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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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1 /7/24, 11:54 AM
Washington State Department of Revenue
Page 1 of 2
Endorsements
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Details Status
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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
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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
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1 /7/24, 11:54 AM Washington State Department of Revenue
Registered trade names Status First issued
KOCH HOLDINGS, INC Active Jul-18-2016
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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