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HomeMy WebLinkAboutCAG2019-080 - Original - Knotty Tree Service - Emergency Tree Removal at 24400 Military Rd S - 02/20/2019 ls� KENT 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, please contact the City Clerk's Office at 253-856-5725. Vendor Name: Knotty Tree Service Vendor Number (]DE): 160998 Contract Number (City Clerk): Category: _Contract Agreement Sub-Category (if applicable): None Project Name: Emergency Tree Removal at Seattle Property (W Hill Prop) Contract Execution Date: 02/07/2019 Termination Date: 02/08/2019 Quientin Poil Parks Contract Manager: Department: Contract Amount: $1980.00 Budgeted: Grant? Part of NEW Budget: Local: State: Federal: Related to a New Position: Notice required prior to public disclosure? Basis for Selection of Contractor? Other Approval Authority: ❑✓ SIDiraet9� Mayor El City Council vpa«3t' X- Other Details: Emeroencv tree removal at the Seattle Property located at 24400 .. ------- Military Road South. Kent WA 98032 (aka West Hill Prooertv) '`°�• K E N T PUBLIC WORKS AGREEMENT between City of Kent and Knotty Tree Service THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Knotty Tree Service organized under the laws of the State of Washington, located and doing business at 26425 142°d Avenue E, Buckley WA 98321-8937, Mailing address: P.O. Box 473, South Prairie, WA 98385-0473. Contact: Glenn Thompson, Phone: 206-605-9352 (hereinafter the "Contractor"). GrREEME T The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: The Contractor shall remove tree at the following location: Seattle Property - 24400 Military Road South, Kent WA 98032 Description of work as per Contractor's Proposal dated 01/26/2019, attached and marked as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by February 8, 2019. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed ONE THOUSAND NINE HUNDRED EIGHT DOLLARS AND NO CENTS ($1980.00), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. N4 Payment and P rf rmance_Bclnd. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B, Sze ina e. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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 Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. 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 Contractor 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 Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D, The Contractor 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 Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) F, The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor 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. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor 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 Contractor 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 Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor'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. Nat_ iGe of Claim.. Provide a signed written notice of claim that provides the following information: 1, The date of the Contractor'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 Contractor is asserting a schedule change or disruption. B. Records. The Contractor 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 Contractor'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. Contractor's Vu tcroomalete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D„ Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Fail'ure to Fofl w Procedures Constl tes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR 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 CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor 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. Contractor 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. XII. INDEMNIFICATION. Contractor 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 Contractor'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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 Contractor 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 Contractor's part, then Contractor 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 Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor 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. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor 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 Contractor's own risk, and Contractor 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. PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver-of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Re solution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; pr_ov_ided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. A riitten Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. _Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public R cords Act. The Contractor 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 Contractor 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 Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) J. City Business License Retyuired. 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. t?ut tergarts and Signatures y 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. CONTRACTOR: CITYt0 -By' .........., By ._ (signature) (signature) Print Name: �t .,x ' 'j j4A Print Name: Garin Lee, Its p ... Its: Parks Operations Superintendent (title) DATE: 2 1..r_14 ................... . DATE: ! NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Glenn Thompson Quientin Poil, West Operation Supervisor/ Knotty Tree Service City Arborist P.O. BOx 473 City of Kent South Prairie, WA 98385 220 Fourth Avenue South Kent, WA 98032 (206) 605-9352 (telephone) n/a (facsimile) (253) 856-5127 (telephone) (253) 856-6120 (facsimile) ... ...... . ......,_ _.. - .......... _. _ -......- ATTEST: Kent City Clerk PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. For: Y4 y ----.-..—...— �_ .f:u Se.r a Title: ow n z r Date: 19 ..___._. EEO COMPLIANCE DOCUMENTS - 1 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 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 2 1 - is (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: v �wr ._ �....... For; Title: EEO COMPLIANCE DOCUMENTS - 3 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (January 1, 2019), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Knotty Tree Service �... By: ............ _.........._, Signature of Authorized Official* Printed Name: �. 1+ - , � y u ,_ ,. .¢. Title: C Date: 2 1 - t o1 City and Stater a., I ..... b_, _.. *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A Knotty Tree Service PROPOSAL PO BOX 473 South Prairie, WA 98385 Phone 206.605.9352 DATE,1-26-19 TO: FOR: City of Kent Tree Removals DESCRIPTION HOURS RATE AMOUNT Seattle Property-cut down large cottonwood tree, leave all debris in 1,800.00 wooded area, leave as 25' wildlife snag North Meridian - cut down 3 alder trees, leave all debris in greenbelt 2,450.00 area Applicable TAX will be added TOTAL Thank you for the opportunity to work with you on this project. Glenn Thank you for your business! 1/3 012 0 1 9 about blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1/30/2019 County Trade Job Classification Wage Holiday Overtime Note King LAbgrers Air, Gas Or Electric Vibrating $48.90 7A 31 Screed King Laborers Airtrac Drill Operator $50.42 7A 31 King Laborers Ballast Regular Machine $48.90 7A 31 King Laborers Batch Weighman $41.45 7A 31 King Laborers Brick Pavers $48.90 7A 31 King Laborers Brush Cutter $48.90 7A 31 King Laborers Brush Hog Feeder $48.90 7A 31 King Laborers Burner $48.90 7A 31 King Laborers Caisson Worker $50.42 7A 31 King Laborers Carpenter Tender $48.90 7A 31 King Laborers Caulker $48.90 7A 31 King Laborers Cement Dumper-paving $49.81 7A 31 King Laborers Cement Finisher Tender $48.90 7A 31 King Laborers Change House Or Dry Shack $48.90 7A 31 King Laborers Chipping Gun (under30 Lbs.) $48.90 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 31 King Laborers Choker Setter $48.90 7A 31 King Laborers Chuck Tender $48.90 7A 31 King Laborers Clary Power Spreader $49.81 7A 31 King Laborers Clean-up Laborer $48.90 7A 31 King Laborers Concrete Dumper/chute Operator $49.81 7A 31 King Laborers Concrete Form Stripper $48.90 7A 31 King Laborers Concrete Placement Crew $49.81 7A 31 King Laborers Concrete Saw Operator/core $49.81 7A 31 Driller King Lab rimers Crusher Feeder $41.45 7A 31 King Laborers Curing Laborer $48.90 7A 31 King I- ores Demolition: Wrecking @ Moving $48.90 7A 31 (incl. Charred Material) King Laborers Ditch Digger $48.90 7A 31 King Laborers Diver $50.42 7A 31 about,blank 1/4 1/30/2019 about:blank King Laborers Drill Operator $49.81 7A 31 (hydraulic,diamond) King Laborers Dry Stack Walls $48.90 7A 31 King Laborers Dump Person $48.90 7A 31 King Laborers Epoxy Technician $48.90 7A 31 King Laborers Erosion Control Worker $48.90 7A 31 King Laborers Falter 8: Bucker Chain Saw $49.81 7A 31 King Laborers Fine Graders $48.90 7A 31 King Laborers Firewatch $41.45 7A 31 King Laborers Form Setter $48.90 7A 31 King Laborers Gabian Basket Builders $48.90 7A 31 King Laborers General Laborer $48,90 7A 31 King Laborers Grade Checker Ft Transit Person $50.42 7A 31 King Laborers Grinders $48.90 7A 31 King Laborers Grout Machine Tender $48.90 7A 31 King Laborers Groutmen (pressure)including $49.81 7A 31 Post Tension Beams King Laborers Guardrait Erector $48.90 7A 31 King Laborers Hazardous Waste Worker (level A) $50.42 7A 31 King Laborers Hazardous Waste Worker (level B) $49.81 7A 31 King Laborers Hazardous Waste Worker (level C) $48.90 7A 31 King Laborers High Scaler $50.42 7A 31 King Laborers Jackhammer $49.81 7A 31 King Laborers Laserbeam Operator $49.81 7A 31 King Laborers Maintenance Person $48.90 7A 31 King Laborers Manhole Builder-mudman $49.81 7A 31 King Laborers Material Yard Person $48.90 7A 31 King Laborers Motorman-dinky Locomotive $49.81 7A 31 King Laborers Nozzleman (concrete Pump, $49.81 7A 31 Green Cutter When Using Combination Of High Pressure Air Ft Water On Concrete @ Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $49.81 7A, 31 King Laborers Pilot Car $41.45 7A 31 King Laborers Pipe Layer Lead $50.42 7A 31 King Laborers Pipe Layer/tailor $49.81 77A 31 King Laborers Pipe Pot Tender $49.81 7A 31 King Laborers Pipe Reliner $49.81 7A 31 King Laborers Pipe Wrapper $49.81 7A 31 King Laborers Pot Tender $48.90 7A 31 King Laborers Powderman $50.42 7A 31 King Laborers Powderman's Hetper $48.90 7A 31 King Laborers Power Jacks $49.81 7A 31 King Laborers Railroad Spike Putter - Power $49.81 77A 31 King Laborers Raker - Asphatt $50.42 77A 31 King Laborers Re-timberman $50.42 7A 31 about:blank 214 1/3 012 0 1 9 about:blank King Laborers Remote Equipment Operator $49.81 7A 31 King Laborers Rigger/signal Person $49.81 7A 31 King Laborers Rip Rap Person $48.90 7A 31 King Laborers Rivet Buster $49.81 7A 31 King Laborers Rodder $49.81 7A 31 King Laborers Scaffold Erector $48.90 7A 31 King Laborers Scale Person $48.90 7A 31 King Laborers Sloper (over 20") $49.81 7A 31, King Laborers Sloper Sprayer $48.90 7A 31, King Laborers Spreader (concrete) $49.81 7A 31, King Laborers Stake Hopper $48.90 7A 31 King Laborers Stock Pi ter $48.90 7A 31 King Laborers Tamper Et Similar Electric, Air fr $49.81 7A 31 Gas Operated Tools King Laborers Tamper (multiple Et Self- $49.81 7A 31 propelled) King Laborers Timber Person - Sewer (lagger, $49.81 7A 31 Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $48.90 7A 31 King Laborers Topper $48.90 7A 31 King Laborers Track Laborer $48.90 7A 31 King Laborers Track Liner (power) $49.81 7A 31 King Laborers Traffic Control Laborer $44.33 7A 31 8R King Laborers Traffic Control Supervisor $44.33 7A 31 8R King Laborers Truck Spotter $48.90 7A 31 King Laborers Tugger Operator $49.81 7A 31 King Laborers Tunnel Work-Compressed Air $107.60 7A 31 8Q Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $112.63 7A 31 8Q Worker 30.01-44.00 psi King -L4borr;rs Tunnel Work-Compressed Air $116.31 7A 31 8Q Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $122.01 7A 31 8Q Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $124.13 7A 31 8Q Worker 60.01-64.00 psi King laborers, Tunnel Work-Compressed Air $129.23 7A 31 8Q Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $131.13 7A 31 8Q Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $133.13 7A 31 8Q Worker 70.01-72.00 psi King La bore Tunnel Work-Compressed Air $135.13 7A 31 8Q Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $50.52 7A 31 8Q Tender King Ldbqrqr§ Tunnel Work-Miner $50.52 7A 31 8Q King Laborers Vibrator $49.81 7A 31 King Laborers Vinyl Seamer $48.90 7A 31 King Laborers Watchman $37.67 7A 31 about:blank 314 1/3 012 01 9 aboutblank King Laborer Welder $49.81 7A 31 King Laborers Well Point Laborer $49.81 7A 31 King Laborers Window Washer/cleaner $37.67 7A 31 aboutblank 414 EXHIBIT B INSURANCE 'REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below 16utornobftC° L@" f8ity insurance covering all awned, 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. CoT mercial (w{vueeal tiat ilk 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. 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. Wgrk_,er-s,'mCgMI.) n aticart 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. Aultam� ,lq„_tr%ab (ly insurance with a minimum combined single limit for, bodily injury and property damage of $1,000,000 per accident. 2. commercial General Liabilik� insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 generai aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBITS (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 Ccrtifgate of Insuralnce,, 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 ANIL 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. a CERTIFICATE OF LIABILITY INSURANCE DATEIAt•YDDrYYYY) 1/81P20'U9 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 cortificdle holder Wan ADDITIONAL INSU'RED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.' IT SUBROGATION IS WAIVED, subject to the terms and conditions of the pofley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cer0fioste holder in lieu of such endorsement s iTbWyi PRODUCER Liberty Mutual, Insurance wA _ PCI Box 188055 PRO __ _ -NA IK»..EANa...I 800987 N132 ,992,S...b'.41..,., H00 H4ri "dBPaG Fairfield, OH 45018 ,AIL ,AQOIRE�+Ty- -...-_13 ou(S&81Paervice[I'1LIbrityrMur LYt CP31T4_�.. NAW0 _.. ..-.___... WSURERA. WdeDt,hmBriran lnsulranoe CoTDSIi rjy g19URED INSURER a Ohio Security Insurance Comoarn 24082 Glens fhDinson & BiN Lealy --- - DrB�yA KnGtW Tree Service INSURER D Ohio Casualiv Insurance Comoanv 24074 PO Box 4' -INSURER O R : South Prairie WA 98385 -SU edSURER E INSURER F' COVERAGES CERTIFICATE'.NUMBER: 4664'/S85 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR .. !LIMIT ....., ..hDtlti rTaSP ..... LTI4 WSURANCE wM POLICY NUMBER PM1'N_NCV)Dry POLFCY EAP A ENERAL LUBILDY ous ..__..... - urWOn" LIMRS ✓ ✓ BKW57011757 12/29l2018 12/2912019 FAIHrXLCURRENYE s1000000 ADI N u('I,AR GEN J0-hl'PI IF.:: t fY �EGATE j2 ODO ODO IGENERAL AG 11-1 V I parley I1u. PRoouers propA GI f2000000 G B IABILITY �_. __... LS'MZINECY SING� B Y.dM AUTOMOBILE L l7 '- BAS57011757 1212912018 12129l2019 LEB acnUrlanll,,,,,,_ .4$1 000 000 ANY AUTO BODILY INJURY rPNI Person)--I_S ._._. --.--OWNED --..SCHEDULED .—... -i _ __ .AUTOS ONLY ✓ AUTOS BODILY INJURY(Psr amoenL)I$ HIRED _..' NON-OWNED PROFERYV DAMAd� .,✓ AUTOS ONLY ✓ AUTOS ONLY C ✓ VMeRELLA UA6 ✓OCCUR ...._.. ._. .w..._,............. ........._ .....__- US057011757 12l29l2019 12/29/2019 EACH OCCURRENCE f 1.1900 OOU CEO ✓ RETENTION 510.000 MADE AGGREGAT S 1 000 OOO �— BKVV57011757 12/2912018 1212912019 nu j- ...,_. 0 000 A woaNEns coMPENaATION AND EMPLOYERa'LIABILITY CTATIRF R --__ YIN ,- ..,. ... .. ANYPROP0EMBERFXCLdEWEXECUTIVE rI�I EL.EACH ACCIDENT 31000 Oi)D I avdi RIMEMNERERCLVDEO? L—J NIA IMarWaturyla m ._ ..,_. ...... ,...,_.. tl ynv d+lYiHN!IrnWr Step Gap E L DISEASE�EA EMPLOYEE�j 1 nnn(Nln CJk;.. RI!`[h�M'S}p P}1°ERATIfrryU nw,l�w. -. .. ... .uw,v_...,... .. L E1-DISEASE-POLICY LIMfr f100013(MI DEaCRHTNJN OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101,Adtlltlonal RemahA echedu N,may Ee nita ched ITmora Wace is renulredl City of Kent,Washington is Additional Insured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Promion, 30 Day Notice of Cancellation 10 Day Notice of Cancellation for Cancellation for Non-Payment of Premium applies. CERTIFICATE HOLDER CANCELLATION GXty Of Kent, WaShinqton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 22tY Fourth AvenueSOL t1T THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Kent WA 98032 A UTHORIZED REPREsENTATINE F I Karen WarsallaJ�'rTp � 6 1 98 8-2015 ACORD CORPORATION, AN rights reserved. ACORDD 25(201W D3) The ACOIRI@ n&mire and logo are registered winarhs of ACORD City of Kent Business License KNOTTY TREE SERVICE P O BOX 473 SOUTH PRAIRIE„ WA 98385 Please tear at perforation -- -------------------------------- - -- ----------- BUSINESS LICENSE p"��"a82 mus14 t lo,nioded and use tax must be coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for ali qualified JANUARY Ist TO AVOID PENALTY sales within the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with Slate and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE.NOT TRANSFERABLE OR ASSIGNABLE 2019 NAME AND ADDRESS OF BUSINESS �\ BLOC-2190703 KNOTTY TREE SERVICE MAYOR 26425 142ND ST E The City of Kent Tax Registration 3' BUCKLEY, WA 98321 Endorsement Ai220dJIIAVt_SO KEN'1,WA rl19ClCN9ft 3'