Is a union contractor.Our Craft will not cross a sanctioned strike picket line.Contractor/Owner will be responsible for all costs associated wl[h all mobilization&demobilization.A two gate system roust be in place for I to operate on a sanctioned construction site. 6. All equipment Is subject to availability at the time of dispatch.Equipment&Labor schedule changes are subject to availability, price Increases,and standby charges.NCCI will not be held responsible for any delays or lost time due to mechanical breakdown or any situation out of the direct control of NCCI. 7. The cranes will be erected and dismantled during straight time hours in a normal 40 hour work week during a continuous operation,using Operating Engineers.If any other craft should claim this work and is awarded said work,then the contractor will furnish that craft at no cost to NCCI. A. All work will be performed in accordance pursuant to the controlling union contract unless otherwise speclfled. 9. Labor minimums,subsistence,crew travel and overtime will be billed pursuant to the controlling union contract unless otherwise specified. 10 The contactor will furnish qualified signalmen, riggers and lift director,whom are in compliance with current federal OSHA standards,for directing crane operations and rigging applications. 11, In the event NCCI provides rigging,equipment,and/or material without a rigger,customer will Inspect and accept the rigging prior to start of work and will accept full responsibility for its quality and Intended use.Size and capability of rigging used for work performed Is at the sole discretion of the Contractor 12. All site-specific testing or training required of NCCI employees will be Invoiced at the applicable rates, 13. All personnel,permits and/or equipment required for street use or traffic control will be furnished by contractor unless otherwlse noted. 14. All testing and certification of any slings,shackles,or spreader bars will be the responsibility of the contrector.l. is. Electrical,mechanical,anchor connections, disconnections,and/or final alignment by others unless otherwise specified. 16, All equipment to be free of all toxins. 17, NCCI Is not responsible for the structural integrity of any unit being lifted or lifting devices provided by others.NCCI will assume no liability or responsibility for the adequacy of the design or the strength of any lifting lug embedded or attached to any object,whether concrete,steel,or other,to which NCCI attaches for handling or holding,whether or not It Is furnished by Contractor/Owner,manufacturers,or others. 18, NCCI is not responsible for the removal,dismantle,or disposal of any crating or packing material included with any equipment unless otherwise noted.l. 19. NCCI requires a 48 hour notice to receive equipment at NCCI's yard and a 48 hour notice to transport equipment to the customer's job site. 20. Storage Is available and quoted separately.1 21, NCCI will not be responsible for any internal damage to equipment or for any damage to equipment prior to arriving in NCCI's yard.Customer Is to inspect equipment immediately upon arrival at NCCI's yard.NCCI will not be responsible for damage to mechanical equipment during offloading,storage,loading,or transport of any of the equipment unless the damage Is the result of NCCI's sole negligence. 22. If mats,steel plates,or plywood are required to level or support the crane per the manufacturers specifications or to protect site areas,these items are available at additional expense.NCCI assumes no responsibility for site preparation and/or site damage. NCCI will take limited precautions but will not be responsible for any damage to underground utilities,curbs,gutters, concrete slabs,sidewalks,pavement,trees or shrubs.Any damage to tires or wheels due to jobslte conditions will be the responsibility of the Contractor.Others are to provide and maintain a clear, firm site with backflll In place and leveled to approximate grade suitable for operation of the equipment. Page 3 of 3 T N " CAMPBELL ,' CRANE + RIGGI N G Quote Number: 30329 Quoted out of: Kent Date of Quotation: 9l12I2017 Contact: Hislop, Kris Phone Number (425)984-3283 E-Mail: k,hislop@nesscampbell.com 23. Insurance', NCCI will provide standard Insurance in the amount of$1 Million Dollars each for Workmen's Compensation and General Liability and Automotive.Higher limits, endorsements and additionally Insured certificates are available with the approval of NCCI's management and may be subject to an additional fee.Standard insurance certificates can be viewed on our webslte at www nessandcampbell,com 24. NCCI will provide our standard two page IIft plan for required jobs.Lift plans that require more detailed information or drawings,engineering calculations or review and customer's IIft plan paper work to be completed will be charged at the rate of $145.00 per hour 25. Applicable sales tax Is not Included. 26. Payment terms are net 30 days from the Invoice dates. 27. This quote Is good for 6D days, EXHIBIT B INSURANCE REQUIREMENTS FOR 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. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) farm CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 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. 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. Per Rcw local sales BUSINESS LICENSE and use taxx must must he coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY 1st TO AVOID PENALTY sales within the city or TIssuance of License Does Not Imply Licemcc's Kull' WA s e I s o T o e Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS Year ; 2017 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLC-2130410 NESS&CAMPBELL CRANE INC MAYOR 9612 S 218 ST The City of Kent KENT, WA 98031 A,120 4 rH AVE 50 WA KNNT,WA9HMGTGi0N 9dOR AC e DATE IMMIDDIYYYY) �.. CERTIFICATE OF LIABILITY INSURANCE9/26/2017 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 NAMT Molly McCarthy Emery & Kerrigan Inc. PKDN o..Enrl..® """" FhIX Ma' I,I, sal-0d 10 17933 NW Evergreen Parkway E"^AmL, jesaicavOemerykarrigan.com Suite 350 INSURER(SI AFFORDING COVERAGE NAIC# Beaverton OR 97006 INSURERA:Int'1 Ins Co of Hannover BE 1120822. INSURED NessCampbell Crane + Rigging INSURER B:American Familv Home Ins Co 2.3450 dba Ness Cranes INSURERC:Indian Harbor Ins Cc 36940 Ness & Campbell Crane, Inc INSURERDYAlaska National Ins. Co 38733 1821 180th St. BE INSURER E� Bothell WA 98012 INSURER F COVERAGES CERTIFICATE NUMISER: 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ACOL Bonn LTR TYPE OF INSURANCE POLICY EFF POLICY EXP in,CP unrn POLICY NDMRFR lHnn!nnnyyy� ingymt,11-1 LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 X COMMERCIAL GENERN LIABILITY PR .JMPE�HEEm"a $ 300,000 A CLAIMS-MA➢E ®'OCCUR X NBIS-97294-00 1/1/2017 2/1/2018 MED EXP Any one nersont $ 5,000 X Book Liability PERSONAL&ADV INJURY $ 1,000,000 X Over the Road MOBILE EQUIPMENT GENERAL AGGREGATE 3 2,00 C,0 0 C GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP20P AGG 3 2,000,000 POLICYXI 1R7- LOG Emp Ben. 5 11 cool 000 AUTOMOBILE LIABILITY OMISIN98nl IN L E LIMIT Ea 1.000.nn0 X ANY AUTO BODILY INJURY(Par person) $ u B ALL OWNED SCHEDULED 2LA5CA0000190-00 2017 2/1/201B 1 1 ---- AUTOS AUTOS X / / BODILY INJURY(Per accident) $' NON OWNED HIRED AUTOS AUTOS P YfYdllm $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 C. X EXCESS LIAB CLAIMS-MADE SXS0045045-02 1/1/2017 2/1/2018 AGGREGATE $ 5,000,060 ncn I X I RETENTION$ X I $ A WORKERS COMPENSATION WG STATU- OTH- ANDEMPLOYERS'LIABILITY Tl1Rvl IMITs X FR ANY PROPRIETOR!PARTNER/EXECUTIVE YIN NBIB-97294-OD 1/1/2017 2/1/2018 EL EACH ACCIDENT S 1.000.000 OFF!CERIMEMBER EXCLUDED? N)A qrp STOP GAP (Mandatory in NH) EL DISEASE EA EMPI,nYF_I; $ 1,000,000 It yes describe under DESCRIPTION OF OPERATIONS hEnw EL DISEASE POLICY LIMIT $ 1,000.000 D USL&H 17A WU 09334 1/1/2017 2/1/2016 Limit $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach AC ORD 101,Ad dinonal Remark®$c InKIN e,if more sp,I is required) ".Re: City of Kent Water Facility; 28600 216th Ave BE Black Diamond., WA 98010. City of Kent is named as additional insured per the attached, including completed operations. 30 day notice of cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Ave S ---- Kent, WA 98032 AUTHORIZED REPRESENTATIVE / Rick Emery/,TV ACORD 25(2010/o5) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD Policy Number: NBIS-97294-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-ONGOING OPERATIONS OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II—WHO IS AN INSURED is amended to include Where the Named Insured is required by as an additional insured any person or organization that a written contract to make a person or the Named Insured has agreed to name as an Additional organization an Additional Insured using Insured on Its policy. However,such additional insured the language from ISO Additional Insured status shall be granted only if such agreement was forms CG2033 or CG2010 with edition evidenced"In writing'or by a written contract executed by dates of 2001, 1993 or 1985,such person the Named Insured before the"occurrence"took place. or organization is an Additional Insured Furthermore,the conditions triggering such additional only with respect to liability for"bodily insured status are governed as follows: injury'or"property damage"arising out of the Named Insured's performance of A. Such person or organization is an "ongoing operations'for at least one of Additional Insured only with respect to the Additional Insureds, liabillty for"bodily Injury"or"property C Additionally: damage"that is directly caused by the Named Insured's performance of 1. The insurance afforded to any Additional "ongoing operations"for at least one of Insured only apples to the extent the Additional Insureds. permitted by law;and B. However,where the Named Insured has 2. If coverage provided to the Additional agreed in a written contract to specific Insured is required by contract or editions of ISO additional insured agreement an in writing, the insurance endorsements or to specific language as afforded to such additional insured will delineated in those ISO additional insured not be broader than that which the endorsements,Paragraph A above is Named Insured is required by the deleted and replaced with either contract or agreement to provide for paragraph B.1 or 5.2 below, such Additional Insured. 1. Caused in Whole or in Part— Where the Named Insured is required by Exclusions a written contract to make a person or With respect to the insurance afforded to the organization an Additional Insured using Additional Insureds: the language from ISO Additional Insured forms CG2033 or CG2010 with edition A. This endorsement does not eliminate any dates of July 2004(07/04),or April 2013 other exclusions in this policy or the (04/13)such person or organization Is an CG0001(10/01) policy form. Additional Insured only with respect to B. This Additional insured Endorsement liability for"bodily injury"or"property does not apply to: damage"that is caused in whole or in part by the Named Insured's 1.Any damages arising from the performance of"ongoing operations"for "products completed operations at least one of the Additional Insureds; hazard"; OR 2."Bodily injury"or"Property damage" 2. Arising Out Of— arising out of the rendering of or GLM 2033 03 15 Page 1 of 2 failure to render any professional equipment at the project site 11 architectural,engineering or pursuant to the terms of the bare surveying services, including: lease agreement; or i a. The preparing,approving,or failing d. The Named Insured;s equipment to prepare or approve maps,shop has been assembled at the project drawings,opinions, reports, site,if the work to be performed surveys,filed orders,change by the Named Insured on behalf of orders or drawings and the Additional Insured is limited to specifications;or the rental of equipment that must b. Supervisory, inspection, be set up or assembled at the project site. This exclusion does architectural,or engineering not apply to liability caused by the activities; Named Insured's acts or omissions 3."Bodily injury"or"property damage" during the disassembly or the occurring after: equipment. a. All the work on the project to be Definitions performed by Named Insured on As used in this Endorsement,the following definitions behalf of the Additional Insured 'apply: has been completed;or A. "Ongoing operations"shall mean that period of b. That portion of the work time in which any insured is actively performing performed by he Named Insured, work or operations on a project or in out of which the injury or damage preparation for work on a project. That period arises, has been put to its intended of time commences when the insured actively use by any person or organization begins work to fulfill its contractual obligations, other than another contractor or and ends when their contractual obligations subcontractor engaged in have been fulfilled. performing operations for a principal as a part of the same project;or c. The Named Insured completes delivery,and/or assembly of ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED, nn File Authorized Representative Includes copyrighted material of Insurance Services Office, Inc., GLM 2033 03 15 with its permission. Page 2 of 2 Policy Number;,NBIS-97294-00 COMMERCIAL GENERAL IUAJBnILIi"1^t' CG 20 01 0413 THIS ENDORSEMENT dHANCE ' THE POLICY, PLEASE READ IT CAIREFUILILY. PRIMARY AI ND NONCONTRIBUTORY OTHER INSURANCE COND11TICN This endorsement modifies insurance:provided under the following_ COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and Oda 0)01 04 13 Q Insurance.Services Office Inc., 2012 Page t of I Policy Number: NBIS-97294-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-COMPLETED OPERATIONS OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION II—WHO IS AN INSURED is amended to include Insured'performance of its work for the as an additional insured any person or organization that Additional Insured,and only to the extent the Named Insured has agreed to name as an Additional that work is included in "products Insured on Its policy. However,such additional Insured completed operations hazard;"OR status shall be granted only if such agreement was evidenced "in writing'or by a written contract executed by 2. Arising Out Of— the Named Insured before the"occurrence"took place. Where the Named Insured is required by Furthermore,the conditions triggering such additional a written contract to make a person or insured status are governed as follows: organization an Additional Insured using the language from ISO Additional Insured A. Such person or organization is an forms CG2037 or CG2010 with edition Additional Insured only with respect to dates of 2001,1993 or 1985,such person liability for"bodlly injury"or"property or organization is an Additional Insured damage"that is directly caused by the only with respect to liability for"bodily Named insured's performance of its injury"or"property damage"arising out work for at least one of the Additional of the Named insured's performance of Insureds and included In the"products its work for the Additional Insured and completed operations hazard." included in the"products completed operations hazard." B. However,where the Named Insured has C Additionally: agreed in a written contract to specific editions of ISO additional insured 1. The insurance afforded to any Additional endorsements or to specific language as Insured only apples to the extent delineated in those ISO additional insured permitted by law;and endorsements,Paragraph A above is deleted and replaced with either 2. If coverage provided to the Additional paragraph B.1 or B.2 below. Insured is required by contract or agreement and in writing, the insurance 1. Caused in Whole or in Part— afforded to such additional insured will Where the Named Insured agreed to not be broader than that which the make a person or organization an Named Insured is required by the Additional Insured using the language contract or agreement to provide for from ISO Additional Insured forms CG such Additional Insured. 2037,with edition dates of July 2007 Exclusions (D7/04),or April 2013(04/13)such person or organization is an Additional Insured With respect to the insurance afforded to the only with respect toliability for"bodily Additional Insureds: injury"or"property damage"that is caused in whole or in part by the Named GLM 2037 03 15 Page 1 of 2 A. This endorsement does not eliminate any use by any person or organization other exclusions in this policy or the other than another contractor or CG0001(10 01) policy form. subcontractor engaged in B. This Additional insured Endorsement performing operations for a does not apply to: principal as a part of the same project;or 1.Any damages arising from the Named Insured's performance of"ongoing C. Before the Named Insured operations"for the Additional completes delivery,and/or Insured; assembly of equipment at the project site pursuant to the terms 2."Bodily injury"or"Property damage" of the bare lease agreement;or arising out of the rendering of or failure to render any professional d. Before or during the assembly of architectural engineering or the Named Insured's equipment at g surveying services,including: the project site, if the work to be performed by the Named Insured a.. The preparing, approving,orfailing on behalf of the Additional Insured to prepare or approve maps,shop is limited to the rental of drawings,opinions,reports, equipment that must be set up or surveys,filed orders,change assembled at the project site. orders or drawings and Definitions specifications;or b. Supervisory, inspection, As used in this Endorsement,the following definitions architectural,or engineering apply: activities; A. "Ongoing operations"shall mean that period of time in which any insured is actively performing 3."Bodily injury"or"property damage" work or operations on a project or in occurring: preparation for work on a project. That period of time commences when the insured actively a. Before all the work on the project begins work to fulfill its contractual obligations, to be performed by the Named and ends when their contractual obligations Insured on behalf of the Additional have been fulfilled. Insured is completed;or b. Before that portion of the work performed by the Named Insured, out of which the injury or damage arises, has been put to its intended ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED, On File Authorized Representative Includes copyrighted material of Insurance Services Office, Inc., GLM 2037 03 15 with its permission. Page 2 of 2 COMMERCIAL AUTO AU 2003(12113) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I ADDITIONAL INSURED — AUTOMATIC STATUS Named Insured Endorsement Number NessCampbell Crane + Rigging Policy Number 2LA5CA0000190-00 Endorsement Effective 1/1/2017 Countersigned by ON FILE Authorized Representative) The above is required to be completed only when this endorsement is issued subsequent to the preparation of the policy. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM WHO IS AN INSURED (Section II — COVERED AUTOS LIABILITY COVERAGE - Subsection A.1.) is amended to include as an insured any person or organization for whom you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only to the extent that person or organization qualifies as an insured under WHO IS AN INSURED of Section II — COVERED AUTOS LIABILITY COVERAGE. Any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be primary in which case any other insurance available to the additional insured shall be considered excess and non-contributing. All Other Terms and Conditions Remain Unchanged. AU2003(12113) Copyright,American Alternative Insurance Corporation,2013 Page 1 of 1 All rights reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission,