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HomeMy WebLinkAboutCAG2020-084 - Amendment - #2 - Playcore Wisconsin, Inc. dba GameTime - Engineered Wood Fiber for 13 Parks - 08/17/2020 Sup/Mgr:IGL Agreement Routing Form Dir Asst: IRL • For Approvals,Signatures and Records Management Dir/Dep: IBL This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN T WASHINGTON (Print on pink or cherry colored paper) Originator: Department: Jan Applegate Parks, Recreation & Community Services Date Sent: Date Required: 0 08/13/2020 08/18/2020 Q Authorized to Sign: Date of Council Approval: Q Q ❑Director or Designee 0 Mayor n/a Budget Account Number: Grant? ❑Yes 171 No 15106404.63180.xxxx sub 850 W Budget? ❑Yes N TYpe: N/A Vendor Nam Category: Im Playcore Wisconsin, Inc. Contract Vendor Number: Sub-Category: 90602 Amendment 0 Project Name: Engineered Wood Fiber for 13 Parks E 0 c Project Details: Delivery and blown-in installation of 790 cubic yards of engineered wood fiber to 13 park locations in the City of Kent. Agreement Amount: � 46,919.40 Basis for Selection of Contractor: E Other a IStart Date: 03/10/2020 Termination Date: 09/30/2020 Q Local Business? ❑Yes O No* *If meets requirements per KCC3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: ❑Yes O No CAG2020-084 Date Received by City Attorney: Comments: OK to sign, 8/17/2020,TW. Mayor, there is a location for you to initial a strike- 8/17/20 through on page 6 of he electronic document. 30 a, •� i � 3 40 f0 p� Date Routed to the Mayor's Office: i7A Date Routed to the City Clerk's Office: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.200804 • KENT W A s H i N G T o H AMENDMENT NO. 2 NAME OF CONSULTANT OR VENDOR: Plavcore Wisconsin, Inc. dba GameTime CONTRACT NAME & PROJECT NUMBER: Engineered Wood Fiber for 13 Parks ORIGINAL AGREEMENT DATE: 03/10/2020 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Provide delivery and blown-in installation of an additional 281 cubic yards of GT-Impax - Engineered Wood Fiber as described in attached City of Kent EWF Change Order #1A, dated 08/07/2020, Quote #100246-02-01 attached. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $29,889.20 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $29,889.20 including all previous amendments Current Amendment Sum $15,482.00 Applicable WSST Tax on this $1,548.20 Amendment Revised Contract Sum $46,919.40 AMENDMENT - 1 OF 2 Original Time for Completion 0 513 1/2 02 0 (insert date) Revised Time for Completion under 08/31/2020 prior Amendments (insert date) Add'I Days Required ( ) for this 30 calendar days Amendment ' Revised Time for Completion 09/30/2020 (insert date) i The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless i otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By: {JQX10 (signatur ) (signature) Print Name:-S- - ¢�l� __-- Print Name: Dana Ralph Its Its Mayor (title) (title) DATE; DATE: 08/17/2020 ATTEST: APPROVED AS TO FORM: (applicable "Mayor's signature required) I Kent City CI� � KFnt L w D-paitment i i i i' AMENDMENT - 2 OF 2 GameTime C/O Great Western Recreation 08/07/2020 Tff P.O. Box 680121 Quote#100246-02-01 mlemeFort Payne,AL 35967 c6aOffice:435-245-5055 Fax:435-245-5057 COREc�a■.r www.gwpark.com City of Kent EWF Change Order #1 A City of Kent Ship to Zip 98030 Attn:Jake Call 220 4th Ave S Kent,WA 98032 Phone:253-856-5122 jcall@kentwa.gov DescriptionQuantity Part# 1 EWF GT-Impax-281 CY of Engineered Wood Fiber,Blown In $7,962.00 $7,962.00 Sub Total $7,962.00 Freight $7,520.00 Tax $1,548.20 Total GREAT WESTERN UrichF8y Erv9n Page 1 of 5 ^d.90 F k— GameTime C/O Great Western Recreation 08/07/2020 Tff P.O. Box 680121 Quote#100246-02-01 mlemeFort Payne,AL 35967 c6aOffice:435-245-5055 Fax:435-245-5057 CORE c� pmmr www.gwpark.com City of Kent EWF Change Order #1 A Comments Your sales rep is Lindsey Erwin at 253-988-7102. Please reach out to them with any questions. Prevailing Wage "Freight charges are based on listed zip code and are subject to change,if shipping information changes." Shipping to Site Addresses: Canterbury Park 24409 100th Avenue SE Kent,WA 98030 Kiwanis#1 532 1 st Avenue S Kent,WA 98032 Kiwanis#2 N 2nd Avenue and W Cloudy Street Kent,WA 98032 Kiwanis#3 Alexander Street between E Chicago and E Seattle Kent,WA 98030 Kiwanis#4 S 5th Avenue and W Crow Street Kent,WA 98032 MORRILL MEADOWS 10600 SE 248th Street Kent,WA 98030 RUSSELL ROAD 24400 Russell Road Kent,WA 98032 SALT AIRE 24615 26th Place S Kent,WA 98032 SCENIC HILL 25826 Woodland Way S Kent,WA 98030 Seven Oaks SE 259th Street and 118th Place SE Kent,WA 98030 Kent Memorial Park 850 Central Ave N Kent,WA 98030 SERVICE CLUB AA&b'� GREAT WESTERN UrichF8y Erv9n Page 2 of 5 ^d.90 F k— GameTime C/O Great Western Recreation 08/07/2020 Tff P.O. Box 680121 Quote#100246-02-01 mlemeFort Payne,AL 35967 c6aOffice:435-245-5055 Fax:435-245-5057 CORE c� pamm www.gwpark.com City of Kent EWF Change Order #1 A 14608 SE 288th Street Kent,WA 98042 Wilson 13028 SE 251st Street Kent,WA 98030 Remit Payment to: GameTime P.O.Box 680121 Fort Payne,AL 35967 Taxes: All applicable taxes will be added at time of invoicing unless otherwise included or a tax-exempt certificate is provided. If sales tax exempt,you must provide a copy of certificate to be considered exempt. Prices: FOB Factory. Orders: All orders shall be in writing by purchase order,contract,or similar document made out to PlayCore Wisconsin Inc.,dba GameTime. Standard GameTime equipment orders over$100,000 may require a deposit of 25%at the time of order and an additional 25%at or before order ships Standard orders with equipment,installation and surfacing are requested to be split billed. Equipment,Taxes&Freight as noted above Initial: Installation and Surfacing billed as completed and Due Upon Receipt. DR DR Terms: Cash With Order Discount-(CWO)-Orders for GameTime equipment paid in full at time of order via check, Electronic Funds Transfer(ACH or wire) are eligible for a three percent(3%)cash with order discount. Credit terms are Net 30 days,subject to approval by the GameTime Credit Manager.A completed credit application must be submitted and approved prior to the order being received. Please allow at minimum 2 days for the credit review process. GameTime may also require: Completed Project Information Sheet(if applicable) Copies of Payment and Performance Bonds(if applicable) A 1.5%per month finance charge will be imposed on all past due invoices. Retainage not accepted. Orders under$5,000 require payment with order. INSTALLATION CONDITIONS: • ACCESS: Site should be clear,level and allow for unrestricted access of trucks and machinery. • STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process.Once equipment has delivered to the site,the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only.Customer shall be responsible for unknown conditions such as buried utilities(public&private),tree stumps, rock,or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES: Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required,pricing is subject to change. A&&, GREAT WESTERN LEntlsey ErMn Page 3 of 5 ^d.90M°AL°" GameTime C/O Great Western Recreation 08/07/2020 Tff P.O. Box 680121 Quote#100246-02-01 mlemeFort Payne,AL 35967 c6aOffice:435-245-5055 Fax:435-245-5057 CORE c� pmmr www.gwpark.com City of Kent EWF Change Order #1 A ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Accepted By(printed): Title: Telephone: Fax: P.O.Number: Date: Purchase Amount:$17,030.20 SALES TAX EXEMPTION CERTIFICATE#: FEIN# (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature AA&b,� GREAT WESTERN UrickF8y Erv9n Page 4 of 5 ^d.90M"rk— GameTime C/O Great Western Recreation 08/07/2020 Tff P.O. Box 680121 Quote#100246-02-01 mlemeFort Payne,AL 35967 c6aOffice:435-245-5055 Fax:435-245-5057 CORE c� pmmr www.gwpark.com City of Kent EWF Change Order #1 A Customer Order Info: BILLING INFORMATION: Bill to: Contact: Address: Address: City,State: Zip: Tel: Fax: E-mail: SHIPPING INFORMATION(IF DIFFERENT FROM ABOVE)_ Ship to: Contact: Address: Address: City,State: Zip: Tel: Fax: E-mail: AA&b'� GREAT WESTERN Urid*Ey Erv9n Page 5 of 5 ^d.90M"rkL �� Agreement Routing Form • For Approvals,Signatures and Records Management KET his formcombinei&replaces me FequeB for Mayor's S,gnmure and C.rrwa Cover Sneer roans w......r.. (Pnnt on pme to cae,,c .,w paper) Originator Department Park Operations Date Sent: Date Required: c 0 310 5/2 0 2 0 as soon as possible CL Authorized to Sign. Date of Council Approval: It Direaor or Designee 0 Mayor nla Budget Account Number; Grant? ❑Yes El No 1510640480190 Sube50rypeW Budget? Yes O No Type: Vendor Name: ategory'. Contract Vendor Number: Sub-Category: c 90602 0 'r, Project Name: Engineered Wood Fiber for 13 Parks E cProject Details-Delivery and blown-in installation of 509 cubic yards of engineered wood fiber to 13 park locations in the City of Kent. c u E Agreement Amount. $29,889,20 Basis for Selection of Contractor Other d TStart Date: as soon as possible Termination Date: 05/31/2020 cc Local Business? ❑Yes El No* Wmeets requirementsper K073.70100,please complete"Vendor Purchase-Local Exceptions'loan on Cityspace Notice required prior to disclosure? Contract Number ❑Yes ONo CH zo- CDfe rN[A�r ® Comrr,ents. c R LP—'. YYY E KENT LAW DEPT. KED pr Date Routed to the Mayor's Office. MAR I 0 2026 h Bate Routed to the City of Kent Clerk's Office: 10 Visit Documents.KentWA.gov to obtain copies ofall agreements GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE between the City of Kent and Playcore Wisconsin, Inc. dba GameTime, c/o Great Western Recreation THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Playcore Wisconsin, Inc. dba GameTime organized under the laws of the State of Wisconsin, located and doing business at 150 Playcore Drive SE, Fort Payne, AL 35967-7576 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK, Vendor shall provide the following goods and materials and/or perform the following services for the City: Delivery and blown-in installation of 509 cubic yards of GT-Impax - Engineered Wood Fiber to 13 park locations in the City of Kent as described in attached Quote #100246-01-01, dated 02/12/2020, attached 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 unqualifed right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by May 31, 2020. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed TWENTY NINE THOUSAND EIGHT HUNDRED EIGHTY NINE DOLLARS AND TWENTY CENTS ($29,889.20) , including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The.City shall pay the Vendor the following amounts according to the following schedule: Vendor shall submit invoice to AccountsPayable@KentWA.gov upon completion of contracted services as described In I. Description of Work. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 1 (Over$20,000.00, including WSST) If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this. Agreement with other sources, from any and all. amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. Vendor 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. Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by Vendor, 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. V. 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 Vendor has the ability to control and direct the performance and details of Its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 2 (Over$20,000.00, including WSST) VII. CHANGES. The City may issue a written change order 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 a change order is necessary, Vendor must submit a written change order request to the 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 the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However; if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of 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 Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Vendor 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 Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions In this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The. Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 3 (Over$20,000.00, including WSST) 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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (Including directions, Instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein,this Agreement Is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants: goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all 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 Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against.any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials,. employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, Including all legal costs and attorney fees, arlsing out of or in connection with the Vendor's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's Inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of Indemnification. GOODS &SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 4 (Over$20,000.00,including WSST) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusalon the Vendor's part,. then Vendor 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 Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described In Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. 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. GOODS & SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 5 (Over$20,000.00, including wSST) 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 Vendor. 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 Vendor agrees to comply with all federal, state, and municipal laws, 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 the performance of those operations. I. Public Records Act. The Vendor 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, smalls, and other records prepared or gathered by the Vendor 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. I. City Business License Reaulred. 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 emall 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. VENDOR: CITY OF KENT: By: By: (slgnatu ) (signature) Print Name:LY,'4 f 71�,je Print Name: Dana Ralph Its Its Mayor DATE: 3/S/ _;to DATE: � ICJI Cil_J NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Lindsey Erwin Ben Levenhagen,Support Services Field Supervisor GameTime City of Kent c/o Great Western Recreation 220 Fourth Avenue South Kent WA 98032 GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE- 6 (Ove,$20,000.00,lmlvwng w557/ 975 S. State Hwy 89 Logan, UT 84321 (253) 508-9548 (cell) or (435) 245-5055 x119 (telephone) (253) 856-5133 (telephone) facsimile 253 856-6120 facsimile APPR D AS TO FORM: an a apartment AizksT,.:) Kent City Clerk GOODS&SERVICES AGREEMENT FOR ORDINARY MAINTENANCE - 7 (Over$20,000,00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response Is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 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 belloow,Iz&�I agree to fulfill the five requirements referenced above. By: L��..:� � For: yla. W' 1' 4- s" C/ T Title: . ..rvn•s �.e�f i+ri..�... Date: J7�-S�ZQz° EEO COMPLIANCE DOCUMENTS - 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 of 3 EXHIBIT A Great m R Weweecreation W5 S.State Hwy 89 Logan.UT 84321 435-245-5055 02/122020 GameTime wwwgwpad cam Quote Ct0024fi-01At A PjpYCOfiF C« City of Kent EWF Bid City of Kent Ship to Zip 98030 Attn:Jake Call 220 4th Ave S Kent,WA 98032 Phone:251856-5122 jc ll@kentwa.gov Quantity Part# Description Unit Price Amount i EWF CT-Impax-Engineered Wood Fiber,Blown ln- $14,262.00 $14.26200 12"compacted depth. 10,295 SF coverage,509 CV. Prevailing wage. Multiple locations Sub Total $14,26200 Freight $12.910.00 Tax $2.717.20 GREAT WESTERN u;ee..r ate. Page 1 ot5 Great Western Recreation 975 S.State Hwy 89 Logan,UT 84321 435-245-5055 02/1212020 Game me° wry gwpaA om Quote#100246-01-01 PLAVCOW City of Kent EWF Bid Commends Shipping to. Canterbury Park 24409 1009r Ave BE Kent,WA 98030 Site Addresses'. Centel Perk 24409100th Avenue SE Kent,WA 98030 Kwanis N1 5321st Avenue S Kent.WA 98032 Kiwants A2 N 2nd Avenue and W Cloudy Street Kent,WA 98032 IOwanis d3 Alexander Street between E Chicago and E Seattle Kent.WA 98030 Kiwanis" S Sin Avenue and W Crew Street Kent WA 98032 MORRILL MEADOWS 10600 BE 248th Street Kent,WA 98030 RUSSELL ROAD 24400 Russell Road Kent,WA 98032 SALTAIRE 24615 26th Place S Kent,WA 98032 SCENIC HILL 25826 Woodland Way S Kent,WA 98030 Seven Oaks BE 25M Street and 118th Place SE Kent,WA 96030 Kent Memorial Park 850 Central Ave N Kent,WA 98030 SERVICE CLUB A&bh,- GREAT WESTERN ay E. Page 2 of 5 n sa.n Great Western Recreation 975 S.State Hwy 89 Logan.UT.84321 435-245-5055 02I12/2020 GameTime .9wpxrl Quote E100246-01-01 FILAYCORE City of Kent EWF Bid 14608 SE 288th Street Kent,WA 98042 alson 13028 SE 251st Street Kent,WA 98030 GAMETIME-TERMS&CONDITIONS: PRICING:Pricing Is subject to change.Request updated pricing when purchasing from quotas mom than 30 days old. MS OF SALE.For equipment&material purchases,Net 30 days from date of invoice for gpvemmental agencie d those with apP 0 cretli[.All others,full payment for equipment,taxes and freight up front.Balance for services&mate' due upon completion or as oche negotiated upon credit application review Pre-payment may be required for equipment orde sling lesa Iheq 5,00O. Payment b SA,MasterCard or AMEX is accepted Checks should be made payable to PI troche consin,Inc of GameTime unless otherwise dire CREDIT APPLICA N:Required for all nor-governmental agencies and those entries w acre not purchased from GameTme within the previous twelve calend onlhs. • FINANCE CHARGE:A 1.5 onthly finance charge(or maximum pertnittetl b )will ce atlded to all invoices over 30 tlays past tlue. • CASH WITH ORDER DISCOU Orders for GameTime equipment paid 1 at time of order via check or electronic funds transfer(EFT) are eligible for a 3%cash-with-order 0)discount. • ORDERS:Al orders shall be in writing by ass oder signed station or similar documentation.Purchase orders must be made out to Playcore Wisconsin,Inc.dlb(a GameTime. • FREIGHT CHARGES:Shipments shall be F O 8,des ' n.Freight charges prepaid and added separately. • SHIPMENT:Standard Lead time is 4-6 weeks after lot acceptance of purchase order,credit application,color selections and approved drawings or submittals. • PACKAGING-All goods shall be packag - accordance with accep commercial practices and marked to preclude confusion during unloading and handling. • RECEIPT OF GOODS:Customer II cpmdinate,receive.unload,Inspect an vide written acceptance of shipment.Any damage to packaging or equipment most noted when signing delivery ticket if damages are n receiver must submit a claim to Cunningham Recreation within 15 Days aceiver is also responsible for taking Inventory of the shipmen reporting any concealed damage or discrepancy in quanli received within 60 days of receipt. • RETURNS:Retu are only available on shipments delivered within the last 60 days A 25%(mm)re Ing fee will be deducted from any credit di ustomer is responsible for all packaging is shipping charges.Credit is based on condition o upon reNm.All returns mus i t be Fused and merchantable condition.GameTime reserves Me right to deduct costs associated with reston turned goods to me table condition. Uprights&custom products cannot be returned. T S:Sales tax is shown as aseparate line item when included A copy of your tax exemption certifcate must be submitted a - e of rider or taxes will be added to your invoice. GREAT WESTERN uM•q Erwin Page 3 of 5 I+ern I".,.' Great Western Recreation 975 S State Hwy 99 Logan,UT U321 435-245-5055 0V1212020 GameTime wwwgwTlalk.wm Quote#IW246-01-01 City of Kent EWF Bid INSTALLATION CONDITIONS: • ACCESS:Site should be dear,level and allow for unrestricted access of trucks and machinery, • STORAGE:Customer is responsible for providing a secure location to art-load and store the equipment during the installation process. Once equipment has delivered to the site,the owner is responsible should Ihe6 or vandalism occur unless other arrangements are made and noted on the quotation • FOOTER EXCAVATION:Installation pricing is based on tooter excavation through serthlsoil only,Customer shall be responsible for unknown conditions such as butted utilities(public S private),tree stumps.rock,or any concealed materials or conditions that may result in additional labor or materials war • UTILITIES:Owner is responsible to,locating any private utilities. • ADDITIONAL COSTS:Pacing is based on a single mobilization for installation unless otherwise noted.Price includes ONLY what is stated in this quotation If additional site work or specialized equipment is required pricing is subject to change. ACCEPTANCE OF OUOTATION' Acceptance of this proposal indicates your agreement to the terms and conditions stated herein, Accepted By limited): Tile. Telephone: F. PO.Number Date: Purchase Amount:$29,889.20 SALES TAX EXEMPTION CERTIFICATE Ill. 11/4 FEIN# FL- 6OOI2Sf (PLEASE PROVIDE A COPY OF CERTIFICATE) Salesperson's Signature Customer Signature ®ifth&- GREAT WESTERN Und"Y si— Page 4 of 5 Great VJestem Recrea5on 975 S.State Hwy 89 Logan,UT 84321 435-245-5055 02/122020 GameTime www gwpar,.codd Quote n100248-01-01 City of Kent EWF Bid Customer Order Info: BILLING INFORMATION, Bill to Cfry mF kENT Contact 19CQoanyr /7iayAO2B Address: 22.0- 4`4,i S. Address: City,State: rttf. wa Zip: 4803z-5895 Tel: (253) 9JG-Jz.52 Fax N 1A E-mail ACCounTJI0G1/i1 BcE(y �FST-{1/N.gee/ SHIPPING INFORMATION(IF DIFFERENT FROM ABOVEI: Snip to: Cf-ry of 4<14mM PfMk QOg.PstT7OnC5 Contact: Jowl K'A4 address. 58z1 So. 7�oM b`r. Address: City.State: �5.JT�.(I/19 Zip: 9>lA Tel: (200450-9ZVO Fax:: V64 -&/20 E-mail. J 6u•tl [J KEATl'AA, rY MAMON GREAT ':IESTE RN Page 5 of 5 �^.ti,.•a....=^ 2020 Engineered Wood Fibers Park Name Address Zip Amount Needed Cameft, 24409 Min Avenue SE Kent,WA W30 90 Vdl Kiwanre Al 5321at Avenue S Kent,WA. M032 30 ytls Kiwams d2 N 2nd Avenue and W Cioudly Street Kent WA 08032 40 Vds Kiwanis Y3 Alexander SVael between E Chicago and E Sea61e Kent WA 98030 40 ytls Ki—s ea S Sth Avenue and W Crow Sheet Kent WA 98032 60 Vds NORRILL NEo0W9 10600 SE 248th Sheet Kent WA 98030 40 vds RUSSELLROAo 24400 Russell Road Kent,WA 98032 30yds SALT AIRE 2461526th Piece S Kent,WA 98032 30yds SCENIC HILL 25826 Woodland Way S Kent,WA won 20 yds Seven oaks SE 2591h Street and 118th Place SE Kent WA W30 W ydi KentNemaea van 850 Cenhat Ave N Kent WA N032 60 yds SERVICECLUB 14508 SE 288th Street Kent WA I ON2 60vds WI MN 113U255E 251.weet lKent,WA I 90030 30 ytls Total Yards Needed! I 509 ytls 3=020 aboutblank 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: 3/2/2020 County Trade Job Classification WAge Holiday Overtime Note `Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $50.86 7A IV )}_Y Attm King Laborers Airtrac DnU Operator S52.44 A 4Y aY View King L borers Ballast Regular Machine $50.86 A dY aY vier King Laborers Batch Weighman $43.11 A A.Y AY_ VAS King Labore Brick Pavers $50.86 A 4y HY View King Laborers Brush Cutter $50.86 A 4V ff Vier King Laborers Brush Hog Feeder $50.86 A 4V 8Y View King abore Burner $50.86 A 9Y aY View King Laborers Caisson Worker $52.44 A 9y Illy View King Laborers Carpenter Tender S50.86 7A 4V BY Vier King Labor Labore Cement Dumper-paving $51.80 A 9Y BY View King Laborers Cement Finisher Tender $50.86 L AY ¢Y View King Lahorer5 Change House Or Dry Shack $50.86 A gV $y View King Laborers Chipping Gun(30 Lbs. And Over) $51.80 A 4Y BY view King Labore Chipping Gun(Under 30 Lbs.) $50.86 A 9Y BY View King Laborers Choker Setter $50.86 A 4Y aY View King Laborers Chuck Tender $50.86 A 9Y av View King Lgpp err Clary Power Spreader $51.80 A A-V ay View King Laborers Clean-up Laborer $50.86 A 4V 4Y Vier King Laborers Concrete Dumper/Chute Operator $51.80 A 4V aY vier King laborers Concrete Form Stripper $50.86 A 4V aY View King Labone Concrete Placement Crew $51.80 A 4Y ay View King Laborers Concrete Saw Operator/Core Driller $51.80 7A 4V BY View King Laborers Crusher Feeder $43.11 7A 4Y ay yew King Lahorers Curing Laborer $50.86 7A 4Y 9Y View King Laborers Demolition: Wracking&Moving(Intl. S50.86 A 4V BY View Charred Material) King Laborers Ditch Digger $50.86 A 9Y aY View King Laborer Diver $52.44 A 4Y aY View King Laborers Drill Operator(Hydraulic, Diamond) $51.8D 7A gy BY View King Laborers Dry Stack Walls $50.86 7A 4V BY view King Laborers Dump Person $50.86 A 4Y BY view King Laborers Epoxy Technician $50.96 A gy BY Y102 King La¢eL r� Erosion Control Worker $50.86 A 4Y ay view King. Laborer Faller a Bucker Chain Saw $51.80 A 9V AY View King Laborers Fine Graders $50.86 A 9 EY Vier King Laborers Firewatch $43.11 A AY 4Y view alwutblank 1/3 3 wam about blank King Laborers form Setter $50.86 ZA 4Y 4Y view King Laborers Gabian Basket Builders $50-86 7A 4y $Y View King Laborers General Laborer $50.86 7A 4V BY Viev, King Laborers Grade Checker ft Transit Person $52.44 7A 4y AY View King Laborers Grinders $50.86 7A Ay ly View King Laborers Grout Machine Tender $50.86 7A 4V 8Y View King Laborers Groutmen(Pressure)Including Post $51.80 7A Ay $Y View Tension Beams King Latxtrers Guardrail Erector $50.86 L 4V By King Laborers Hazardous Waste Worker(Level A) $52.44 7A 4y ly V)ew King Laborers Hazardous Waste Worker(Level B) $51.80 ZA A a View King Laborers Hazardous Waste Worker(Level C) $50.86 ZA 4y BY View King Laborers High Scaler $52.44 ZA V BY View King Laborers Jackhammer $51.80 ZA 4Y BY View King Laborers Laserbeam Operator $51.80 7A 4y $Y View King Laborers Maintenance Person $50.86 7A 4y 8y View King Laborers Manhole Builder-Mudman $51.80 Z6 4V gV View King Laborers Material Yard Person $50.86 ZA 4y BY yiew King Laborers Motorman-Dinky Locomotive $51.80 7A 4y Ey Yin King Lam Nozzleman(Concrete Pump,Green $51.80 7A R ly View Cutter When Using Combination Of High Pressure Air&Water On Concrete&Rock, Sandblast, GUMte, Shotcrete,Water Blaster,Vacuum Blaster) King Laborers Pavement Breaker $51.80 ZA 4y Ay View King Laborers Pilot Car $43.11 ZA 4y $Y View King Laborers Pipe Layer Lead $52.44 ZA 4Y By yiew King Laborers Pipe Layer/Tailor $51.80 Z6 4y U View King Laborers Pipe Pot Tender $51.80 L 4Y BY View King Laborer Pipe Reliner $51.80 7A 4y ff View King or Pipe Wrapper $51.80 ZA 4V $Y View King Laborers Pot Tender $50.86 7A 4y 8Y View King laborers Powderman $52.44 7A 4y Ay View King Laborers Powderman's Helper $50.86 7A 4V $y View King Laborers Power Jacks $51.80 ZA 4y B View King Laborers Railroad Spike Puller-Power $51.80 L 4Y fly ylew King Lam Raker-Asphalt $52.44 7A 4V BY view King Laborers Re-timberman $52-44 ZA 4Y .9Y View King Lam Remote Equipment Operator $51.80 ZA 4y BY View King Labore Rigger/Signal Person $51.80 YA 4V BY View King Laborers Rip Rap Person $50.86 ZB 4y HY View King Laborers Rivet Buster $51.80 ZA 4V BY View King Labore Rodder $51.80 ZA A ly View King Laborer Scaffold Erector $50.86 ZA 4Y 8Y Yten King Labors Scale Person $50.86 ZA 4y 8Y View King Laborers Sloper(Over 20") S51.80 ZA V $y View King Laborer Stoper Sprayer $50.86 ZA 4V SY View King Laborers Spreader(Concrete) $51.80 7A 4V BY View King Labgre,s Stake Hopper $50.86 ZA 4Y 8Y View King Laborer; Stack Piler $50.86 ZA 4y 8Y View King Laborers Swinging Stage/Boatswain Chair $43.11 ZA 4y Al view King Laborers Tamper a Similar Electric, Air&Gas $51.80 ZA 4y AY View Operated Tools aboutblank V3 3122020 about blank King Laborers Tamper(Multiple B Self-propelled) $51.80 A 4Y LY View King Laborers Timber Person-Sewer(Lagger, $51.80 A by 9Y Vi€w Shorer @ Cribber) King Laborers Toolroom Person(at Jobsite) $50.86 A 4y 5Y Yiew King Laborers Topper $50.86 A V 9y )a= King r rs Track Laborer $50.86 A Aly _$Y View King Laborers Track Liner(Power) $51.80 A 4Y f vim King Laborers Traffic Control Laborer 546.10 A 4V 9A View King Laborers Traffic Control Supervisor $46.10 7A AY S View King Laborem Truck Spotter $50.86 A R EY View King La re Tugger Operator $51.80 _7A 4Y 9y View King Laborers Tunnel Work-Compressed Air Worker $120.61 7A 4y 99 i v 0-30 psi King Laborers Tunnel Work-Compressed Air Worker $125.64 7A 4V 9)) View 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air Worker $129.32 7A 4V 99 Yiew 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air Worker $135.02. Z 4Y 95 YLP& 54.01-60.00 psi King Labore Tunnel Work-Compressed Air Worker $137.14 A 4V 98 view 60.01.64.00 psi King Lahore Tunnel Work-Compressed Air Worker $142.24 A AY 98 View 64.01-68.00 psi King Lahorers Tunnel Work-Compressed Air Worker $144.14 7A 4V 96 View 68.01-70.00 psi King Lahore Tunnel Work-Compressed Air Worker $146.14 A 4Y 9.Q View 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air Worker $148.14 A 4y 29 view 72.01-74.00 psi King Labs Tunnel Work-Guage and Lock Tender $52.54 A 4y $y Yew King laborers Tunnel Work-Miner $52.54 A R BY view King Laborers Vibrator $51.80 A 4Y gy view King Laborers Vinyl Seamer $50.86 A 4Y 9Y View King LAbolgri; Watchman $39.18 A 4Y ff View King Laborem Weider $51.80 A by 91' View King Laborers Weil Point Laborer $51.80 7A 4V 8V View King Lab rg a Window Washer/Cleaner $39.18 A 4V §y View about blank 3/3 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: L. 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 City shall be named as an Additional Insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using CrW ISO additional Insured endorsement CG 20 10 11.65 or a substitute endorsement providing equivalent coverage. 04,13 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with Limits no less than $2,000,00o each occurrence, 2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions.for Automobile Liability and Commercial General Liability Insurance: 1. The Contractor's insurance coverage shall be primary Insurance as respect the City. Any Insurance, self-Insurance, or Insurance pool coverage maintained by the City shall be excess of the Contractor's Insurance and shall not contribute with it. 2. The Contractor's Insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mall, 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 CTW respects to the limits of the Insurer's lablllty. In the event ofa Claim or Lawsuit related to this contract,the City will be provided with a copy of the Contractor's insurance policy. D. Acceptability of Insurers Insurance Is to be placed with insurers with a current A.M. Best rating of not less than A:VII, E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, Including but not necessarily limited to the additional Insured endorsement, evidencing the Insurance requirements of the Contractor before commencement of the work. F. Subcontractors CTW Contractor shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same Insurance CFW requirements as stated herein forthe Contractor. Subcontractors performing onsite Work shall provide additional insured status naming the City of Kent for both ongoing and completed operations. A`R� CERTIFICATE OF LIABILITY INSURANCE orz;rzmo' " THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,no pOlicy(ias)must have ADDITIONAL INSURED provisions or Ise mulmsed. 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 endoreement(s). PRODUCER ONTA T Marsh USA,Inc. PXIXIE FAX Two Allianre Curter .Na Fm' I.,xo): 3W)Lenox Roan.Suite 2400 nd10 n[6p: Aponte,GA=6 - Ahn'MEETS.Canlanuen@marsh:D9m I Fa.212-9184321 IxauRER�SL�FFOAaInOcoyERPG& _ _ xAlcr CN10232631NHCA AJYJX 1920 IWRERA:E.mw IRauemCompany 3531E IRSVRED IxwRERB:Trap ers ProPIR Ca l Comparj OrAmMca 25674 PapDERIUSEnsiq Inc - OREameTMe Ixsu C_ACE_Pmpe.gMAKCmiMI _20699 150PO4Ccm OINa SE INSIIRERO:The ira'.ElerS lMenrli Ot Amd'l18 125fi66 Pon Payne AL 35E(C - �Ce.^PRAY-- INSURER E:NIA _ WA Waumnal TheUha6I1OMkFi.ISN.Co. 25615 COVERAGES CERTIFICATE NUMBER: ATIA05036514.m REVISION NUMBER: 0 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANOING ANY REQUIREMENT, TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO MICH 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. 1NSR- A40L SUBR. pOLICYEFF POLICY EXP One TYPEOF WSVMNCE POUCYNUMBER 0.MYVY LaaT6 A X COMMERCIAL GENERAL LIABILITY X MKLV2PBCW0.1'6] 08N1/1019 C lIM20 ENCH000URRENCE S 21100,W0 OA A CIAIMS-MADE X OCCUR PREMISESLEawArn.y S tIp,000 X SIR$250.000 RE,DOE MED ExP 1An m[Pvrsonl S EXCLUDED PERSONALBADV_IN_J_URV 5 2000,000 GEN POLICY GATE LIMIT APPLIES PER GENERALAGGREWTE 5 4MONO POLICY�_X_T JEO LOO PRODUCTS-COMROP AGO S 4,000,WO OTHER POLICY AGGREGATE a 10,COg000 B ORL tlN_AUTaMO91L I-ABILm TJ-C4P-9 10BST L-19 IpBe1l[T119 WIWICOMB�INEDJU SIN IE LIMIT S 1Q.a" M _ � X NYAIITO BOd[Y INJURY(Pv parmn) IDS DWNED SCHEDULED MJDLYINJURY IPv eMMMmlls AUTOS ONLY AUTOS HIRED ON.OWNED -PROPERTY WMNGE S AUTOS ONLY AUTOS ONLY Per Come AGAL DeE.:$1,BOB 6 XJ UMBAEL4UAR X OCCUR XWC11549501 C01 0E101019 OR10II2020 _EACHOCCURRENCE S lo'n'CW EXCESSUAa CI-AIMSS MADE AGGREGATE a 10M.Ow OED X RETENTIONOEL(0) a F WoRKERSCOMPENSITON U0.21110695319-51-R 0801019 11 X -ER TH. AXDEMPLOYERS'LABILITY ylx -STATUTE_ER D AN YPNOPRIETOPMARTNERIEXECUIIVE J&2N1590311951A =112019 WIY1112021) EL EACH ACCIDENT s I.M,M B ORFNC E^X;EXCLUDED'+ FNI US2J6020BB19'II-G OBN12019 CBN11NZiI EL DISEASE EA EMPLOYEE 6 1.000.030 11Y ..u.1 (See Atl AXAPape.) ip00,000 DE SC RIPTIONOFOPERANONScnw IL OSEASE-POLICY LIMIT S CESGLIPIIONOF MERATbX31 LOCATOXSI VEXICIES IACOII 1p1.AWMon1 WnuM[a[MtluN.nay Melh[Mtl NTon[pawM1 nyulM RE: OHivery MOObwnln imNpaas of 509wbk riNs dErlpMeereE WboO Fiperm 1JPNa Loappre',wpNa1092wp1-tit cam a.jac bi,tolPa,st.'a.P'Ra ry$.r mdA Wnwa1re-cEr RDallns5 Muu6tewm Iyl9dbMeaIpmka se opapm lsh'eaO mlaflamwmroIDr eUlltehUaaSperyNtl pMNM CMGE I 2ms1u 0reNtls1m3aaMell MpA,dpkumonmrg,M MfiHde Ln a InedDl uimryre mMtlp b ldCyAow nmi4N3 n1 Ron...1Mn1eDYreEdbyxypemnbed COCa1 CERTIFICATE HOLDER CANCELLATION Cry Dl Keel SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 220 Pouts Avenue Swill THE EXPIRATION OATS THEREOF, NOTICE WILL BE DELIVERED IN Kenl,WA SEEK ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORINOREPRESENTATNE nF Mats USA Inc. Marsh!Mukher)ee -VLaL wn J4.AterSi,tEy S)iSM2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN1O2326389 LOC e: Atlanta AC Ro tie ADDITIONAL REMARKS SCHEDULE Page 2 of z AaExc "ANEW 1Nau"ao Mash U$A,Ix. Playme Wamn5,n Im aea Gemxrane POIICY NUMBER 1`.✓)RSyCare DMY$E Fan Payne.AL36�1 URWER N .edE EFFECTVEOPIE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORMTITLE: Cert Bcate Of Liability insurance WaxeK'C.larsabn(C Ibn Me U&PN1464511¢51.R(PZ,P..OR,WI) UB M15W311W K(AKALW/ IAILINKs KYMDMIMNMOArt NCNONENVIJYOHOKPAPR$CTNT%UTVAWAWn UBIJFJDD3¢I¢ILG(MGCOCTFLWIDILINK$MOMIMNWMFNCNHNJNMNVNYOKORPAXRl WVJ ACORD 101 (2008101) ®2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are regiafered marks of ACORD INSURED: PLAYCORE GROUP, INC. EFFECTIVE DATES: 08-01-2019-08-01-2020 POLICY NUMBER: MKLV2PBC000367 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance prodded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by written contract Asper written contract Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section II—Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the pemon(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply. with respect to liability for"bodily injury", "property This insurance does not apply to"bodily injury"a damage' or "personal and advertising injury' "property damage" occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials,parts orequipment furnished in connection with such work, on the 2. The acts or omissions of those acting on your project (other than service, maintenance or behalf, repairs)to be performed by or on behalf of the in the performance of your ongoing operations for additional insured(s) at the location of the the additional insured(s) at the location(s) covered operations has been completed; or designated above. 2. That portion of "your work" out of which the However injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured insurance applies to the extent permitted other than another contractor or subcontractor Y pP P by engaged in performing operations fora princpal law; and as a part of the same project. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract oragreement to promde for such additional insured. CG 20 10 04 13 Q Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III —Limits Of Insurance: whichever is less. If coverage proaided to the additional insured is This endorsement shall not increase the applicable required by a contract or agreement, the most we Limits of Insurance shown in the Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ® Insurance SeMces Office, Inc., 2012 CG 20 10 04 13 MSURED NAME: PLAYCORE GROUP,INC. EFFECTIVE DATE: 08/01/2019 TO 08/012020 POLICYNUMBER: TJ-CAP.9D897063-TIL-19 COMMERCIALAUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to Paragraph c. in A.1., Who between you and that person or organization, that is Is An Insured, of SECTION II — COVERED AUTOS signed by you before the "bodily injury" or "property LIABILITY COVERAGE in the BUSINESS AUTO damage" occurs and that is In effect during the policy COVERAGE FORM and Paragraph e. in A.1.,Who Is period, to name as an additional insured for Covered An Insured, of SECTION II — COVERED AUTOS Autos Liability Coverage, but only for damages to LIABILITY COVERAGE in the MOTOR CARRIER which this insurance applies and only to the extent of COVERAGE FORM, whichever Coverage Form is that person's or organization's liability for the conduct pan of your policy: of another"insured". This includes any person or organization who you are required under a written contract or agreement CA T4 37 02 16 ®2016 The Travelers indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office.Inc.with its permission. Account Name: Playcore Group Inc. Effective Date: 08-01-19 to 08-01-20 TRAVELERS , WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13(00)- POLICYNUMBER: DE-2NIs9031-19-51-X WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: AS REQUIRED BY WRITTEN CONTRACT DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: - - STASSIGN: ACCOUNT' NAME: PLAYCORE GROUP, INC. POLICY NUMBER: TJ-CAP-9D897065-TIL-19 EFFECTIVE DATE: 08-01-2019 - 08-01-2020 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the fallowing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.S., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any"accident'or"loss", provided that the CONDITIONS Section: "accident" or "loss' arises out of the operations S. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- am To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 02015 The Travelers Indemnity Company.All rights reserved Page 1 of 1 includes copyrightetl material of Insurance services Office,Inc.with its permission. INSURED: PLAYCORE GROUP, INC. EFFECTIVE DATES: 08-01-2019 - 08-01-2020 POLICY NUMBER: MKLV2PBC000367 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance promded under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: As required by written contract signed by both parties prior to loss. Information required to complete this Schedule, ifnot shown above,will be shown in the Declarations. The following is added to Paragraph 9. Transfer Of Rights Of Recovery Against Others To Usof Sec- tion IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule. above because of payments we make for injury or damage arising out of your ongoing operations or 'yourwork"done undera contmctwith that person a organization and included in the 'products-compleled operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ® Insurance Serdces Office, Inc., 2008 Page 1 of 1 13 City of Kent Business License .�( Yl ..♦ GAMETIME 544 CHESTNUT ST V CHATTANOOG.A,TN 37402 - Pleuse fear of perforation BUSINESS LICENSE PaRCW82141rcalsala and use mx mus be,n d LICENSE MUST BE PAID ANNUALLY BY No: V I5 fom 111 quallfed JANUARY 1st TO AVOID PENALTY sales WiNinth,cityor I.suanm or Livewe Does Not Imply Liun 's K o' l Compliance with Stet,aad Lbenl Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS 202� `? PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2I90554 0. GAMETIME MAYOR 544 CHESTNUT ST Tax Registration The City of Kent CHATTANOOGA,TN 37402 Endorsement A�2.4THAVE. KE:T.WASHWCTONIo)3: A8 ozoz a avw 3AIE10A 400 Agreement Routing Form • Far ApprovaIs,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's S9iiature and Con[rdct cover Sheet farms. W A 5 H I N G T O N (print on pink or cherry colored paper) Originator: Department: Jan Applegate Parks, Recreation & Community Services Date Sent: Date Required: to 06/01/2020 06/04/2020 v CL Authorized to Sign: Date of Council Approval: Q ❑Director or Designee ❑Mayor Q Budget Account Number- Grant? ❑Yes 1173 No 15106404.63180.xxxx sub 850 W Budget? ❑Yes ❑No Type: Vendor Name: Category: Playcore Wisconsin, Inc. dba GameTime Contract Vendor Number: Sub-Category: e 90602 Amendment v Project Name: Engineered Wood Fiber for 13 Parks E v Project Details:Delivery and blown-in installation of 509 cubic yards of engineered wood }, fiber to 13 park locations in the City of Kent c m Agreement Amount: $ 29,889.20 Basis for Selection of Contractor: Other N Start Date: Termination Date: 08/31/2020 m Q Local Business? ❑Yes 17 No* *If meets req uirernen ts per KCC3,70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspoce. Notice required prior to disclosure? Contract Number: Yes 0 No CAG2020-084 Date Received by City Attorney: Comments Cn c 3 0 m a � to m Date Routed to the Mayor's Office: 171 Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements KENT •NgSyIh GTC AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Playcore Wisconsin, Inc. dba GameTime CONTRACT NAME & PR03ECT NUMBER: Engineered Wood Fiber for 13 Parks ORIGINAL AGREEMENT DATE; 0.3f 10,UM This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: No change to original "Description of Work". 2. The contract amount and time for performance provlslons of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: ` Original Contract Sum, $29,889.20 including applicable WSST Net Change by Previous Amendments $0.00 including applicable WSST Current Contract Amount $29,889.20 including all previous amendments Current Amendment Sum $0.00 Applicable WSST Tax on this $Q.Qo Amendment Revised Contract Sum $29,889.20 AMENDMENT - 1 OF 2 Original Time for Completion 05/31/2020 (insert date) Revised Time for Completion under prior Amendments (insert date) Add'I Days Required (f) for this 90 calendar days Amendment Revised Time for Completion 08/31/2020 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: Whiteside.Clint.T.O Digi21ly5ign Siby ftbt ide.CHMTORC3D1 I W9612.I Brian DigUly sign.by 9nan RC3011009612.ID D D8renbagen gy; Dale.2020,05 s,naza3 os oo gy• Levenhagen 1eoo:50-0r5oo (signature) {5ignat e) Print Name: Clint Whiteside Print Name: Brian Leven�iagen Its Sales Administration Protect Manager Its parks.Deputy Director (title) DATE: 5/28/2020 DATE: ATTEST: APPROVED AS TO FORM: (applicable if mayor's signature required) Dlaiblly signed by Kim Kim Komoto K... De le:202006.09 15 X 174oW Kent City Clerk Kent Law Department i AMENDMENT - 2 OF 2