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HomeMy WebLinkAboutCAG2019-011 - Original - A Plus Demolition & Excavation, Inc. - 2019 Recycling Events - 01/17/2019 NT Records Management Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed, If you have questions, p eas,re contact the City Clerk's Office at 253-856-5225. Vendor Name: A Plus Demolition & Excavation, Inc. Vendor Number (JDE): u Contract Number (City Clerk): �1��- (] Category: Contract Agreement Sub-Category (if applicable): None Project Name: 2019 Recycling Events Mayor's signature tip � l°I 12/31/19 Contract Execution Date: Termination Date: Tony Donati PW: Engineering Contract Manager: Department: 9 9 Contract Amount: $56,000.00 Budgeted: ❑✓ Grant? Part of NEW Budget: Local: ® State: El Federal: El Related to a New Position: Basis for Selection of Contractor? Other Approval Authority: 1:1 Director 121 Mayor El City Council Other Details: Collect materials at three 2019 Recvcling Events .m. NT GOODS & SERVICES AGREEMENT between the City of Kent and A Plus Demolition & Excavation, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and A Plus Demolition & Excavation, Inc. organized under the laws of the State of Washington, located and doing business at 12035 SE 236", Kent, WA 98031, Phone: (253) 737-4441, Contact: Steve Breen (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the fallowing goods and materials and/or perform the following services for the City: The Vendor shall collect materials at three City of Kent Recycling Events. For a description and list of materials, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2019. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Fifty Six Thousand Dollars ($56,000.00), 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: Vendor shall be paid per recycling event after submittal of invoice. .......,... .........— ------....... .__—.__�.._.... — ...—_.- .... �. 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 Pa m rlL 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 1 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 fw, 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 X'IV(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) 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. Notii of dim. 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. 1lendor s Duty-ko 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. GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) D. Failure ba Protest Conskitutes 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 F illow 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 casts 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 casts 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 casts 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 MateriaCs. 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 Governwnq I. 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; rroovi e 1, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XT 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. Mgdification. 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 Aareen7ent. 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) s. laws, M The Vendor agrees to conop|y with all federal, state, and municipal rules, and regulattons that are now urfethveorin the future become applicable to Vendor's husincss equipment, and personnel engaged in operations covered by this Agreement or accruing out � �h / pc�onnanceoy those nperat|000� « w l. . The Vcndo'ack nowledges to the puh||c Records Act cnomeo in C"apter43.S6 of the Revised Code of Washington and ducunountu notes ernw�|s, and othornennrds p/epareu orga8/enc� by �heVendu/ �n its performance of this Agra«rne/* ' / he subject tmpub/icrevie;/ anddi*dooure. eveoJthnserecordsar* nutpr"nUucodtvorpnssrsp,« vy the 'nay City of Kent, As such, 1hp Vendor agrees t9roope/atw folly with the City insadsfri the O obligations undcrthe PuNiuRecords /\ct. satisfying � ty�� Uutimsand ] iwed, Prior to cono/nonJoy the Losks described in 5ccUun I Cnntractor agrees to 0rnxi6e proof o[ a current city of Kent business license pursuant to Chuptcr5U1 of ' tkeKen| CityCnUc. K, �=ou �-��]��§!LUre�-Dy Fax oIE�|p�. T|)|s Xyre.rncot may he executed in any number ofcounierparts each of which shall � d/�son� �yrecnnon| Further, w / cs�a conshtu�cann/iginaLanJai/ o� *|i0chwi|/ tnAcd/crcm�s/iioi� io �hcotheh fax « c� uP«» e»ccuUnQth|sAgrccnnenLeitherparty /nayddivcrthcslyoaU/repny� r y x or email and that signature sha|| hove the sanne h/ncc and effect as � [h � ` bearing the Original signature was received )nperson, / � Agreement IN WITNESS, the parties below execute this Agreement, Which shall bacwnoe effective no the last date entered below. A}l acts cVmsls;U'mC with the aulihnrityof this Agrmeenemt and prior tnitS effective date are ratified and affirmed, and the ternnsmftl»�e Agreement shall bedpen'ed, to have applied. �_ _'_--_—��—__. �� ' ' � ^ ~^~�"~ CITY OFKEN7: Its Mayo I DATE: DATF� NOTICES TQBE SENT TO: NOTICES-TO BE SENT TO: — - -^-- VENDOR: CITY dFKENT: Steve Breen TinoothylLaPortcPE A Plus De/no|ibun & LxcavaUnn, lnc� Ciiyo� Keo� ' � � 120]5SE2}6w � 220 Fourth Avenue 5nuth | Kent, WA 98031 Kent, WA 98O3Z | 2 ( 5]) 7]7'444| (tc|cphnnc). (233) 856'5500 (tc<ephnnc) ! (253) 737'476S ([acsi/ni|c) (253) 856'6500 (focdroi|e) GOODS 6 SERVICES AGk[EwFwr ' 6 (Vrer$J0.o80, incmdwywSsr) ._._......_...... APPROVED AS TO FORM: OAA YL ---- Kent Law Department ATTES C Kent City Clerk A Plus Demolition-Recycling Events 4/Doca[I GOODS & SERVICES AGREEMENT - 7 (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: I. 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. 1 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 1, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor compiled with the requirements as set fort-1 above. By signing below, �II agree to fulfill the five requirements referenced above. Bv: ' For: .f4 VL. Pe4-rW 1 j c;k �x CAL a+ rn Title: Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 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 A Plus Demolition & Excavation 12035 SE 236th Kent, WA 98031 PH 253-737-4441 FAX 253-737-4760 Email: aplusremoval@comcast.net November 27, 2018 SCOPE OF WORK A Plus Dernolition &. Excavation will provide contabie,r(�s) acid staff at events for the collection (if electronic ecluipment, scrap meta). relriperalori, appliances, lja,)fcelain tcilefa and sinks, propane tanks, scrap wood, huli.,,y yard debris, cardboard. concrete, rock, brick, aiphalt, anci alfei juaterialk. Scrap metal indu(jes, lrrjat is 1101 hil1ited to. dUlO parts, lawti chairs, stoves, nncrowz"ocs, iron. steel, and other ferrous and non-ferrous rl-Wlals. TiN? City of Kent will use A Plats Demoliflon & Excav jtjon to haul CFC units and mattresses. Hauling Cost I llot to excCed $56,000.00 Per year for 3 Recycling Events, Sifdrday, Mardi 1), 2()J9 1 logail Park (2,1400 Ruc5eH Road) Saltirday, .)une 1. 2019 unericlizin Middle School (23480 12011, Ave SE) SbnJI'daY, October 19, 2019 Hogan park (24400 Russell Road) Chal-90 file City Of Kent a fee for collection Of the Materials listed above in line with the size., slaffing/equipment needs, and volnine history. Disposal of collected maierialk as garbage or trash is Prohibited- A Plus Dennobtion & Excavation has the tight to refuse any contart-tintlied Or Urmccel-xable material. It will be responsibility of A Plus Der-noliflor, & Excavation orriff to $Crptrj rnGrPeriaais On flle for acceptance. Please note that per the King County Health Department rules no vendors/staff may smoke on event sites. Have staff and equjpT-rtertt on-site at 7:30 am on collection days and remove all materials and PqUIPMR11t on the same day, 'I urne 14mfairers will be pi(.-le up on iwicl.,y. Leave site location clean and orderly. PtOvicic the City Of Kent, on the Tuesday following each collection day (or sooner), with the amount of n1aleHdIs collected at each event. Provide City Of Kent, on the Tuesday after each collection day, with an invoice? for, services. Equipment Rental: Provide the use of back hoe and driver when reClUested for a fee of $650.00. Provide the use of a track hoe and driver when reqLjcstc.,d for a fcae of $I,S50,00 Sickhoe drivers and track hoe operators are required to hold any needed operation/driver certifications. A Plus Demolition & Excavation's staff is to Interact in a professional way with participants for sr positive reflection upon the City of Kent. -r -er.€teKe �-ne A Plus Demolition & Excavation 12035 SE 236t^ Kent, WA 98031 � PH 253-737-4441 FAX 253-737-4760 Email_ aplusremoval@comcast.net November 27, 2018 Me_bid':. OOO.Q0 the cost of service consisted of hauling and recycling of appliances, electronics, scrap metals, CFC units, propane tanks, porcelain toilets and sinks, water heater, mattresses, scrap wood, bulky yard debris and cardboard. Charge fee for collection of: CFC' $28.00 Mattress $1&00 Toilet and sinks $15.00 Water heater $5.00 5 gal. propane $10.00 1 gal. propane $1.00 Cement trucking per hour $115.00 Wood trucking per load $250.00 EXHIBIT S INSURANCE REQUIREMENTS FOR SERVICE CONTRACT'S 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 Gener rl_L ability 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) form 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 wham 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 A:VII. 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 addiitional 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. ACC>Ra CERTIFICATE OF LIABILITY INSURANCE °77,1MMIDDNYYYI �— 1/1` 5/2019 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(ics)must he endorsed. If SUBROGATION 15 WAIVED,sub)ectto 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 NAME:: Annie Santorelli Degginger McIntosh and Associates PHONE (425)740-5200 FAX NeI, laasnao�s,m PO Box 1400 E-PAAIesa, Annie@➢MAi nsurance.com 3977 Harbour Point Blvd SW INSUREAS) AFFORDING COVERAGE NAIC k ..._.".".""_ ..............."."..... ....._..._....._.... ....... Mukilteo WA 98275 INSURERA:Kinsale Insurance Cc..._....................... .. ._.._... """.. INSURED INSURER National Indemnity Company ...... .. ..m A Plus Demolition 6 Excavation ImsuRERc 12035 SE 236th .._.........._ ..............-'_' ._""._..........." _INSURER D INSURERE Kent WA 98031 INSURER F; COVERAGES CERTIFICATE NUMBER:19-20 CL/BA/SG/XS REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE UfSIED BELLOW HAVE BEEN ISSUED TO THE INSURED NAMED AmO'VB FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OFANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE 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 IWO ....,"".__.. ......- OF N3Pf — ......._..""". ..W6LIGM EPA POLICY ENp... _. ______.. ...... . LqR TYPE OF INSURANCEP'n POLICY NUMBER "MjU1XyYYYF IMMAXPYYYYLLIMITS X COMMERCIAL GENERAL LIABILITY LnI ITvhL,f,lYhl lAi Nr B 5 1,000,000 A l CLAIMSMADE OCCUR 5M6rA LT`I".Y-40f Ner�l t"NEMIuIiS lEa nacP rcerR_N_ S """mmm100,000 X O]DD035112-3 1/15/2019 1/15/'202a MED EHP IIY 5,000 ..... C b onv.R134u�V 0 - .._......_._... PERF:ONAg.. 6 ADV INJURY 4 1,000,000 CAN L AGGREGA HE L IMI F IPPL IFS 11 F1 ri NERAL.AGCRECIFEE 5 2,000,000" _— POLICY ] IEL1 LOC PRODUCTS-CONPIOPAGG g -',D00,000 ....".." _........... ......_....�.W.. VtdiFiY: AUTOMOBILE LIABILITY ORAIIINED y114 aLFE f Ir $ 1,000,000 B ,,, ALL OWAD O BODILY INJURY(Per person) $ ALL OWNEDX� SCHEDULED 70 FIRE; 1.1111 AU TOE NUN0 X 1/I S/2D13 I/15/"G02R BODILY (Par accidenp 5 X X ALI FOSWNFD PROPERTY .,, wrxeDnuTGe nuTCs Pe.a,ralacnl) B X UMBRELLA TIAN X OCCUR 5 .. Excess uq9 EACH occuRRfNCE r 2,000,PACO A CLAIMSMADE excess owr G)./SGon Cap AGC FiEGf TF m.m...." .... "._........ .©a0.fY0U DID iRF.TF.{dTIC1ry Y 41(A Dloou salsa-3 a/i5/2o19 a/ls/2D2o }C1GrNrX(t18.,'A�d414X ' 'F ASP U�W'H. XWEMPLOYERS'LIABILITY YIN kk.TY X "R ANY FPOP RIET°R PNRINERE%ECOTIVE fug STOP OAY Of F16E wMEMRER tXCLUDE Dp t ! NIA I..ICH ACCWN fr 5 y�000t000 A LMYU,,It ,IF,MITI ICJ 01000 J11-2-3 1/15/2019 1/15/2020 E L INSCAgp f EMPLOYEE 1.000 000 EOO de5c Ye urdel .. ..",�.� ......._..—.-- BRIEp"BOB or OPT SAUG US bwow ! I n15'r,'Xs�POLICY LIMIT s a,auo 000 DESCRIPTION OF OPERATIONS)LOCATIONS I VEHICLES (ACORD 101,Additional Remarks SCM1eGule,may be aI.—Bl Fmore sOace is requheO) The City of Kent is included as additional insured per attached form CC2010(0704) with respect to any and all operations of the Named Insured, Coverage is. Primary and Non-Contributory per attached form CAS5003(0110) ,. Completed Operations applies per form CG2037(0704q . City of Kent is included as Additional L.Insured on the Auto Liability per form CA2048(0299) . All endorsements apply per required Written Contract. CERTIFICATE HOLDER CANCELLATION nyoshitake@kentwa.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 400 West Gowe Kent, WA 98032 AUTHORIZED REPRESENTATIVE y9tc, n ecl ly/�LllJ iG "' (P 1988-2014 ACORD CORPORATION. All rights reserved, ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(,Ci D1) POLICY NUMBER: 70 TRS 084379 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are"insureds"under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below, Endorsement Effective: Countersigned By: 01/15/2019 12:01 AM Named Insured' A PLUS DEMOLITION&EXCAVATION INC (Authorized Representative) SCHEDULE Name of Person(s)Or Organizatlorl CITY OF KENT PUBLIC WORKS DEPARTMENT 400 WESTOOWE KENT,WA 98032 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in section II of the Coverage Form, 0112GI201616:05302AB71F-EF7B4934 B53E 7F69FE398FA9 CA 2048 02 99 Copyright, Insurance Services Office, Inc., 1998 Page I of 1 u THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT Attached To and Fomrmg Part of POGcy Ef7e7ive Date of Endorsement � Nametl Insured 112-3 D1/15/2019 12 or AM at the Named Insured A Plus Demolition&Excavation address shown on the Declarations Addl6o�n�I Prernium: � Relur$POremium This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE ENVIRONMENTAL CONTRACTING AND PROFESSIONAL SERVICES LIABILITY COVERAGE PRODUCTS POLLUTION LIABILITY COVERAGE The insurance provided to Additional Insureds shall be excess with respect to any other valid and collectible insurance available to the Additional Insured unless the written contract specifically requires that this insurance apply on a primary and non-contributory basis, in which case this insurance shall be primary and non-contributory. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CA55003 0717 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION Attached To and Farming Part of Policy Effective Date of Endorsement Narned Insured 0100035112-3 01/15/2019 12:01AM at the Named Insured A Plus Demolition 6 Excavation address shown on the Declarations ...n_...................... .__........_......y.. . Additional Premium: Return Premium' $0 $0 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART .....__.................. ------- SCHEDULE Name of Additional Insured Person(s)or Organization(s) Location(s)of Covered Operations Blanket, as required by written contract. Information required to complete this schedule, if not shown above, will be shown in the Declarations. A.Section II—Who Is An Insured is amended to include B. With respect to the insurance afforded to these as an additional insured the person(s) or additional insureds, the following additional exclusions organization(s) shown in the Schedule, but only with apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or"personal and advertising injury" caused, 'property damage" occurring after: in whole or in part, by: 1. All work, including materials, parts or equipment 1. Your acts or omissions; or furnished in connection with such work, on the 2. The acts or omissions of those acting on your project(other than service, maintenance or behalf; repairs)to be performed by or on behalf of the in the performance of your ongoing operations for the additional insured(s) at the location of the covered additional insured(s) at the location(s) designated operations has been completed; or above. 2. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS Attached To and Forming Part of Policy Effective Date of Endcrsernenf Named Insured 0100035112-3 01/15/2019 12:01AM at the Named Insured A Plus Demolition&Excavation address shown on the Declarations ..................._ ..... Additional Premium: Return Premium; $0 $p This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE _..._......... __..... .m„ ...... ........_ Name of Additional Insured Persons)or Organization(s) ',, Location and Description of Completed_Operations Blanket, as required by written contract. EXCLUDES ALL NEW RESIDENTIAL CONSTRUCTION Your work"does not include new residential construction'', which means any building or structure not previously occupied, and designed or intended for occupancy in whole or in part as a residence by any person or persons. New residential construction"does not include apartments or apartment buildings or assisted living facilities. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorse- ment performed for that additional insured and in- cluded in the "products-completed operations hazard" ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 37 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 u �� III :� mN � uh I WN uPo � �•ry �-w uu it m �' i M @ 'm wM m.l I lo, ' WIC � u�w mum I Illmul ��. I f IIIV ���.MM„ tl IIIII II m� � i I '