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HomeMy WebLinkAboutCAG2024-434 - Original - Pacific Tree Services - Cut down 4 Trees at Russell Woods Park - 9/13/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: _IL Agreement Routing Form Dir. Assist:xZ— • For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover WASHINcroN Sheet forms. Dlr/Dep DilIL$L Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: > 09/06/2024 09/13/2024 0 CL Authorized to Sign: Date of Council Approval: QDirector or Designee N/A Budget Account Number: Grant? YesFI/]No P00009.64190.5439 Budget?W]Yes No Type: N/A Vendor Name: Category: Pacific Tree Services Contract Vendor Number: Sub-Category: = 2564500 Original 0 Vendor to remove and rune hazardous trees at Russell Woods Park .7w Project Name: p 1.1. Project Details:Vendor to cut down 4 hazardous trees and prune 4 hazardous trees at 0 = Russell Woods Park C 40 40 Agreement Amount: $14 1 05.60 Basis for Selection of Contractor: Other `Memo to Mayor must be attached Start Date: 09/13/2024 Termination Date: September 30th, 2024 Im Q Local Business? Yes1ZNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: YesQNo CAG2024-434 Comments: Im C 3 4) H •� i N 3 f0 C V1 Date Routed to the City Clerk's Office: 9/1 2/24 ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 KENT WAS 1 1 1-N PUBLIC WORKS AGREEMENT between City of Kent and Pacific Tree Services THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Tree Services organized under the laws of the State of Washington, located and doing business at 909 N Jackson PI. East Wenatchee, WA 98802; Contact: Ben Achziger; Phone: (253) 722-3603 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Vendor to cut and remove 4 hazardous black cottonwood trees and prune 4 hazardous black cottonwood trees at Russell Woods Park located in the City of Kent as outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed September 301h 2024. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FOURTEEN THOUSAND ONE HUNDRED FIVE DOLLARS AND SIXTY CENTS ($14,105.60), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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 the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. 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 XIII of this Agreement. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: I - ��rah Levehl�aaeh By: 6-J—n Ach ger(Sep 11,202415:16 PDT) By:orian Levenhagen(Sep lo,20241 21 Print Name: Benjamin Achziger Print Name: Brian Levenhagen Its Foreman/Lead Climber Its: Deputy Parks Director DATE: Sep 11, 2024 DATE: Sep 10, 2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Ben Achziger Gillian Lawrence Pacific Tree Services City of Kent 909 N Jackson Pl. 220 Fourth Avenue South East Wenatchee, WA 98802 Kent, WA 98032 (253) 722-3603 (telephone) (253) 856-5136 (telephone) ben.achziger@gmail.com (email) GLawrence@kentwa.gov (email) ATTEST: k�� A�XA Kent City Clerk PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The City of Kent and its contractors are subject to and will comply with the following: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964). • Ch. 49.60 RCW (Washington Law Against Discrimination) The preceding statutory and regulatory cites hereinafter are referred to as "the Acts and Regulations". The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: EEO COMPLIANCE DOCUMENTS - 1 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. 44 By: Benjamin A,h er(Sep 11,202415:16 PDT) For: Pacific Tree Services Title: Foreman/Lead Climber Date: Sep 11,2024 EEO COMPLIANCE DOCUMENTS - 4 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting 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. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. 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 coordinate with the City's Title VI coordinator, and perform 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 - 5 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (07/25/2024), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Pacific Tree Services 444 By m M: Benjamin Ach er(Sep 11,202415:16 PDT) 7 Signature of Authorized Official* Printed Name: Benjamin Achziger Title: Foreman/Lead Climber Date: Sep 11,2024 City and State: Kent,WA *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 ESTI MATE Prepared For City Of Kent Russell Woods Park (206) 471-9768 Pacific Tree Services- LICENSED-BONDED-INSURED Estimate # 1995 909 N Jackson PI. Date 07/23/2024 East Wenatchee, Wa 98802 Business / Tax # 602253229 Phone: (253) 722-3603 Exhibit A Email: ben.achziger@gmail.com Web: www.pacifictreeservices.com Prevailing Wage Included Description Total Removals $8,100.00 Climb cut and remove 4 black cottonwoods down to 40ft snags. Leave all material where it falls. Structural pruning $4,700.00 Climb and prune weight out of 4 black cottonwoods to improve their structural integrity. Leave all debris where it falls. Subtotal $12,800.00 98032 $1,305.60 Total $14,105.60 City Of Kent Page 1 of 1 Exhibit Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 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 has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than 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. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. 79/5/2024 E(MM/DDYYY) A�" CERTIFICATE OF LIABILITY INSURANCE /Y 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,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Aubrey Pitts (OL) Heffernan Insurance Brokers PHONE FAX Remittance Address: A/c No Ext: 925-934-8500 AIC No):925-934-8278 P.O. Box 4006 ADDRESS: aubreyp@heffins.com Walnut Creek CA 94596 INSURER(S)AFFORDING COVERAGE NAIC# License#:0564249 INSURERA: Rockingham Specialty, Inc. 16650 INSURED PACITRE-08 INSURER B: Pacific Tree Services P.O. Box 1451 INSURER C: Auburn WA 98071 INSURERD: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1219207764 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP /Y LIMITS LTR INSD WVD POLICY NUMBER MM/DDYYY IY MM/DDYYY A X COMMERCIAL GENERAL LIABILITY Y RWAA407264-02 4/6/2024 4/6/2025 EACH OCCURRENCE $1,000,000 Fv� DAMAGE CLAIMS-MADE OCCUR PREM SESOEa occur ante $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY❑ PRO- JECT ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION RWAA407264-02 4/6/2024 4/6/2025 PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER St0 Gap ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Kent is included as additional insured and primary on the General Liability policy per the attached endorsement,if required. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Kent Park Operations 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AG 19 60 05 15 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU TO INCLUDE WAIVER OF SUBROGATION PROVISION AND PRIMARY AND NONCONTRIBUTORY PROVISION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured Status—Ongoing Operations 1. "Section II-Who is an Insured" is amended to provide automatic coverage as an Additional Insured in conformity with the terms and conditions of the CG 20 10 04 13 endorsement, a copy of which is attached hereto and incorporated by reference. Automatic Additional insured coverage provided by this endorsement only applies to the extent permitted by law; and if coverage provided to the additional insured is required by and agreed in writing in a contract or agreement, the insurance afforded such additional insured will not be broader than that which you are required by the contract or agreement, only if such contract agreement is executed by each party prior to the start of your work to provide for such additional insured. B. Additional Insured Status—Completed Operations 1. "Section II-Who is an Insured" is amended to provide automatic coverage as an Additional Insured in conformity with the terms and conditions of the CG 20 37 04 13 endorsement, a copy of which is attached hereto and incorporated by reference. Automatic Additional insured coverage provided by this endorsement only applies to the extent permitted by law; and if coverage provided to the additional insured is required by and agreed in writing in a contract or agreement, the insurance afforded such additional insured will not be broader than that which you are required by the contract or agreement, only if such contract agreement is executed by each party prior to the start of your work to provide for such additional insured. 2. The coverage provided to the additional insured as outlined in paragraph B. Additional Insured Status — Completed Operations does not apply to Any "bodily injury", "property damage" or "personal and advertising injury" arising out of, related to, caused by, or associated with, in whole or in part, to operations and "your work", conducted by you or on your behalf, or work or operations conducted by an unrelated party, involving "residential property". C. Primary and Noncontributory Provision 1. Insurance afforded the Additional insured, when required by written contract or agreement, is primary and noncontributory in the event of an "occurrence" caused, in whole or in part, by your acts or omissions, or the acts or omissions of those acting on your behalf that occurs while performing ongoing operations for the additional insured, or in connection with premises owned by or rented to you. Rockingham Insurance Group Page 1 of 5 AG 19 60 05 15 D. Waiver of Subrogation Provision 1. "Section IV-Commercial General Liability Conditions Paragraph 8 The Transfer of Rights Of Recovery Against Others To Us" is amended to add the following: We waive any right of recovery we may have against those added as Additional Insured by this endorsement because of payments we make for injury or damage arising out of your ongoing operations or "your work' performed under written contract or agreement with them. This waiver applies only when you are solely negligent. This waiver shall not apply to claims, "suits" and/or damages arising in whole or in part out of the acts, omissions and/or negligence of those added as Additional Insured by this endorsement. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. The following are added to SECTION V—DEFINITIONS: "Residential property" means structures intended for use or used for human dwelling, in whole or in part, including but not limited to single family dwellings, multi-family dwellings, townhomes, condominiums, and appurtenant structures. Rockingham Insurance Group Page 2 of 5 POLICY NUMBER: RWAA407264-02 COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1,000,000 Aggregate Limit Bodilv Iniury Bv Disease $ 1,000,000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement.) A. The following is added to Section I — Cover- No other obligation or liability to pay sums ages: or perform acts or services is covered COVERAGE—STOP GAP— EMPLOYERS unless explicitly provided for under Sup- LIABILITY plementary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only a. We will pay those sums that the insured if: becomes legally obligated by Washington Law to pay as damages because of"bodily (1) The: injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or "bodily ease" to your "employee" to which this in- injury by disease" takes place in the surance applies. We will have the right "coverage territory"; and duty to defend the insured against any (b) "Bodily injury by accident" or "bodily "suit" seeking those damages. However, injury by disease" arises out of and we will have no duty to defend the insured in the course of the inured "em- against any "suit" seeking damages to which this insurance does not apply. We ployee s employment by you; and may, at our discretion, investigate any ac- (c) "Employee", at the time of the in- cident and settle any claim or "suit" that jury, was covered under a worker's may result. But: compensation policy and subject to (1) The amount we will pay for damages is a "workers compensation law" of limited as described in Section III — Washington; and Limits Of Insurance; and (2) The: (2) Our right and duty to defend end when (a) "Bodily injury by accident" is caused we have used up the applicable limit of by an accident that occurs during insurance in the payment of judgments the policy period; or or settlements under this coverage. CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 1 of 4 0 (b) "Bodily injury by disease" is caused c. Statutory Obligations by or aggravated by conditions of Any obligation of the insured under a employment by you and the injured workers' compensation, disability benefits "employee's" last day of last expo- or unemployment compensation law or sure to the conditions causing or any similar law. aggravating such "bodily injury by disease" occurs during the policy d. Contractual Liability period. Liability assumed by you under any con- c. The damages we will pay, where recovery tract or agreement. is permitted by law, include damages: e. Violation Of Law (1) For: "Bodily injury by accident" or "bodily injury (a) Which you are liable to a third party by disease" suffered or caused by any by reason of a claim or "suit" law employee your le actualknoyed in owledge e folation or the aof against you by that third party to re- y g cover the damages claimed against tual knowledge of any of your "executive such third party as a result of injury officers". to your"employee"; f. Termination, Coercion Or (b) Care and loss of services; and Discrimination (c) Consequential "bodily injury by Damages arising out of coercion, criticism, accident" or "bodily injury by dis- demotion, evaluation, reassignment, disci- ease" to a spouse, child, parent, pline, defamation, harassment, humilia- brother or sister of the injured "em- tion, discrimination against or termination ployee"; of any "employee", or arising out of other provided that these damages are the employment or personnel decisions con- direct consequence of "bodily injury by cerning the insured. accident" or "bodily injury by disease" g• Failure To Comply With "Workers that arises out of and in the course of Compensation Law" the injured "employee's" employment "Bodily injury by accident" or "bodily injury by you; and by disease" to an "employee" when you (2) Because of "bodily injury by accident" are: or "bodily injury by disease" to your (1) Deprived of common law defenses; or "employee" that arises out of and in the (2) Otherwise subject to penalty; course of employment, claimed against you in a capacity other than as em- because of your failure to secure your ob- ployer. ligations or other failure to comply with any 2. Exclusions "workers compensation law". This insurance does not apply to: h. Violation Of Age Laws Or Employment Of Minors a. Intentional Injury "Bodily injury by accident" or "bodily injury "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any by disease" intentionally caused or aggra- person: vated by you, or "bodily injury by accident" (1) Knowingly employed by you in violation or "bodily injury by disease" resulting from of any law as to age; or an act which is determined to have been committed by you if it was reasonable to (2) Under the age of 14 years, regardless believe that an injury is substantially cer- of any such law. tain to occur. i. Federal Laws b. Fines Or Penalties Any premium, assessment, penalty, fine, Any assessment, penalty, or fine levied by benefit, liability or other obligation imposed any regulatory inspection agency or au- by or granted pursuant to: thority. (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non-appropriated Fund Instrumen- talities Act (5 USC Sections 8171- 8173); Page 2 of 4 © ISO Properties, Inc., 2003 CG 04 42 11 03 0 (3) The Longshore and Harbor Workers' No person or organization is an insured with Compensation Act (33 USC Sections respect to the conduct of any current or past 910-950); partnership, joint venture or limited liability (4) The Outer Continental Shelf Lands Act company that is not shown as a Named In- (43 USC Section 1331-1356); sured in the Declarations. (5) The Defense Base Act (42 USC Sec- D. For the purposes of this endorsement, Section III tions 1651-1654); — Limits Of Insurance, is replaced by the follow- (6) The Federal Coal Mine Health and ing: Safety Act of 1969 (30 USC Sections 1. The Limits of Insurance shown in the Sched- 901-942); ule of this endorsement and the rules below fix the most we will pay regardless of the (7) The Migrant and Seasonal Agricultural number of: Worker Protection Act (29 USC Sec- tions 1801-1872); a. Insureds; (8) Any other workers compensation, b. Claims made or"suits" brought; or unemployment compensation or dis- c. Persons or organizations making claims or ability laws or any similar law; or bringing "suits". (9) Any subsequent amendments to the 2. The "Bodily Injury By Accident" — Each Acci- laws listed above. dent Limit shown in the Schedule of this en- j. Punitive Damages dorsement is the most we will pay for all dam- ages covered by this insurance because of Multiple, exemplary or punitive damages. "bodily injury by accident" to one or more k. Crew Members "employees" in any one accident. "Bodily injury by accident" or "bodily injury 3. The "Bodily Injury By Disease" — Aggregate by disease" to a master or member of the Limit shown in the Schedule of this endorse- crew of any vessel or any member of the ment is the most we will pay for all damages flying crew of an aircraft. covered by this insurance and arising out of B. The Supplementary Payments provisions apply "bodily injury by disease", regardless of the to Coverage — Stop Gap Employers Liability as number of"employees"who sustain "bodily in- well as to Coverages A and B. jury by disease". C. For the purposes of this endorsement, Section II 4. Subject to Paragraph D.3. of this endorse- - Who Is An Insured, is replaced by the follow- ment, the "Bodily Injury By Disease" — Each "Employee" Limit shown in the Schedule of ing: this endorsement is the most we will pay for If you are designated in the Declarations as: all damages because of "bodily injury by dis- 1. An individual, you and your spouse are insur- ease"to any one"employee". eds, but only with respect to the conduct of a The limits of the coverage apply separately to business of which you are the sole owner. each consecutive annual period and to any re- 2. A partnership or joint venture, you are an maining period of less than 12 months, starting insured. Your members, your partners, and with the beginning of the policy period shown in their spouses are also insureds, but only with the Declarations, unless the policy period is ex- respect to the conduct of your business. tended after issuance for an additional period of 3. A limited liability company, you are an insured. less than 12 months. In that case, the additional Your members are also insureds, but only period will be deemed part of the last preceding with respect to the conduct of your business. period for purposes of determining the Limits of Your managers are insureds, but only with re- Insurance. spect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and direc- tors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 3 of 4 0 E. For the purposes of this endorsement, Condition d. No insured will, except at that insured's 2. — Duties In The Event Of Occurrence, Claim own cost, voluntarily make a payment, as- Or Suit of the Conditions Section IV is deleted sume any obligation, or incur any expense, and replaced by the following: other than for first aid, without our consent. 2. Duties In The Event Of Injury, Claim Or F. For the purposes of this endorsement, Paragraph Suit 4. of the Definitions Section is replaced by the a. You must see to it that we or our agent are following: notified as soon as practicable of a "bodily 4. "Coverage territory" means: injury by accident" or "bodily injury by dis- a. The United States of America (including its ease" which may result in a claim. To the territories and possessions), Puerto Rico extent possible, notice should include: and Canada; (1) How, when and where the "bodily injury b. International waters or airspace, but onlyif by accident" or "bodily injury by dis- p ease"took place; the injury or damage occurs in the course of travel or transportation between any (2) The names and addresses of any places included in a. above; or injured persons and witnesses; and c. All other parts of the world if the injury or (3) The nature and location of any injury. damage arises out of the activities of a b. If a claim is made or "suit" is brought person whose home is in the territory de- against any insured, you must: scribed in a. above, but who is away for a (1) Immediately record the specifics of the short time on your business; claim or "suit" and the date received; provided the insured's responsibility to pay and damages is determined in the United States (including its territories and possessions), (2) Notify us as soon as practicable. Puerto Rico, or Canada, in a suit on the mer- You must see to it that we receive written its according to the substantive law in such notice of the claim or "suit" as soon as territory, or in a settlement we agree to. practicable. G. The following are added to the Definitions Sec- c. You and any other involved insured must: tion: (1) Immediately send us copies of any 1. "Workers Compensation Law" means the demands, notices, summonses or legal Workers Compensation Law and any papers received in connection with the Occupational Disease Law of Washington. injury, claim, proceeding or"suit"; This does not include provisions of any law (2) Authorize us to obtain records and providing non-occupational disability benefits. other information; 2. "Bodily injury by accident" means bodily injury, (3) Cooperate with us and assist us, as we sickness or disease sustained by a person, may request, in the investigation or set- including death, resulting from an accident. A tlement of the claim or defense against disease is not "bodily injury by accident" the "suit"; unless it results directly from "bodily injury by accident". (4) Assist us, upon our request, in the enforcement of any right against any 3. "Bodily injury by disease" means a disease person or organization which may be sustained by a person, including death. "Bod- liable to the insured because of injury ily injury by disease" does not include adis- to which this insurance may also apply; ease that results directly from an accident. and H. For the purposes of this endorsement, the defini- (5) Do nothing after an injury occurs that tion of"bodily injury"does not apply. would interfere with our right to recover from others. Page 4 of 4 © ISO Properties, Inc., 2003 CG 04 42 11 03 0 COMMERCIAL GENERAL LIABILITY AG 19 77 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION - DESIGNATED PERSON(S) OR ORGANIZATION(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person(s) or Organization(s): The City of Kent—Park operations 220 Fourth Avenue South Kent, WA 98032. The Person(s)or Organization(s) listed or described in the SCHEDULE above have requested that they receive written notice of cancellation when this policy is cancelled by us. It is agreed that should this policy be cancelled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice (10 days for non-payment of premium)to the additional insured. The notification of cancellation of the policy is solely for the purpose of informing the Person(s) or Organization(s) shown in the SCHEDULE the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. Our failure to provide such notification will not extend any policy cancellation date nor impact or negate any cancellation of the policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AG 19 77 06 17 Rockingham Insurance Group Page 1 of 1 - ,t,_ _ •:�, _,-y. ;„ i .;j. yU $• tT ,C- Q'l Qa � :7• •2i` -� � '•t! City of Kent General Business License KENT , 2024 a� License Number 2240795 � UBI 6022532290010001 i City of Kent Licensee : 220 4th Avenue S Baker, Will East Wenatchee Kent, WA 98032 Pacific Tree Services 253-856-5200 909 N Jackson P1 Kentwa.gov East Wenatchee, WA 98802-4697 : customerservice@kentwa.gov License is issued for this ; . application www.FileLocal .org Issued: 8/1/2024 Expires : 12/31/2024 Not Transferable Post Conspicuously 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: 8/19/2024 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $59.07 15J 11 P 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 11 P 8Y View King Laborers Ballast Regular Machine $59.07 15J lip 8Y View King Laborers Batch Weighman $50.07 15J lip 8Y View King Laborers Brick Pavers $59.07 15J lip 8Y View King Laborers Brush Cutter $59.07 15J lip 8Y View King Laborers Brush Hog Feeder $59.07 15J lip 8Y View King Laborers Burner $59.07 15J lip 8Y View King Laborers Caisson Worker $60.90 15J lip 8Y View King Laborers Carpenter Tender $59.07 15J lip 8Y View King Laborers Cement Dumper-paving $60.15 15J lip 8Y View King Laborers Cement Finisher Tender $59.07 15J lip 8Y View King Laborers Change House Or Dry Shack $59.07 15J lip 8Y View King Laborers Chipping Gun (30 Lbs. And $60.15 15J lip 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 11P 8Y View King Laborers Choker Setter $59.07 15J lip 8Y View King Laborers Chuck Tender $59.07 15J lip 8Y View King Laborers Clary Power Spreader $60.15 15J lip 8Y View King Laborers Clean-up Laborer $59.07 15J 11P 8Y View King Laborers Concrete Dumper/Chute $60.15 15J lip 8Y View Operator King Laborers Concrete Form Stripper $59.07 15J lip 8Y View King Laborers Concrete Placement Crew $60.15 15J lip 8Y View King Laborers Concrete Saw Operator/Core $60.15 15J lip 8Y View Driller King Laborers Crusher Feeder $50.07 15J lip 8Y View King Laborers Curing Laborer $59.07 15J lip 8Y View King Laborers Demolition: Wrecking Et Moving $59.07 15J lip 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15J 11 P 8Y View King Laborers Diver $60.90 15J 11 P 8Y View King Laborers Drill Operator (Hydraulic, $60.15 15J lip 8Y View Diamond) King Laborers Dry Stack Walls $59.07 15J lip 8Y View King Laborers Dump Person $59.07 15J lip 8Y View King Laborers Epoxy Technician $59.07 15J lip 8Y View King Laborers Erosion Control Worker $59.07 15J lip 8Y View King Laborers Faller Et Bucker Chain Saw $60.15 15J lip 8Y View King Laborers Fine Graders $59.07 15J lip 8Y View King Laborers Firewatch $50.07 15J lip 8Y View King Laborers Form Setter $60.15 15J lip 8Y View King Laborers Gabian Basket Builders $59.07 15J lip 8Y View King Laborers General Laborer $59.07 15J lip 8Y View King Laborers Grade Checker Et Transit Person $62.49 15J lip 8Y View King Laborers Grinders $59.07 15J lip 8Y View King Laborers Grout Machine Tender $59.07 15J lip 8Y View King Laborers Groutmen (Pressure) Including $60.15 15J lip 8Y View Post Tension Beams King Laborers Guardrail Erector $59.07 15J lip 8Y View King Laborers Hazardous Waste Worker (Level $60.90 15J lip 8Y View A) King Laborers Hazardous Waste Worker (Level $60.15 15J lip 8Y View B) King Laborers Hazardous Waste Worker (Level $59.07 15J lip 8Y View C) King Laborers High Scaler $60.90 15J lip 8Y View King Laborers Jackhammer $60.15 15J lip 8Y View King Laborers Laserbeam Operator $60.15 15J lip 8Y View King Laborers Maintenance Person $59.07 15J lip 8Y View King Laborers Manhole Builder-Mudman $60.15 15J lip 8Y View King Laborers Material Yard Person $59.07 15J lip 8Y View King Laborers Mold Abatement Worker $59.07 15J lip 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J lip 8Y View King Laborers nozzleman (concrete pump, $62.49 15J lip 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $60.15 15J lip 8Y View King Laborers Pilot Car $50.07 15J lip 8Y View King Laborers Pipe Layer (Lead) $62.49 15J lip 8Y View King Laborers Pipe Layer/Tailor $60.15 15J lip 8Y View King Laborers Pipe Pot Tender $60.15 15J lip 8Y View King Laborers Pipe Reliner $60.15 15J lip 8Y View King Laborers Pipe Wrapper $60.15 15J lip 8Y View King Laborers Pot Tender $59.07 15J lip 8Y View King Laborers Powderman $60.90 15J lip 8Y View King Laborers Powderman's Helper $59.07 15J lip 8Y View King Laborers Power Jacks $60.15 15J lip 8Y View King Laborers Railroad Spike Puller - Power $60.15 15J lip 8Y View King Laborers Raker -Asphalt $62.49 15J lip 8Y View King Laborers Re-timberman $60.90 15J lip 8Y View King Laborers Remote Equipment Operator $60.15 15J lip 8Y View King Laborers Rigger/Signal Person $60.15 15J lip 8Y View King Laborers Rip Rap Person $59.07 15J lip 8Y View King Laborers Rivet Buster $60.15 15J lip 8Y View King Laborers Rodder $60.15 15J lip 8Y View King Laborers Scaffold Erector $59.07 15J lip 8Y View King Laborers Scale Person $59.07 15J lip 8Y View King Laborers Sloper (Over 20") $60.15 15J lip 8Y View King Laborers Sloper Sprayer $59.07 15J lip 8Y View King Laborers Spreader (Concrete) $60.15 15J lip 8Y View King Laborers Stake Hopper $59.07 15J lip 8Y View King Laborers Stock Piler $59.07 15J lip 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J 11P 8Y View Chair King Laborers Tamper Et Similar Electric, Air Et $60.15 15J lip 8Y View Gas Operated Tools King Laborers Tamper (Multiple E: Self- $60.15 15J lip 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J lip 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J lip 8Y View King Laborers Topper $59.07 15J lip 8Y View King Laborers Track Laborer $59.07 15J lip 8Y View King Laborers Track Liner (Power) $60.15 15J lip 8Y View King Laborers Traffic Control Laborer $53.54 15J lip 9C View King Laborers Traffic Control Supervisor $56.73 15J lip 9C View King Laborers Truck Spotter $59.07 15J lip 8Y View King Laborers Tugger Operator $60.15 15J lip 8Y View King Laborers Tunnel Work-Compressed Air $175.79 15J lip 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $180.82 15J lip 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $184.50 15J lip 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $190.20 15J lip 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $192.32 15J lip 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $197.42 15J lip 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $199.32 15J lip 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $201.32 15J lip 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $203.32 15J lip 9B View Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $62.59 15J lip 8Y View Tender King Laborers Tunnel Work-Miner $62.59 15J lip 8Y View King Laborers Vibrator $60.15 15J lip 8Y View King Laborers Vinyl Seamer $59.07 15J lip 8Y View King Laborers Watchman $45.51 15J lip 8Y View King Laborers Welder $60.15 15J lip 8Y View King Laborers Well Point Laborer $60.15 15J lip 8Y View King Laborers Window Washer/Cleaner $45.51 15J lip 8Y View Signature: �-.,'L Signature: Garin Lee(Sep 9,202410:08 PDT) Kent Parks(Sep 10,202412:25 PDT) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: Kirov KO Kim Komoto(Sep 12,202407:14 PDT) Email: cityclerk@kentwa.gov OPS-090624-PacificTreeServices-TreeRemoval Final Audit Report 2024-09-12 Created: 2024-09-06 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAACocgLt-juN1Bs4KxcQyPCVSBh48oNhd0 "OPS-090624-PacificTreeServices-TreeRemoval" History Document created by Shayla Ott (sott@kentwa.gov) 2024-09-06-9:55:46 PM GMT Document emailed to glee@kentwa.gov for signature 2024-09-06-10:01:50 PM GMT Email viewed by glee@kentwa.gov 2024-09-09-5:07:13 PM GMT d4 Signer glee@kentwa.gov entered name at signing as Garin Lee 2024-09-09-5:07:58 PM GMT �a Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2024-09-09-5:08:00 PM GMT-Time Source:server Document emailed to Kent Parks (parkscontracts@kentwa.gov) for signature 2024-09-09-5:08:03 PM GMT Email viewed by Kent Parks (parkscontracts@kentwa.gov) 2024-09-10-6:58:39 PM GMT d4 Document e-signed by Kent Parks (parkscontracts@kentwa.gov) Signature Date:2024-09-10-7:25:56 PM GMT-Time Source:server Document emailed to bjlevenhagen@kentwa.gov for signature 2024-09-10-7:26:12 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2024-09-10-7:27:36 PM GMT Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2024-09-10-7:27:57 PM GMT Powered by Adobe L�KEN7 Acrobat Sign �p Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2024-09-10-7:27:59 PM GMT-Time Source:server Document emailed to ben.achziger@gmail.com for signature 2024-09-10-7:28:02 PM GMT Email viewed by ben.achziger@gmail.com 2024-09-11 -10:11:40 PM GMT Signer ben.achziger@gmail.com entered name at signing as Benjamin Achziger 2024-09-11 -10:16:41 PM GMT dg Document e-signed by Benjamin Achziger(ben.achziger@gmail.com) Signature Date:2024-09-11 -10:16:43 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-09-11 -10:16:46 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-09-11 -10:45:07 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-09-11 -10:45:23 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-09-11 -10:45:25 PM GMT Email viewed by cityclerk@kentwa.gov 2024-09-12-2:12:39 PM GMT Signer cityclerk@kentwa.gov entered name at signing as Kim Komoto 2024-09-12-2:14:37 PM GMT da Document e-signed by Kim Komoto (cityclerk@kentwa.gov) Signature Date:2024-09-12-2:14:39 PM GMT-Time Source:server D Agreement completed. 2024-09-12-2:14:39 PM GMT Powered by Adobe L�KEN7 Acrobat Sign