Loading...
AG 24-019 - KOCH HOLDINGS, INC. DBA ALL CITY FENCE CO.RETURN TO: PK ADMIN EXT: 6901 ID #: I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: 2. 3. ORIGINATING STAFF PERSON: George Rlchen EXT: 6963 DATE Ri'Q. BY: 1 /19/24 TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT m SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL A 4. PROJECT NAME:, Steel Lake Maintenance Yard Security Fence Reinforcements _ 5. NAME OFCONTPACTOR. Koch Holdings, Inc. dba All City Fence Co ADDRESS: PO Box 84307, Seattle, WA 98124 E-MAIL.- www.allcitvfence.com _ SIGNATURE NAME: Rick Koch 6. EXHIBITS AND ATTACHMENTS: m SCOPE, WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS m PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # 602-734-717 . EXP. 6 /30 / 2A 7. TERM: COMMENCEMENT DATE: Upon signature COMPLETION DATE: 6/30/24 8. TOTAL COMPENSATION: $ 32, 690.39 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES Il NO IF YES, MAXIMUM DOLLAR AMOUNT: $ 2, 998.85 IS SALES TAX OWED: ra YES ❑ NO IF YES, $ 2.998.85 PAID BY: m CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: Project Code - 261115-38500 001-7100-331-576-80-480 9. DOCUMENT / CONTRACT REVIEW 6 PARKS PROJECT MANAGER ❑ PUBLIC WORKS ❑ DEPUTY DIRECTOR v DIRECTOR w LAW DEPT INITIAL / DATE REVIEWED GR 1/8/24 JRH 1/8/24 JE 1/11124 INITIAL / DATE APPROVED 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC, D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT I AW DEPT NATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED I COMMENTS: v:7ltiFT=3 � I I/2023 FEDERAL WAY PARKS LIMITED PUBLIC WORKS CONTRACT FOR STEEL LAKE MAINTENANCE YARD FENCE REINFORCEMENTS This limited public works contract ("Contract") is dated effective this day of , 2024 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and Koch Holdings, Inc. dba All City Fence Co, a State of Washington Corporation ("Contractor"). KOCH HOLDINGS, INC. dba ALL CITY CITY OF FEDERAL WAY: FENCE CO: Rick Koch PO Box 84307 Seattle, WA 98124 206-324-3 747(telephone) 206-324-1508 (facsimile) George Richen, Parks and Facilities Manager 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-6963 (telephone) (253) 835-6969 (facsimile) com A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at 31130 28th Ave S, Federal Way, Washington 98003 ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Steel Lake Maintenance Yard Fence Reinforcement project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit `B," Notice to Labor Unions attached as Exhibit "C," Certificate(s) of Insurance Form attached hereto as Exhibit "D," Prevailing Wage Rates attached as Exhibit "E," Title VI Assurances attached hereto as Exhibit "F," and, all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 30th day of June, 2024. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 4/2023 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public, can impact traffic, interfere with and delay commerce, and increase risk to the City and the public. Delays also cost tax payers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings (if applicable) are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods (if applicable), or correction or repair remains to physically complete the total Contract, the Engineer may determine the Contract Work is substantially complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including, but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permits, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the .2 4/2023 Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made - and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require determining if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 30th day of June, 2024, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including, but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3 4/2023 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Twenty -Nine Thousand Six Hundred Ninety and 54/100 Dollars ($29,690.54), and Washington State sales tax equal to Two Thousand Nine Hundred Ninety -Eight and 85/100 Dollars ($2998.85), for a total amount not to exceed Thirty -Two Thousand Six Hundred Ninety and 39/100 Dollars ($32,690.39), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of . any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion,- which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative: Payment shall be made 'within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: George Richen, Parks and Facilities Manager 33325 8th Avenue South Federal Way, WA 98003-6325 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by 4 4/2023 Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "C," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit F. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits 4/2023 payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and, all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is 6 4/2023 brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, attached hereto as Exhibit "D" and incorporated by this reference. ' The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near- the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The 7 4/2023 Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 11. PREVAILING WAGES 11.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, work persons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "B" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 11.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 11.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 11.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 12. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 8 4/2023 13. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 14. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 15. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 16. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 17. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required .by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 17.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its subcontractors to include the same 9 4/2023 language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 17.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 18. GENERAL PROVISIONS 18.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 18.2 Modification_. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 18.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 18.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 18.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 10 4/2023 18.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authorily. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 18.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 18.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 18.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 18.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. [signature page to follow] 11 4/2023 CITY OF FEDERAL WAY: J r ll, Mayor 8th Avenue South eeral Way, WA 98003-6325 APPROVED AS TO FORM: ATTEST: 5J.an Call, 4Cib Attorne ph nie Courtney, CMC, it Clerk KOCH HOLDINGS, L CITY FENCE CO: By: Its: Owner Date: 01/16/2024 STATE OF WASHINGTON ) ) ss. COUNTY OF WA ) On this day personally appeared before me Rick Koch , to me known to be the Owner of Koch Hotdings, Inc. dba All City Fence_ Co that executed the within and foregoing instrument, and acknowledged the said instrument to he the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN under my hand and official seal this 16th ►�%IIIIIIIit$f1l EXP - OTARV PUBLIC Notary's signature Notary's printed name day of January , 2024. — �, �, 4/-1 t�,�- Robyn srnter Notary Public in and for the State. of Washington. My commission expires_ 3/17/2025 12 4/2023 EXHIBIT A SCOPE OF WORK 1. Contractor shall replace the existing gate on North end of property. a. Existing gate is 24' opening slide gate made of 6' high black vinyl coated chain link. b. Contractor shall add a puck lock to the replacement slide gate. 2. Contractor shall install puck lock on existing double swing gate located on west yard fence just north of shop office. 3. Contractor shall add expanded metal (black) to west fence between the shop office building and the north corner post. 4. Contractor shall add Ultra Barrier to west fence from the shop office building to the north corner post. 5. Contractor shall replace approximately 30' of damaged 5' tall galvanized chain -link fencing, including barbwire, at southeast corner near apartments. 6. Contractor shall add galvanized expanded metal to south fence (approximately 130') including over repaired fence areas completed by contractor in point number five above. 13 4/2023 EXHIBIT B CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE SUMMARY OF PROPOSED CHANGES: CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑ No ❑ Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DIRECTOR'S SIGNATURE DATE DATE 14 4/2023 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE 15 4/2023 TO: EXHIBIT C NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. 16 4/2023 Client#: 2258792 303ALLCIT3 DATE (MM/DD/YYYY) ACORD. CERTIFICATE OF LIABILITY INSURANCE 1 1/22/2024 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(iesj 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 any rights to the certificate holder in lieu of such endorsement(s). CS)NTACT PRODUCER NAME: McGriff Insurance Services LLC PHONE IFAX A!C No Ext ; (AIC, No): 3111 Camino Del Rio North, Suite 1100 ADDRESS: CertsCA@McGriff.com San Diego, CA 92108 INSURER(SI AFFORDWO COVERAGE NAIL is INSURER A: Continental Western Insurance CO 110804 INSURED Koch Holdings, Inc. DBA: All City Fence Attn: Rick Koch PO Box 84307 Seattle, WA 98124 INSURER B : INSURER C ; INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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. I� TYPE OF INSURANCE ADD INSRINYD POLICY NUMBER _ 1MM UDY/YYYY MrONSY EYCP LIMITS A X COMMERCIAL GENERAL LIABILITY CPA604657322 05/1912023 05/1912024 EACH OCCURRENCE $1 00O 000 PRENUSES oREXTEurence $1,000000 CLAIMS -MADE OCCUR MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 POLICY JEC LOC Umbrella $5,000,000 OTHER: A AUTOMOBILE LIABILITY _ CPA604657322 05/19/2023 05/19/2024 E0,MeDtSINGLELEMtT $1,000,000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS AUTOS ONLY Ix NON -OWNED XAUTOS ONLY AUTOS ONLY PROPERTYDAMAGEHIRED Par accident $ UMBRELLA LIAB EACH OCCURRENCE $ HOCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ CPA604657322 Stop Gap Employers A WORKERS COMPENSATION AND EMPLOYERS' LIAMLrTY N ANY PROPRIE7oR1PARTNERlEXECUTIVE YIN OFFICE WMEMBE R EXCLUDED? (Mandatory In NH) N / A )5/19/2023 05/19/202 PTA TF X OTH- E.L. EACH ACCIDENT $1 000 000 E.L. DISEASE - EA EMPLOYEE $1 000 000 E.L. DISEASE - POLICY LIMIT $1 00O 000 If yes, describe under DESCRIPTION OF OPERATIONS below . Liability T1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Federal Way is included as Additional Insured with respect to General Liability Coverage where required by written contract. LAIN City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Federal Way Parks Department ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave., S. Federal Way, WA 98003-6325 AUTHORIZED REPRESENTATIVE PR U 19tlti-1U10 AGUKU GUKYUKA I IUN. AU ngnis reserves. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S33639571/M33218292 FAHM This page has been left blank intentionally. Koch Holdings, Inc. DBA: All City Fence CPA604657322 COMMERCIAL GENERAL LIABILITY CL CG 04 92 10 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability — Damage To Premises Rented To You (Fire, Lightning, Ex iosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $3013,D00 E. Medical Payments See Declarations F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Cam an And Extended Period Of Covera e Included K. Who Is An Insured — Amendment Included I. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. Supplementary Payments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others included M. Liberalization Clause Included N. Incidental Medical Malpractice Included The above is a summary only. Please consult the specific provisions that follow for complete information on the extensions provided. The provisions of the Commercial General Liability in writing in a contract or agreement that such P person or organization be added as an Coverage Part apply except as otherwise provided in additional insured on your policy, provided this endorsement. This endorsement applies only if that: such Coverage Part is included in this policy, A. MISCELLANEOUS ADDITIONAL. INSUREDS a. The written contract or written agreement is: 1. Section li —Who Is An Insured is amended (1) Currently in effect or becoming to include as an insured any person or effective during the term of this policy, organization (referred to as an additional and insured below) described in Paragraphs A.1.c.(1) through A.1.c.(9) below when you (2) Fully executed by you and the and such person or organization have agreed additional insured prior to the "bodily CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 8 with its permission injury", "property damage" or (1.1) The preparing, approving, "personal and advertising injury". or failing to prepare or b. The insurance afforded by this provision approve, maps, shop does not apply to any person or drawings, opinions, reports, organization included as an additional surveys, field orders, insured by a separate endorsement change orders or drawings issued by us and made a part of this policy and specifications; or or coverage part. (1.2) Supervisory, inspection, c. Only the following persons or architectural or engineering organizations are additional insureds activities. under this provision, with coverage for This exclusion applies even if the such additional insureds limited as claims against any insured allege provided herein: negligence or other wrongdoing in the (1) Persons or Organizations For supervision, hiring, employment, Whom Operations Are Performed training or monitoring of others by that insured, if the "occurrence" which (a) Any person or organization for caused the "bodily injury" or "property whom you are performing damage", or the offense which operations when you and such caused the "personal and advertising person or organization have injury", involved the rendering of, or agreed in writing in a contract or the failure to render, any professional agreement that such person or architectural, . engineering or organization be added as an surveying services. additional insured to your policy; and (I!) "Bodily injury" or "property damage" occurring after: (b) Any other person or organization you are required to add as an (1,1) All work, including additional insured under the materials, parts or contract or agreement described equipment furnished in In paragraph (a) above_ connection with such work, on the project (c) Such person(s) or organization(s) (other than service, is an additional insured only with maintenance or repairs) respect to liability for "bodily to be performed by or on injury", "property damage" or behalf of the additional "personal and advertising Injury" insureds) at the location caused, in whole or in part, by: of the covered operations (I) Your acts or omissions; or has been completed; or (ii) The acts or omissions of (1.2) That portion of "your those acting on your behalf; work" out of which the injury or damage arises in the performance or your ongoing has -been put to -Ifs if§ operations for the additional insured. intended use by any (d) with respect to the insurance person or organization other than another afforded to these additional insureds, the following additional contractor or exclusions apply: subcontractor engaged in performing operations for This insurance does not apply to: a principal as a part of the (i) "Bodily Injury", "property Same_nm-_J--t. damage" or "personal and (2) Managers Or Lessors Of Premises advertising injury" arising out A manager or lessor of premises but of the rendering of, or the failure to render, any only with respect to liability arising out professional architectural, of the ownership, maintenance or use engineering or surveying of that part of the premises leased to services, including: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 8 with its permission you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises, (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (3) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (4) Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but, only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. (5) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such leased equipment ends. This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (6) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits Or Authorizations Relating To Premises Any state, municipality, governmental agency or subdivision or other political subdivision subject to the following additional provisions: (a) This insurance applies only with respect to: (1) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (1.2) The construction, erection or removal of elevators; or (1.3) The ownership, maintenance or use of any elevators covered by this insurance. (ii) Operations performed by you or on your behalf for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization. CL CG 04 92 10 18 .includes copyrighted material of Insurance Services Office, Inc., Page 3 of 8 with its permission (b) This insurance does not apply to (iii) Any physical or chemical "bodily injury", "property damage" change in the product made or "personal and advertising intentionally by the injury" arising out of operations vendor; performed for the state, municipality, � governmental (iv) Repackaging, except when agency- or subdivision or other unpacked solely for the political subdivision. purpose of inspection, demonstration, testing, or the (7) Controlling Interest substitution of parts under Any person(s) or organizationwith instructions from thes) a controlling interest in the Named manufacturer, and then Insured but only with respect to their repackaged in the original liability arising out of: container; (a) Their financial control of you; or (v) Any failure to make suchinspections, adjustments, (b) Premises they own, maintain or tests or servicing as the control while you lease or occupy vendor has agreed to make these premises. or normally undertakes to This insurance does not apply to make in the usual course ofbusiness, structural alterations, new in connection with construction or demolition operations the distribution or sale of the performed by or for such person(s) or products; organization(s). (vi) Demonstration, installation, (8) Co -Owner Of Insured Premises servicing or repair operations, except such A co-owner of a premises co -awned operations performed at the by you and covered under this vendor's premises in insurance but only with respect to the connection with the sale of co -owner's liability as co-owner of the product; such premises. (vii) Products which, after (9) Vendors distribution or sale by you, (a) Any person(s) or organization(s) have been labeled or (referred to as vendor), but only "bodily relabeled or used as a container, a or ingreediennt with respect to iniury" or property damage arising out of "your substance by or for the products" which are vendor; or distributed or sold in the regular course of the vendor's business. (viii) "Bodily injury" or "property The insurance afforded the damage" arising out of the - - _ _ nnrirlr rinq��?�Pr'Y•� _ _ - - - }v'c- - sole negligence of the vendor - - -for its own acts or omissions (i) "Bodily injury" or "property or those of its employees or damage" for which the anyone else acting on its vendor is obligated to pay behalf. However, this damages by reason of the exclusion does not apply to: assumption of liability in a 0.1) The exceptions written contract or written contained in Sub - agreement. This exclusion r,� n ,-„� v, _,,.h (iv) does not annly to liability_ fnr r,arag. ' damages that the vendor VI OC �' would have in the absence of (1.2) Such inspections, the written contract or written adjustments, tests or agreement; servicing as the (ii) Any express warranty vendor has agreed to make or normallyundertakes unauthorized by you; to make CL CG 04 9210 18 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 8 with its permission in the usual course of business, in connection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organization, from whom you have acquired products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through A.1.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury' arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted by law. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to the additionai insureds within this Provision A. Miscellaneous Additional Insureds, the following is added to Section III — Limits Of Insurance: B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "Bodily. injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a partnership or a limited liability company. To the extent possible, notice should include: (i) How, when and where the "occurrence" or offense took place; (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. The most we will pay on behalf of the D. LEGAL LIABILITY — DAMAGE TO PREMISES additional insured is the amount of insurance: RENTED TO YOU (Fire, Lightning, Explosion, a. Required by the written contractor written Smoke, Or Leakage ' From Automatic Fire agreement; or Protective Systems) b. Available under the applicable Limits Of If damage to premises rented to you is not Insurance shown in the Declarations; otherwise excluded from this policy or coverage part, then the following provisions apply: whichever is less. 1. Under Section I — Coverage A — Bodily This endorsement shall not increase the Injury And Property Damage Liability, the applicable Limits Of Insurance shown in the lastparagraph (after the exclusions) is deleted Declarations. and replaced by the following: CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 8 With its permission Exclusions c. through n. do not apply to damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. The paragraph immediately after Sub- paragraph 1.(6) of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations, is the most we will pay under Coverage A for damages because of 'property damage" to premises while rented to you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by - -- - - oi ii a$ u riii8 r: This limit will apply to all damage proximately caused by the same event, whether such damage results from fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1)(a)(ii) of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. 'insured contract" of Section V — Definitions is deleted and replaced by the following: a. A' contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability — Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS The Medical Expense Limit is changed, subject to the terms of Section III — Limits Of Insurance, to the Medical Expense Limit shown in the Declarations. F. MOBILE EQUIPMENT REDEFINED Subparagraph f.(1) of Definition 12. "Mobile equipment" of Section V — Definitions is deleted and replaced by the following: (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. Ntvq Y rpRMEU pR ACQUIRED ORGANIZATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II — Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a jroint vents irP and over whinh yoi ii maintain ownership or: a. Majority interest of more than 50% if you are a corporation; (ill) That is fire, lightning, explosion, "smoke" b. Majority interest of more than 50% as a or leakage from automatic Fire protective general partner of a newly acquired or systems insurance for premises rented to formed partnership; and/or CL CG 04 9210 i8 includes copyrighted material of Insurance Services Office, Inc., Page 6 of 8 with its permission c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organizations: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (III) Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (Iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those partnerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section II — Who Is An Insured.is deleted and replaced by the I'vlowing: No person or organization is an insured with respect to the conduct of any: a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section li — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. J. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section 1 — Supplementary Payments — Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. K. UNINTENTIONAL OMISSION OR UNINTENTIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional omission of, or unintentional error in, any information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional. premium or to exercise our right of cancellation or non -renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 8 with its permission person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV — Commercial General Liability Conditions: It we adopt a mandatory attachment form change which broadens coverage under this edition of the Commerciat General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CGO001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001. N. INCIDENTAL MEDICAL MALPRACTICE 1. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — [!nmrnnrn,iaFl Cxsneero[ CL CG 04 92 10 18 Includes copyrighted material of Insurance Services Office, Inc., Page 8 of 8 with its permission Koch Holdings, Inc. DBA: All City Fence Policy Number CPA604657322 Policy Period 05/19/2023 to 05/19/2024 COMMERCIAL GENERAL LIABILITY CL CG 20 6710 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING AND COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contractor agreement that such person(s) or organization(s) be added as an additional insured to your policy. Such person(s) or organization($) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Acts or omissions of the Named Insured; or 2. The acts or omissions of those acting on behalf of the Named Insured; in the performance of the Named Insureds ongoing work and/or included in the "products completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. 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 or agreement to provide for such additional insured. For purposes of this endorsement, throughout the policy, the terms "you" and "your' refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or CL CG 20 6710 21 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 with its permission. the failure to render, any professional architectural, engineering or surveying services. 2. Subject to paragraph 3. below, professional services include - a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders. or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager. its employees or its subcontractors in connection with your ongoing operations. C. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section III- Limits Of Insurance- If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance Condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss ordamage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., CL CG 20 6710 21 with its permission. EXHIBIT E PREVAILING RATE OF WAGE (SEE ATTACHED). County Trade Job Classfficationl Wage Holiday Overtime Note *Risk Class King Fence Erectors Fence Erector 550.07 15J 15P 8Y View King Fence Erectors Fence Laborer $50.07 15J lip BY View 18 4/2023 1 /7/24, 11:54 AM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: KOCH HOLDINGS, INC. Business ALL CITY FENCE CO name: Entity type: Profit Corporation UBI #: 602-734-717 Business ID: 001 Location ID: 0002 Location: Active Location address: 27802 PACIFIC HWY S STE A FEDERAL WAY WA 98003-2978 Mailing address: PO BOX 84307 SEATTLE WA 98124-5607 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results https://secure.dor.wa.gov/gteunauth/_/#2 114 1 /7/24, 11:54 AM Washington State Department of Revenue Page 1 of 2 Endorsements Filter Endorsements held z License # Count Details Status Expiration First issua Algona General Active Jun-30-2C May-17-2 Business — Non - Resident Auburn General BUS-2735 Active Jan-31-2C Jan-10-2C Business - Non - Resident Burien General Active Jun-30-2( Sep-27-21 Business - Non - Resident Covington General, Active Jun-30-2( May-27-2 Business - Non - Resident Federal Way Active Jun-30-2( Jun-02-2C General Business Gig Harbor Active Jun-30-2C May-17-2 General Business - Non -Resident Issaquah General Active Jan-31-2C Jan-24-2C Business - Non - Resident Kirkland General Active Jun-30-2( Sep-27-21 Business - Non - Resident Lakewood General Active Jun-30-2( Sep-28-21 Business - Non - Resident https://secure.dor.wa.gov/gteunauth/_/#2 2/4 1/7/2 4, 11:54 AM Washington State Department of Revenue Endorsements held a License # Count Details Status Expiratior First issua Lynnwood General Active Mar-31-Z Mar-03-2 Business - Non - Resident Maple Valley Active Jun-30-2( Jun-09-2( General Business - Non -Resident Mercer Island 230023 Active Jan=31-2C Jan-10-2C General Business - Non -Resident Mukilteo General Active Feb-29-2( Feb-28-2( Business - Non - Resident Redmond General Active Jun-30-2( Jun-10-2( Business - Non - Resident SeaTac General Active Jun-30-2( Oct-06-2( Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people Title KOCH, RICK E. Registered Trade Names Registered trade names Status ALL CITY FENCE CO Active First issued May-15-2017 https://secure.dor.wa.gov/gteunauth/_/*2 3/4 1 /7/24, 11:54 AM Washington State Department of Revenue Registered trade names Status First issued KOCH HOLDINGS, INC Active Jul-18-2016 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 1/7/2024 11:54:16 AM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—/#2 4/4 1/7/24, 11:59 AM Corporations and Charities System BUSINESS INFORMATION Business Name: KOCH HOLDINGS, INC. UBI Number: 602 734 717 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 27802 PACIFIC HWY S, SUITE A, FEDERAL WAY, WA, 98003, UNITED STATES Principal Office Mailing Address: 66 S HANFORD ST STE 300, SEATTLE, WA 98134, SEATTLE, WA, 98134-1867, UNITED STATES Expiration Date: 06/30/2024 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 06/12/2007 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, FENCING PRODUCTS AND FENCING INSTALLATION REGISTERED AGENT INFORMATION Registered Agent Name: JAMES SCHERMER Street Address: 66 S HANFORD ST STE 300, SEATTLE, WA, 98134-1867, UNITED STATES Mailing Address: 66 S HANFORD ST STE 300, SEATTLE, WA, 98134-1867, UNITED STATES GOVERNORS Title GOVERNOR Governors Type INDIVIDUAL Entity Name First Name RICK E. Last Name KOCH hftps://ccfs.sos*wa.gov/?� Nj120S41 LjEuMTcwNDY1 NzQwNi... 1/1 Mary Jaenicke From: David Liang Sent: Friday, November 17, 2023 11:47 AM To: Jarred Larson; George Richen Cc: John Hutton; EJ Walsh; Jason Gerwen; Desiree Winkler; Chase Donnelly; Steve Groom; Brian Davis Subject: RE: Emergency Purchase Declaration Good morning Jarred and George, Project 261115 is set up for 2023 Emergency Procurement: Project codes Description ACCT # Object Code 261115-23120 Operating Supplies 312 261115-23190 Repair & Maintenance Supplies 319 261115-23540 Minor Equipment 354 261115-38500 Capital Equipment 640 or 644 Please write down above Project codes with appropriate account numbers on all receipts/invoices for 2023 Emergency Procurement. Let me know if you have any questions. Thank you, David Liang Financial Analyst C", Federal Way 33325 8th Ave So., Federal Way, WA 98003 Ph: 253.835.2524 From: EJ Walsh <EJ.Walsh@cityoffederalway.com> Sent: Wednesday, November 15, 2023 2:24 PM To: Jarred Larson <Jarred. Larson@cityoffedera lway.com>; George Richen <George,Riche n@cityoffed_era Iway.com>; Chase Donnelly <Chase.Donnelly cityoffederalway.com>; Steve Groom <Steve.Groom @cityoffederalway.com> Cc: John Hutton <John.Hutton@citvoffederaiway.com>; Jason Gerwen<Jason.Gerwen@cityof€ederalway.com>; Desiree Winkler <Desiree.Winkler@cityoffederalway.com>; Brian Davis <Brian. Davis@citvoffederalway.com> Subject: Emergency Purchase Declaration Jarred / George — Please see the attached executed Emergency Purchase - Essential Equipment Replacement. Please get the critical equipment here as soon as possible, ideally before COB tomorrow. If staff need to go to a couple of different vendors to get the various things that is fine. I am assuming that all of the larger stuff will be State Contract pricing. Finance is setting up a project code to track this. When Chase has that, please make sure it is written on all receipts / invoices. If you have any questions or comments, please do not hesitate to contact me. EJ Walsh, PE Public Works Director -k n CCerderal Way 33325 81h Ave South Federal Way, WA 98003 Office: (253) 835-2713 www.CitvofFederalWay.com