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
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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
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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
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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 __ _
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Fairfield, OH 45018 ,AIL
,AQOIRE�+Ty- -...-_13 ou(S&81Paervice[I'1LIbrityrMur LYt CP31T4_�..
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..-.___... 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
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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
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A woaNEns coMPENaATION
AND EMPLOYERa'LIABILITY CTATIRF R --__
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ANYPROP0EMBERFXCLdEWEXECUTIVE rI�I EL.EACH ACCIDENT 31000 Oi)D
I avdi RIMEMNERERCLVDEO? L—J NIA
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tl ynv d+lYiHN!IrnWr Step Gap E L DISEASE�EA EMPLOYEE�j 1 nnn(Nln
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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'