HomeMy WebLinkAboutCAG2020-153 - Original - Mitchell Diving - Diving Services at Lake Meridian -Agreement Routing FormKENTFor Approva ls, Sig natures and Records ManagementThis form combines & replaces the Request for Mayor! Signature and Contract Cover Sheet forms.(print on pink or cherry colored paper)Visit Documents.KentWA.gov to obtain copies of all agreementsWaSHtNGToNDepartment:Parks, Recreation & Community ServicesDate Required:Date of Council Approval:Grant? trYes ENoType:Originator:Jan ApplegateDate Sent:affitM oblot lzoAuthorized to Sign:ElDirector or Designee E MayorBudget Account Number:1 0006600.64190.5380Budget? EYes E NoGoLCLCLCategory:ContractSub-Category:Prolect Name: Diving Services at Lake MeridianProject Details:Basis for Selection of Contractor: OthefTerminarion Dare: 0913012020Local Business? EYes El No**lf meets requirements per KCC 3.70.100, please complete "Vendor Purchase-Local Exceptions" farm on Cityspace.Contract Number:Vendor Name:Thane Thomas Mitchell dba Mitchell DivingVendor Number:1745195Notice required prior to disclosure?EYes El NoAgreement Amounr: $ 5,205.20start Date: 0610112020tro+,oELoI-E+,goEa,(ULolComments:Date Routed to the Mayor's Office:Date Routed to the City Clerk's Office:Date Received by City Attorney:CtrcP5\roa*o=E,iGg.9(nadccw223il_1,20
KENTWaSHTNGToNGOODS & SERVICES AGREEMENTbetween the City of Kent andThane Thomas Mitchelldba Mitchell DivingTHIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation(hereinafter the "City"), and Thane Thomas Mitchell dba Mitchell Diving organized under the laws of theState of Washington, located and doing business at322 NW 77th Street, Seattle WA 98117-4011; phone:(206) 948-2552; Contact: Thane Mltchell (hereinafter the "Vendor").AGREEMENTI.DESCRIPTION OF WORK.Vendor shall provide the following goods and materials and/or perform the following services forthe City:Diving services for the initial hand removal and subsequent maintenance of milfoil and otheraquatic weeds by scuba divers at Lake Meridian Park located at 14800 SE 272"d Street, KentWA 98042, Milfoil and other aquatic weeds to be placed at a dewatering location on site forParks staff to remove and dispose of and the removal and bagging of garbage found in workares (bags will be provided and picked up by Parks staff). The hourly rate includesequipment and air costs. All work as described in Work Estimate #LO26 dated O4/3O/2O2Oattached herewith and marked as Exhibit A.Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,materials, or services and that the City maintains its unqualified right to obtain these goods, materials,and services through other sources.II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall completethe work and provide all goods, materials, and services September 30, 2020IIL COMPENSATION. The City shall pay the Vendor an amount not to exceed FIVETHOUSAND TWO HUNDRED FIVE DOLLARS AND TWENTY CENTS ($5,205.20), including applicableWashington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. TheCity shall pay the Vendor the following amounts according to the following schedule:Vendor will submit the first invoice upon completion of the initial dive and subsequentinvoices for maintenance dives upon completion from which the City will pay. Invoices to besu bm itted electron ica I ly to Accou ntsPayable@ KentWA. govGOODS & SERVICES AGREEMENT - 1($20,000 or Less, incl. WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the optionto only pay that portion of the invoice not in dispute. In that event, the parties will immediately makeevery effort to settle the disputed portion.A.Defective or Unauthorized Work. The City reserves its right to withhold payment fromVendor for any defective or unauthorized goods, materials or services. If Vendor is unable,for any reason, to complete any part of this Agreement, the City may obtain the goods,materials or services from other sources, and Vendor shall be liable to the City for anyadditional costs incurred by the City. "Additional costs" shall mean all reasonable costs,including legal costs and attorney fees, incurred by the City beyond the maximumAgreement price specified above. The City further reserves its right to deduct theseadditional costs incurred to complete this Agreement with other sources, from any and allamounts due or to become due the Vendor.F|NAI PAvMent: Waiver of C|aims. VENDOR,S ACCEPTANCE OF FINAL PAYMENT SHALLCONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADEAND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENTIS MADE.IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and inaccordance with Ch. 51.08 RCW, the parties make the following representations:A. The Vendor has the ability to control and direct the performance and details of itswork, the City being interested only in the results obtained under this Agreement.The Vendor maintains and pays for its own place of business from which Vendor'sservices under this Agreement will be performed.The Vendor has an established and independent business that is eligible for abusiness deduction for federal income tax purposes that existed before the Cityretained Vendor's services, or the Vendor is engaged in an independently establishedtrade, occupation, profession, or business of the same nature as that involved underthis Agreement.The Vendor is responsible for filing as they become due all necessary tax documentswith appropriate federal and state agencies, including the Internal Revenue Serviceand the state Department of Revenue.The Vendor has registered its business and established an account with the stateDepartment of Revenue and other state agencies as may be required by Vendor'sbusiness, and has obtained a Unified Business Identifier (UBI) number from theState of Washington.FThe Vendor maintains a set of books dedicated to the expenses and earnings of itsbusiness.V. TERMINATION. Either party may terminate this Agreement, with or without cause, uponproviding the other party thirty (30) days written notice at its address set forth on the signature block ofthis Agreement.VI. CHANGES. The City may issue a written amendment for any change in the goods,materials or services to be provided during the performance of this Agreement. If the Vendor determines,for any reason, that an amendment is necessary, Vendor must submit a written amendment request tothe person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14)calendar days of the date Vendor knew or should have known of the facts and events giving rise to therequested change. If the City determines that the change increases or decreases the Vendor's costs ortime for performance, the City will make an equitable adjustment. The City will attempt, in good faith, toGOODS & SERVICES AGREEMENT - 2($20,000 or Less, including WSST)BB.c.DE
reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable toagree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shallproceed with the amended work upon receiving either a written amendment from the City or an oral orderfrom the City before actually receiving the written amendment. If the Vendor fails to require anamendment within the time allowed, the Vendor waives its right to make any claim or submit subsequentamendment requests for that portion of the contract work. If the Vendor disagrees with the equitableadjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest theadjustment as provided in subsections A through E of Section VII, Claims, below.The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separateacceptance, or (3) not protesting in the way this section provides. An amendment that is accepted byVendor as provided in this section shall constitute full payment and final settlement of all claims forcontract time and for direct, indirect and consequential costs, including costs of delays related to anywork, either covered or affected by the change.VII' CLAIMS, If the Vendor disagrees with anything required by an amendment, anotherwritten order, or an oral order from the City, including any direction, instruction, interpretation, ordetermination by the City, the Vendor may file a claim as provided in this section. The Vendor shall givewritten notice to the City of all claims within fourteen (14) calendar days of the occurrence of the eventsgiving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or shouldhave known of the facts or events giving rise to the claim, whichever occurs first Any claim fordamages, additional payment for any reason, or extension of time, whether under this Agreement orotherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claimis made in strict accordance with the applicable provisions of this Agreement.At a minimum, a Vendor's written claim shall include the information set forth in subsections A,itemslthrough5below.FATLURE TO PROVTDE A COMPLETE, WRTTTEN NOTTFTCATTON OF CLArM WrrHrNTHE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING INANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSEDBY THAT DELAY.Notice of Claiminformation:Provide a signed written notice of claim that provides the followingThe date of the Vendor's claim;The nature and circumstances that caused the claim;The provisions in this Agreement that support the claim;The estimated dollar cost, if any, of the claimed work and how that estimatewas determined; andAn analysis of the progress schedule showing the schedule change ordisruption if the Vendor is asserting a schedule change or disruption.C.Records. The Vendor shall keep complete records of extra costs and time incurred as aresult of the asserted events giving rise to the claim. The City shall have access to any ofthe Vendor's records needed for evaluating the protest.The City will evaluate all claims, provided the procedures in this section are followed. If theCity determines that a claim is valid, the City will adjust payment for work or time by anequitable adjustment. No adjustment will be made for an invalid protest.Vendor's Dutv to Complete Protested Work. In spite of any claim, the Vendor shall proceedpromptly to provide the goods, materials and services required by the City under thisAgreement,GOODS & SERVICES AGREEMENT - 3($20,000 or Less, including WSST)A12345B
Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendoralso waives any additional entitlement and accepts from the City any written or oral order(including directions, instructions, interpretations, and determination).Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of thissection, the Vendor completely waives any claims for protested work and accepts from theCity any written or oral order (including directions, instructions, interpretations, anddetermination),VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISINGFROM OR CONNECTED WITH THiS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THECONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all workprovided under this Agreement in accordance with the provisions of this Agreement. In addition to anyother warranty provided for at law or herein, this Agreement is additionally subject to all warrantyprovisions established under the Uniform Commercial Code, Title 624, Revised Code of Washington.Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,and will perform in accordance with their specifications and Vendor's representations to City. The Vendorshall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should haveknown of the defect, or (2) upon Vendor's receipt of notification from the City of the existence ordiscovery of the defect. In the event any part of the goods are repaired, only original replacement partsshall be used-rebuilt or used parts will not be acceptable. When defects are corrected, the warranty forthat portion of the work shall extend for an additional year beyond the original warranty period applicableto the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of itsreceipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within areasonable time as determined by the City, the City may complete the corrections and the Vendor shallpay all costs incurred by the City in order to accomplish the correction.X. DISCRIMINATION. In the hiring of employees for the performance of work under thisAgreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of theVendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, nationalorigin, or the presence of any sensory, mental, or physical disability, discriminate against any person whois qualified and available to perform the work to which the employment relates.Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,Comply with City Administrative Policy L2, and upon completion of the contract work, file the attachedCompliance Statement.XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses orsuits, including all legal costs and attorney fees, arising out of or in connection with the Vendor'sperformance of this Agreement, except for that portion of the injuries and damages caused by the City'snegligence.The City's inspection or acceptance of any of Vendor's work when completed shall not be groundsto avoid any of these covenants of indemnification.IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATIONPROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNIry UNDER INDUSTRIALINSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIESFURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.in the event Vendor refuses tender of defense in any suit or any claim, if that tender was madepursuant to this indemnification clause, and if that refusal is subsequently determined by a court havingjurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendorshall pay all the City's costs for defense, including all reasonable expert witness fees and reasonableGOODS & SERVICES AGREEMENT . 4($20,000 or Less, including WSST)DE
attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on theVendor's part.The provisions of this section shall survive the expiration or termination of this Agreement.XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,insurance of the types and in the amounts described in Exhibit B attached and incorporated by thisreference.XIII. WORK PERFORMED AT VENDOR'S RISK, Vendor shall take all necessary precautionsand shall be responsible for the safety of its employees, agents, and subcontractors in the performance ofthe contract work and shall utilize all protection necessary for that purpose. All work shall be done atVendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or otherarticles used or held for use in connection with the work.XIV. MISCELLANEOUS PROVISIONS.A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires itscontractors and consultants to use recycled and recyclable products whenever practicable. A pricepreference 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 thecovenants and agreements contained in this Agreement, or to exercise any option conferred by thisAgreement in one or more instances shall not be construed to be a waiver or relinquishment of thosecovenants, agreements or options, and the same shall be and remain in full force and effect.c.Recolrrtion of f)icnrrtpq and Gnrrorninn lavrrThis Agreement shall be governed by andconstrued in accordance with the laws of the State of Washington. If the parties are unable to settle anydispute, difference or claim arising from the parties' performance of this Agreement, the exclusive meansof resolving that dispute, difterence or claim, shall only be by filing suit exclusively under the venue, rulesand jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree inwriting to an alternative dispute resolution process. In any claim or lawsuit for damages arising from theparties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurredin defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery oraward provided by law; provided, however, nothing in this paragraph shall be construed to limit the City'sright to indemnification under Section XI of this Agreement.D. Written Notice. All communications regarding this Agreement shall be sent to the parties atthe addresses listed on the signature page of the Agreement, unless notified to the contrary. Any writtennotice hereunder shall become effective three (3) business days after the date of mailing by registered orcertified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in thisAgreement or such other address as may be hereafter specified in writing.E. Assignment. Any assignment of this Agreement by either party without the written consentof 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 bemade without additional written consent.F. Modification. No waiver, alteration, or modification of any of the provisions of thisAgreement shall be binding unless in writing and signed by a duly authorized representative of the Cityand Vendor.G. Entire Aoreement. The written provisions and terms of this Agreement, together with anyExhibits attached hereto, shall supersede all prior verbal statements of any officer or other representativeof the City, and such statements shall not be effective or be construed as entering into or forming a partof or altering in any manner this Agreement. All of the above documents are hereby made a part of thisAgreement. However, should any language in any of the Exhibits to this Agreement conflict with anylanguage contained in this Agreement, the terms of this Agreement shall prevail.GOODS & SERVICES AGREEMENT - 5($20,000 or Less, including WSST)
H. Comoliance with Laws. The Vendor agrees to comply with all federal, state, and municipallaws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,equipment, and personnel engaged in operations covered by this Agreement or accruing out of theperformance of those operations.I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to thePublic Records Act codified in Chapter 42.56 of the Revised Code of Washington anJ documents, notes,emails, and other records prepared or gathered by the Consultant in its periormance of this Agreementmay be subject to public review and disclosure, even if those records are not produced to or possessed bythe City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's dutiesand obligations under the Public Records Act.J. Citv 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 ofthe Kent City Code.K. Counterparts and Signatures bv Fax or Email. This Agreement may be executed in anynumber of counterparts, each of which shall constitute an original, and all of which will together constitutethis one Agreement. Further, upon executing this Agreement, either party may deliver the signature pageto the other by fax or email and that signature shall have the same force and effect as if thL Agreementbearing the original signature was received in person.IN WITNESS' the parties below execute this Agreement, which shall become effective onthe last date entered below. All acts consistent with the authority of this Agreement and priorto its effective date are ratified and affirmed, and the terms of the Agreement shall be deemedto have applied.CITYKENT:ByPrintIts:meGarin LeeParks Operations SuperintendentDATE:VENDOR:By?ia'4e7?/ttcld/(signature)Print Name: Thane MitchellIts: Owner, Thane Mitchell_(title)DATE: Mav 22.2O2ONOTICES TO BE SENT TO:CITY OF KENT:Ben Levenhagen, Support Services Field SupervisorCity of Kent220 Fourth Avenue SouthKent, WA 98032(253) 856-5133 or(253) 508-9548 (cell) (telephone)(253) 856-6120 (facsimile)ATTEST:Kent City ClerkNOTICES TO BE SENT TO:VENDOR:Thane Thomas MitchellThane Thomas Mitchell dba Mitchell Diving322 NW 77th StreetSeattle, WA 98117-4OtI(206) 948-2552 (telephone)(facsimile)GOODS & SERVICES AGREEMENT - 6($20,000 or Less, including WSST)
DECLARATIONCITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICYThe 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 thisAgreement shall comply with the regulations of the City's equal employment opportunitypolicies.The following questions specifically identify the requirements the City deems necessary for anycontractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmativeresponse 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 thldirectives outlines, it will be considered a breach of contract and it will be at the City's soledetermination 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 ofsex, race, color, national origin, age, or the presence of all sensory, mental or physicaldisability.During the time of this Agreement the prime contractor will provide a written statement toall new employees and subcontractors indicating commitment as an equal opportunityemployer.During the time of the Agreement I, the prime contractor, will actively consider hiring andpromotion of women and minorities.Before acceptance of this Agreement, an adherence statement will be signed by me, thePrime Contractor, that the Prime Contractor complied with the requirements as set forthabove.By signing below, I agree to fulfill the five requirements referenced above.By: ?4a'ae77ta/'K1/For: Thane MitchellTitle: Owner, MitchellDate: May 22,2O2ODiving345EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENTADMINISTRATIVE POLICYNUMBER: L.2SUBJECTMINORIW AND WOMENCONTRACTORSEFFECTIVE DATE: January 1, 1998SUPERSEDES: April 1, 1996APPROVED BY Jim White, MayorPOLICY:Equal employment opportunity requirements for the City of Kent will conform to federal andstate laws. All contractors, subcontractors, consultants and suppliers of the City must guaranteeequal employment opportunity within their organization and, if holding Agreements with the Cityamounting 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 indicatingcommitment 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'snondiscrimination and equal opportunity requirements shall be considered in breach of contractand 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 publicWorks Departments to assume the following duties for their respective departments.1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to theseregulations are familiar with the regulations and the City's equal employment opportunitypolicy.2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENTEQUAL EM PLOYM ENT OPPORTU NITY COM PLIANCE STATE M E NTThis form shall be filled out AFTER COMPLETION of this project by the Contractor awarded theAgreement.I,theundersigned,adulyrepresentedagentofCompany, hereby acknowledge and declare that the before-mentioned company was the primecontractor for the Agreement known asthethat was entered into on(date), between the firm I represent and the City ofKentI declare that I complied fully with all of the requirements and obligations as outlined in the Cityof Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment OpportunityPolicy that was part of the before-mentioned Agreement.By:For:Title:Date:EEO COMPLIANCE DOCUMENTS - 3 of 3
Thane Mitchell Diving322 NW 77th StSeattle, WA 98117206-948-2552UBI NUMIBER: ffi4 AZL gLzJ OB TITLE:AqUATICWEED REMCIVALJob Description:-Hand rernoval of nrilfoil and otheraquatic rveeds by scuba divers. Tobe placed at a dewatering locationon site for parks staff to ramoveand dispose of.-Removal and Bagging of Garbagefound in work area (bags willheprovided and picked up by parksstaff)EXHIBIT ADate: 4/3Gl2020Estimate # 1026Lake Meridian parkC/O 8en LevenhagenL44CI0 SE272'd StreetKent, WA98032TO| 6122 divers,l shore personTBATaxDate Description*Hourly rate includes equipment & air costs.Hourly Rate I Arnounts182.ms728.00\Uo5473.20Quantity; unit PriceAmounts]"0s2.00$r,oez.ooSl"o92.ooSa,zgz.ms1S2.00s728.00$L82.00565182.m4Subtotal:HoursDescription2 divers, l shore personSrez.oo62 divers, l shore person42 divers, l shore personDate6/r6lz2 divers, l shore personTBAst20s.20Total:Note: This estimate is not a bill.
EXHIBIT BINSURANCE REQUIREMENTS FORSERVICE CONTRACTSInsuranceThe Contractor shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to propelrty whichmay arise from or in connection with the performance ofthe work heieunderby the Contractor, their agents, representatives, employees orsubcontractors.A. Minimum Scope of InsuranceContractor shall obtain insurance of the types described below:1. Commercial General Liability insurance shall be written onISO occurrence form CG 00 01 and shall cover liabilityarising from premises, operations, independent contractors,products-completed operations, personal injury andadvertising injury, and liability assumed under an insuredcontract. The City shall be named as an insured under theContractor's Commercial General Liability insurance policywith respect to the work pertormed for the City using ISOadditional insured endorsement CG 20 10 11 85 or asubstitute endorsement providing equivalent coverage.2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be writtenon Insurance Services Oftice (ISO) form CA 00 01 or asubstitute form providing equivalent Iiability coverage. Ifnecessary, the policy shall be endorsed to providecontractual liability coverage.3. Workers'Compensation coverage as required by theIndustrial Insurance laws of the State of Washington.B. Minimum Amounts of InsuranceContractor shall maintain the following insurance limits:1. Commercial General Liability Insurance shall be written withlimits no less than $1,000,000 each occurrence, $1,000,000general aggregate and a $1,000,000 products-completedoperations aggregate limit.2. Automobile Liability insurance with a minimum combinedsingle limit for bodily injury and property damage of$1,000,000 per accident.
EXHIBIT B (Continued)C. Other Insurance ProvisionsThe insurance policies are to contain, or be endorsed to contain, the followingprovisions for Automobile Liability and Commercial General Liabilityinsu rance:1. The Contractor's insurance coverage shall be primary insurance as respectthe.city. Any Insurance, self-insurance, or insurance pool coveragemaintained by the City shall be excess of the Contractor's insurance andshall not contribute with it.2. The Contractor's insurance shall be endorsed to state that coverage shallnot be cancelled by either party, except after thirty (30) days pridrwritten notice by certified mail, return receipt requested, has been givento 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 behalfof the contractor and a copy of the endorsement naming the City asadditional insured shall be attached to the Certificate of Insurance. TheCity reserves the right to receive a certified copy of all required insurancepolicies. The Contractor's Commercial General Liability insurance shallalso contain a clause stating that coverage shall apply separately to eachinsured against whom claim is made or suit is brought, except withrespects to the limits of the insurer's liability.D. Acceptability of InsurersInsurance is to be placed with insurers with a current A.M. Best rating of notless than A:VILE. Verification of CoverageContractor shall furnish the City with original certificates and a copy of theamendatory endorsements, including but not necessarily limited to theadditional insured endorsement, evidencing the insurance requirements ofthe Contractor before commencement of the work.F. SubcontractorsContractor shall include all subcontractors as insureds under its policies orshall furnish separate certificates and endorsements for each subcontractor.All coverages for subcontractors shall be subject to all of the same insurancerequirements as stated herein for the Contractor.
--A,CORD'\---THANE-{CERTIFICATE OF LIABILIry INSURANCEDATE (MM/DD/YYYY)E-MAILannPFss.Trina LoukaslnsuranceCovinINSIIRFR R .INSURER FLYMATTERTIVELYtsESTHLtctPOEAUTHORIZEDHOLDER.THTEBYRER(S),NSUGERTIFICAAFFORDETHEISSUINGPONUTHECOVERAGETHERIGHTSRBETWEENNOTEALORCONFERSCONTRACTAANDEXTENDD,R.ONLDEAMENTIONYCONSTITUTEHOLTENOTFORMANNEGATIVEDOESOFRCERTIFICAoETHANAINSURANCERMAASOFCER,FIEDTEAFISSUPRODUNOTRtsoTECERTIFICADOESTIVETETHISCERTIFICATHISCERTIFICABELOW.REPRESENTAonendorsed.bestatementAorprovisionsendorsement.anINSUREDrequiremayADDITIONALpolicieshavemustcertainpolicy,policy(ies)thetheofoflieuRED,rnINSUconditionsholderandtermsADDITIONALtheanthetotstoholdersubjectconferWAIVED,certificatenottsthetfTIONcertificateSUBROGAtsIMPORTANT:tfthPROOUCERGriffith/Rush Drake lnsurancePO Box2716712354 Lake Citv Wav NESeattle, wA 98125 'Trina Loukas206-363-0550-15,0001 00,0001,000,00022LIMITS03128t202'l03t28t2020POLICY800N/AOCCURCLAIIVIS-IMADEsUMBRELLA LIABEXCESS LIABDEDTYPE OF INSURANCExXxCOMMERCIAL GENERAL LIABILITYPER:LOCAPPLIESELIMITPRO-JECTOCCURCLAIIVIS-IVIADEAUTOMOBILE LIABILITYANY AUTOo\ /t{EDAUTOS ONLYHIREDAUTOS ONLYSCHEDULEDAUTOSNON-O\AAIEDAUTOS ONLYWORKERS COMPENSATIONAND EMPLOYERS' LIABIUTYANY PROPRIETOR/PARTNERYEXECUTIVEOFFICERYMEMBER EXCLUDED?(Mandatory in NH)trundertfMAYTHISPERIODTERMS,\ /FilCHTHEPOLICYTOALLTHETOFORRESPECTBJECTSUWTHABOVEISNREIENAMEDHDOCUMENTINSUREDCLAIMS.OTHERDESCRIBEDTHEORPAIDESTOBYPOLtCtEISSUEDCONTRACTTHREDUCEDANYBYBEENOFBEENHAVEHAVEDITIONAFFORDEDMAYBELOWcoNORLISTEDSHO\A/NNSUMNCETERMLIMITSTHERANCEINSUOFPERTAIN,POLICIES.ESREQUIREMENTMAYSUCHANYPOLtCtOROFTHEUEDTtssDITIONSNTHABEcoFYANDNOTWTHSTANDINGCERTITOCATETEDSIONSISLUNDICAEXCTHISCERTIFIADESCRIPTIONOFOPERATIONS/LOCAIONS/VEHICLES (ACORDl0l,AdditionalRemarksschedule,maybeattachedif morespaceisrequired); 14800 SE 272nd Street, Kent,RE: Maintenance of Milfoil at Lake Meridianattached notes.SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICEACCORDANCE WITH THE POLICY PROVISIONS.W|LL BE DELIVERED INAUTHORIZED REPRESENTATIVECity of Kent ParksDepartmentAttn: Doug Siegert220 4th Avenue SouthKent, WA 98032CITYOFKO 1988-2015 ACORD CORPORATION. Ail rights reservedThe ACORD name and logo are registered marks of ACORDAGORD 2s (2016/03)
HoLDERcoDE clTYoFKtNsuRED'SNAME Thane Mitchell DivingTHANE-1OP lD: EHpece 2Dare 0312612020NOTEPAD:Citv of Kent ParksAddiltiona]- InsuredNamed 5-nsured onlyDepartnent is naned as prinary and Non-contributorwas perta5-ns to the work and sErvices performed Uy ttre
Applegate, JanFrom:Sent:To:Subject:Thane Mitchell <thanemitchell@gmail.com>Friday, May 22,2020 3:00 PMApplegate, JanRe: ContractHi Jan,I paid the renewal over the phone via credit card then snail mailed it off earlier this week. The woman I spokewith said you would be able to ses that it had been renewed. The conformation number for the renewal is46729. My Business License number is BLOC-2I9042T.Thanks,Thane206.948.2552Mitchell DivingOn May 22,2020, at2:I1 PM, Applegate, Jan <JApplegate@kentwa.gov> wrote:Perfect, thanks.I also need a copy of your City of Kent Business License or a copy of your application for it.Jan Appfegate, Operations AnalystParks Maintenance I Parks, Recreation & Community Services220 Fourth Avenue South, Kent, WA 98032Phone 253-856-5122 Fax 253-856-6120JApoleoate@ KentWA. govCITY OF KENT, WASHTNGTONKentWA.oov Facebook l.fi-j;: YouTubePLSASE CONSTD:R TIJE EN\r'IRONMENT BEFORS PR,INTING THiS F-MAILFrom : Thane Mitchell Imailto:thanemitchell@gmail.com]Sent: Friday, May 22,2020 2:08 PMTo: Applegate, JanSubject: Re: ContractHi Jan,Here's the contract. Please let me know if you need anything else.Thanks,ThaneEXTERNAL EMAILEXTERNAL EMAIL