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HomeMy WebLinkAboutCAG2019-454 - Original - Knotty Tree Service - Emergency Tree Removal Next to North Meridian Park - 10/23/2019 Agreement Routing Form KENT For Approvals, Signatures and Records Management Director initials WASH INGTGN This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. (Print on pink or cherry colored paper) Manager initials Originator. San Applegate Department: Parks Date Sent: 10/29/2019 Date Required. n/a > Authorized Bireetcrr SuPew IIe7*-senf Date of n, to Sign: !ks/yna� Council n/a ac. Mayor Approval: Budget 10006600.64190.5496 Grant? Yes ❑✓ No Account Number: Type: N/A Vendor Knotty Tree Service Category: Contract Name: = Vendor 160998 Sub-Category O Number. IZ it it ProNome: Emergency Tree Removal at residence next to North Meridian Park. O = Project Details: Remove (3) alder trees at 22815 125th Ave SE, Kent. E Agreement $2695.00 Basis for d Amount: Selection of Other L Contractor: a Start Date: 10/23/2019 Termination Date: 10/25/2019 Notice required prior to ❑ Yes Z No Contract Number. disclosure? Date Received by City Attorney: Comments: c 3 0 DC a� L 3 R Date Routed to the Mayor's Office: N y Date Routed to the City Clerk's Office: d Date Sent to Originator. Visit Documents.KentWA.gov to obtain copies of all agreements adccW22373_6_19 KENT W<5'yk GTON 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 142ND AVENUE EAST, 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"). AGREEMENT 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: Contractor will remove trees at the following location: 22815 1251h Avenue SE, Kent, WA 98031 - owened by Derek Harris, borders North Meridian Park. Cut down and remove (3) alders and leave debris in greenbelt area. Description of work per Contractor's Proposal dated 10-09-2019 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 October 25th 2019 . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed TWO THOUSAND SIX HUNDRED NINETY FIVE DOLLARS AND NO CENTS ($2695.00), 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. No Payment and Performance Bond. 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. Retainaae. 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. Notice 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 Duty to Complete 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. Failure to Follow Procedures Constitutes 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. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and 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 Records 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 Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. 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: CITY OF KENT: By' By: (signature) ignature) Print Name: 7L o.. D f e.. Print Name: Ben Levenhagen Its ovrn< < Its: Acting Superendent (title) DATE: 10 -23 - Io1 DATE: � 213� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Glenn Thompson Mike Brundage, Park Urban Forester Knotty Tree Service City of Kent P.O. Box 473 220 Fourth Avenue South South Prairie, WA 98385 Kent, WA 98032 (206) 605-9352 (telephone) (253) 856-5136 or (206) 437-9003 (telephone) n/a (facsimile) (253) 856-6120 (facsimile) A;TTT, Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] 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. By: For:. �.� � '_, t� Stiy►cam Title: ry`C Date: �� -Z-'3 - °l 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 (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 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 the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of ch pt rs 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: \V� Signature of Authorized Official* Printed Name: ���„ „�, 15 a ,•� Title: r Date: \a - 'L3 - \°\ City and State: 7N. e.l��,n,� *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 Knotty Tree Service EXHIBIT A PROPOSAL PO BOX 473 South Prairie, WA 98385 Phone 206.605.9352 DATE:10-9-19 TO: FOR: City of Kent Tree Removals DESCRIPTION HOURS RATE AMOUNT 22815 125th Ave SE - cut down 3 alder trees, leave all debris in greenbelt area 2,450.00 Applicable TAX will be added TOTAL 2,450.00 Thank you for the opportunity to work with you on this project. Glenn Thank you for your business! 9/23/2019 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: 9/23/2019 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $50.86 7A 4V 8Y View King Laborers Airtrac Drill Operator $52.44 7A 4V 8Y View King Laborers Ballast Regular Machine $50.86 7A 4V 8Y View King Laborers Batch Weighman $43.11 7A 4V 8Y View King Laborers Brick Pavers $50.86 7A 4V 8Y View King Laborers Brush Cutter $50.86 7A 4V 8Y View King Laborers Brush Hog Feeder $50.86 7A 4V 8Y View King Laborers Burner $50.86 7A 4V 8Y View King Laborers Caisson Worker $52.44 7A 4V 8Y View King Laborers Carpenter Tender $50.86 7A 4V 8Y View King Laborers Cement Dumper-paving $51.80 7A 4V 8Y View King Laborers Cement Finisher Tender $50.86 7A 4V 8Y View King Laborers Change House Or Dry Shack $50.86 7A 4V 8Y View King Laborers Chipping Gun (30 Lbs. And Over) $51.80 7A 4V 8Y View King Laborers Chipping Gun (Under 30 Lbs.) $50.86 7A 4V 8Y View King Laborers Choker Setter $50.86 7A 4V 8Y View King Laborers Chuck Tender $50.86 7A 4V 8Y View King Laborers Clary Power Spreader $51.80 7A 4V 8Y View King Laborers Clean-up Laborer $50.86 7A 4V 8Y View King Laborers Concrete Dumper/Chute Operator $51.80 7A 4V 8Y View King Laborers Concrete Form Stripper $50.86 7A 4V 8Y View King Laborers Concrete Placement Crew $51.80 7A 4V 8Y View King Laborers Concrete Saw Operator/Core Driller $51.80 7A 4V 8Y View King Laborers Crusher Feeder $43.11 7A 4V 8Y View King Laborers Curing Laborer $50.86 7A 4V 8Y View King Laborers Demolition: Wrecking i3 Moving (Incl. $50.86 7A 4V 8Y View Charred Material) King Laborers Ditch Digger $50.86 7A 4V 8Y View King Laborers Diver $52.44 7A 4V 8Y View King Laborers Drill Operator (Hydraulic, Diamond) $51.80 7A 4V 8Y View King Laborers Dry Stack Walls $50.86 7A 4V 8Y View King Laborers Dump Person $50.86 7A 4V 8Y View King Laborers Epoxy Technician $50.86 7A 4V 8Y View King Laborers Erosion Control Worker $50.86 7A 4V 8Y View X King Laborers Faller£t Bucker Chain Saw $51.80 7A 4V BY View King Laborers Fine Graders $50.86 7A 4V 8Y View King Laborers Firewatch $43.11 7A 4V 8Y View about blank 1/3 9/23/2019 about:blank King Laborers Form Setter $50.86 7A 4V 8Y View King Laborers Gabian Basket Builders $50.86 7A 4V 8Y View King Laborers General Laborer $50.86 7A 4V 8Y View King Laborers Grade Checker Et Transit Person $52.44 7A 4V 8Y View King Laborers Grinders $50.86 7A 4V 8Y View King Laborers Grout Machine Tender $50.86 7A 4V 8Y View King Laborers Groutmen (Pressure) Including Post $51.80 7A 4V 8Y View Tension Beams King Laborers Guardrail Erector $50.86 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level A) $52.44 7A 4V 8Y View King Laborers Hazardous Waste Worker (Level B) $51.80 7A 4V 8Y View King Laborers Hazardous Waste Worker(Level C) $50.86 7A 4V 8Y View King Laborers High Scaler $52.44 7A 4V 8Y View King Laborers Jackhammer $51.80 7A 4V 8Y View King Laborers Laserbeam Operator $51.80 7A 4V 8Y View King Laborers Maintenance Person $50.86 7A 4V 8Y View King Laborers Manhole Builder-Mudman $51.80 7A 4V 8Y View King Laborers Material Yard Person $50.86 7A 4V 8Y View King Laborers Motorman-Dinky Locomotive $51.80 7A 4V 8Y View King Laborers Nozzleman (Concrete Pump, Green $51.80 7A 4V 8Y View Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Blaster, Vacuum Blaster) King Laborers Pavement Breaker $51.80 7A 4V 8Y View King Laborers Pilot Car $43.11 7A 4V 8Y View King Laborers Pipe Layer Lead $52.44 7A 4V 8Y View King Laborers Pipe Layer/Tailor $51.80 7A 4V 8Y View King Laborers Pipe Pot Tender $51.80 7A 4V 8Y View King Laborers Pipe Reliner $51.80 7A 4V 8Y View King Laborers Pipe Wrapper $51.80 7A 4V 8Y View King Laborers Pot Tender $50.86 7A 4V 8Y View King Laborers Powderman $52.44 7A 4V 8Y View King Laborers Powderman's Helper $50.86 7A 4V 8Y View King Laborers Power Jacks $51.80 7A 4V 8Y View King Laborers Railroad Spike Puller- Power $51.80 7A 4V 8Y View King Laborers Raker-Asphalt $52.44 7A 4V 8Y View King Laborers Re-timberman $52.44 7A 4V 8Y View King Laborers Remote Equipment Operator $51.80 7A 4V 8Y View King Laborers Rigger/Signal Person $51.80 7A 4V 8Y View King Laborers Rip Rap Person $50.86 7A 4V 8Y View King Laborers Rivet Buster $51.80 7A 4V 8Y View King Laborers Rodder $51.80 7A 4V 8Y View King Laborers Scaffold Erector $50.86 7A 4V 8Y View King Laborers Scale Person $50.86 7A 4V 8Y View King Laborers Sloper(Over 20") $51.80 7A 4V 8Y View King Laborers Sloper Sprayer $50.86 7A 4V 8Y View King Laborers Spreader (Concrete) $51.80 7A 4V 8Y View King Laborers Stake Hopper $50.86 7A 4V 8Y View King Laborers Stock Piler $50.86 7A 4V 8Y View King Laborers Swinging Stage/Boatswain Chair $43.11 7A 4V 8Y View King Laborers Tamper Et Similar Electric, Air Et Gas $51.80 7A 4V 8Y View Operated Tools about:blank 2/3 9/23/2019 about:blank King Laborers Tamper (Multiple Et Self-propelled) $51.80 7A 4V 8Y View King Laborers Timber Person - Sewer (Lagger, $51.80 7A 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $50.86 7A 4V 8Y View King Laborers Topper $50.86 7A 4V 8Y View King Laborers Track Laborer $50.86 7A 4V 8Y View King Laborers Track Liner (Power) $51.80 7A 4V 8Y View King Laborers Traffic Control Laborer $46.10 7A 4V 9C View King Laborers Traffic Control Supervisor $46.10 7A 4V 9C View King Laborers Truck Spotter $50.86 7A 4V 8Y View King Laborers Tugger Operator $51.80 7A 4V 8Y View King Laborers Tunnel Work-Compressed Air Worker $120.61 7A 4V 9B View 0-30 psi King Laborers Tunnel Work-Compressed Air Worker $125.64 7A 4V 9B View 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air Worker $129.32 7A 4V 9B View 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air Worker $135.02 7A 4V 9B View 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air Worker $137.14 7A 4V 9B View 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air Worker $142.24 7A 4V 9B View 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air Worker $144.14 7A 4V 9B View 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air Worker $146.14 7A 4V 9B View 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air Worker $148.14 7A 4V 9B View 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock Tender $52.54 7A 4V 8Y View King Laborers Tunnel Work-Guage and Lock Tender $52.54 7A 4V 8Y View King Laborers Vibrator $51.80 7A 4V 8Y View King Laborers Vinyl Seamer $50.86 7A 4V 8Y View King Laborers Watchman $39.18 7A 4V 8Y View King Laborers Welder $51.80 7A 4V 8Y View King Laborers Well Point Laborer $51.80 7A 4V 8Y View King Laborers Window Washer/Cleaner $39.18 7A 4V 8Y View about:blank 3/3 EXHIBIT B INSURANCE REQUIREMENT'S 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: I. Automobile Liabillity insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The 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. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued, C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute Wth it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. ACC>lR`" (CERTIFICATE 4F LIABILITY INSURANCE DA-MNNW/YYYYj V3112019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFtCATE 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 tNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holier is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. I Paoauc" Liberty Mutual Insurance c N A PO BOX 188065 I Fairfield, OH 45418 PHONE 800-962-7132 !FAx �: 8170-845-3666 ADDRESS. BusinessServi tbert tual.com INS S)AFFORDING COVERAGE NAB INSURER A: West American Insurance an ; 44M Glenn Thomson & Bill Fealy n+ I INSURER s: Ohio SecurityInsurance Co an f 24482 G QBA Knotty Tree Service JNSURER c: Ohio Casualty Insurance 24074 PO BOX 4,3 INSURERD: South Prairie WA 98385 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 468447885 REVIMN 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 T O 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. IN3R i LT POLICY E# ; 1"Ot/CY EXP R TYPE Of' tfSI/RANCEimp POLICY NUUSER i LIiH15 A ✓ 'COtiYERCIAL GENERAL LbRWLtTY ✓ BKW57011757 ; 1212912018 12/2912019 I EACH ocCURRENCE €1 00(}000 1 CLAIMS-MADE ! v ;OCCUR ` I Fi�E ,Ea oecturence €1 D00�4Q0 MED EXP(Any orte person) �€15 D00 PERSONA,&ADV INJURY �€1,000,000 G§tM AGGREGATE LIMIT APPLES PER: i GENERAL AGGREGATE €2,000,000 ✓ 'POLICY nJECT LDC ' PRODUCTS-COMP/OP aCc OTHER. €2,00000 0� € B AuroWOWAELw rrY [BAS57011757 12129P2018 12129/2019 CE O EDIStN6lELeah j€1,000000 :ANY AUTO I BODILY INJURY(Per ) i OWNED SCHEDULED person f I ! AUTOS ONLY ✓ AUTOS BODILY NJURY(per accident)1$HIRED NON-ONNED — ✓ AUTC6 ONLY ✓ AUTOS ONLY i ! e tDAMAUE i$ C ✓ taYDAEtA LIAs ✓ OCCUR US057011757 12/2912018 12/29/2019 EACH OCCURRENCE €1 0{I0 000 E7ECirli I" CLAWS-MADE ! AGGREGATE €1 0 0(l0 DIED ✓ RETENTION 510.000 j € A ���OYESIr UAsILrtY Y f N i SIC19+5701175? 12f29t2018 12129J2019 STA TE ' ANYRROPR3ETorLPARTNERfEXECUTME j 1 ER OFFIC'EP.IMM EREXCLUDED? D NIA E.L.EACH ACCIDENT €1 QQQ,QQQ klikilwdalory in Nw) — N yy¢es,describe uncle Stop Gap E.L.DISEASE-EA EWLOYEEI€ OESCRtP'rrOrJ OF OPERA-IONS�4xv E.L DISEASE-POLICY LIMIT !€1 OQ(3.QQjJ — � f � f 7 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) City of Kent.Washington is Additional insured if required by written Contract or written agreement Subject to General Liability Blanket Additional Insured Provision. 3fl i3ay Notice of Cancellation 10 Day Notice of Cancellation for Cancellation for Non-Payment of Premium app4ies. CERTIFICATE MOLDER CANCELLATION City of Kent, Wash' tan SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 22" Fourth Avenue �Uth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Kent WA 98032 ACCORDANCE VATH THE POLICY PROVISIONS. AUTHORIZEDREPRESENTATNE ! Karen Warsalia 4u, CtJ ;-,vu(Va_ ©19"-2015 ACORD CORPORATION. All rights rtserved. ACORN 25(2016103) The ACORD rom and toga are re red marks of ACORD 1ea47"S 1 '701175' 1 18-1) ?+as'ar r,t.y ti::a-., 1 ."-a ran %acx,v!!a I 1/11/2019 City of Kent Business License KNOTTY TREE SERVICE P O BOX 473 SOUTH PRAIRIE, WA 98385 Please tear at perforation -------------------------------- BUSINESS LICENSE Per RCW 82.14 local sales and use tax must be coded LICENSE MUST BE PAID ANNUALLY BY No. 1715 for all qualified JANUARY Ist TO AVOID PENALTY sales within the city of Issuance of License Does Not Imply Licensee's Kent. Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 2019 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2180703 Ck (N - KNOTTY TREE SERVICE MAYOR 26425 142ND ST E Tax Registration The City of Kent BUCKLEY,WA 98321 Endorsement At 2204111 AVE so KIND.WASHINGfON 98032