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HomeMy WebLinkAboutPK07-174 - Original - Wayne's Roofing - 30 City Building Semi-Annual Roof Inspection - 04/10/2007 f =- Records M e m,e KENT Document W.SHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact City Clerks Office. Wayne's Roofing Vendor Name: Vendor Number: JD Edwards Number Contract Number: PKo7- 7� This is assigned by Deputy City Clerk Description: Semi-Annual Roof Inspections of 30 City Buildings Detail: Wayne's Roof Inspections buildina roofs, if there needs to be repairs we then either contract with them or another company to do the repairs Project Name: Semi- Annual roof Inspections Contract Effective Date: January 1, 2007 Termination Date: Dec. 31, 2007 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Charlie Lindsey Department: Parks Facilities Abstract: 5 Pubhc\RecordsManagement\forms\Contractcover\ADCL7832 07102 KENT WRS HINGTON GOODS & SERVICES AGREEMENT between the City of Kent and Wayne's Roofing, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wayne's Roofing, Inc organized under the laws of the State of Washington, located and doing business at 13105 Houston Rd., Sumner, Wa. 98390, Donald Guthrie, 253-863-4455 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City Semi-annual roofing inspections for 30 City of Kent Buildings which is attached as Exhibit A Vendor shall inspect the roofs in accordance with the estimate dated January 1, 2007, which is attached and incorporated as Exhibit B. If any repairs are necessary, the parties will negotiatie and enter into a separate Public Works Agreement for those repairs. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials. and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materials, and services by December 31, 2007. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Thirteen-thousand eight-hundred fifteen dollars and thirty-four cents ($13,815.34), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule. GOODS&SERVICES AGREEMENT- I (Over$10,000 00, including WSST) The City shall pay Contractor fifty percent (50%) of the contract amount upon completion and acceptance of the first inspection to be completed in the Spring of 2007, and the remainder upon fulfillment of the conditions listed below and throughout this Agreement. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work, however, the GOODS& SERVICES AGREEMENT-2 (Over$]0,000 00, including wSST) Vendor may elect to protest the adjustment as provided in subsections A through E of Section VII, Claims, below. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information• 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined, and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. GOODS& SERVICES AGREEMENT-3 (Over$10,000 00, including WSST) D. Failure to Protest Constitutes Waiver By not protesting as this section provides,the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions,instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City The Vendor shall correct all defects in workmanship and materials within one (1) year from the date of the City's acceptance of the Contract work. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. GOODS & SERVICES AGREEMENT-4 (Over$]0,000 00, including WSST) The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its v P tY Y q contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assi ng ment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. GOODS& SERVICES AGREEMENT-5 (Over$10,000 00, includingWSST) r However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement,which shall become effective on the last date entered below. VENDOR: CITY OF KENT: By: By: zz�� � (signature) (signature} Print Name: �vui4�A ����� Print Suzette Cooke Its ?ki�occ'n— Its Ma vor rtle}� DATE: ? 'L$ 01 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Donald Guthrie Charlie Lindsey, Superintendent of Facilities Wayne's Roofing, Inc. City of Kent 13150 Houston Rd 220 Fourth Avenue South Sumner, Wa. 98390 Kent, WA 98032 253-863-4455 (telephone) (253) 856-5081 (telephone) 253-863-8311 (facsimile) (253) 856-6080 (facsimile) AP ROVED AS TO FORM: 14, Pi"11A bk "" en aw D p merit Wayne's Roofing Contract2007s GOODS& SERVICES AGREEMENT-6 (Over$10,000 00, including WSST) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this t day of [M�`�; , 200 1. By: \\ For: Ili`1u Title: p'(�-K x� C►. ,r Date: 1 1'1-3 01 EEO COMPLIANCE DOCUMENTS- 1 of 3 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim Wlute, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS -2 of 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date)—, between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of , 200 By: For: Title: Date: EEO COMPLIANCE DOCUMENTS-3 of 3 62/13/2e07 11:22 2536636311 WAYNtS KUuh,iriu lrvV City of Kent B AddressFacility Centennial Center harlie Lindsey Alex Ackley(206)310-6887 400 Vest Gowe rpN!arne: Facilities Superintendent Kent, Wa 253) 856-5081 USA Fax, (253) 856-6080 City Hall Name Charlie Lindsey Alex Ackley(206)310-6887 220 4th Ave Position: Facilities Superintendent Kent, Wa Phone. (253) 856-5081 USA Fax: (253) 856-6080 City Hall Annex Name, Charlie Lindsey Alex Ackley(206)310-6887 302 Wcst Gowe Position, Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax- (253) 856-6080 Clubhouse Name, Charlie Lindsey Alex Ackley(206)310-6887 2019 W.Meeker Position Facilities Superintendent Kent, Wa Phone: (253) 856-5081 USA Fax. (253) 856-6080 Commons Name- Charlie Lindsey Alex Ackley(206)310-6887 525N 4th Ave Position Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax: (253) 856-5080 Corrections Name Charlie Lindsey AIex Ackley(206)310.6887 1230 S, Central Position, Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax. (253) 856-6080 Corrections Annex Name- Charlie Lindsey Alex Ackley(206)310-6887 8309 S. 259th St. Position Facilities Superintendent Kent, Wa Phone: (253) 856-5081 USA Fax, (253) 856-6D80 Drill Tower Name: Charlie Lindsey Alex Ackley(206)310-6887 24611 1 16th SE Position Facilities Superintendent Kent, Wa Phone (253) 656-5081 USA Fax. (253) 85MO80 Driving Range Name, Charlie Lindsey Alex Ackley(206)310.6887 2020 W. Meeker Position Facilities Superintendent Kent. Wa Phone (253) 856-5081 USA Fax (253) 856-6080 Prepared by, Waynes Roofing Inc, Page . 1 February 13, 2007 02/13/2007 11:22 2538638311 WAVNES ROOFING INC PAGE 03 City of Kent EX, Facility Address List,Continued... ! J 'J , ff"Y d1Q1'Iry tyAY Fire Headquarters Name Charlie Lindsey Alex Ackley(206)310-6887 24611 116th SE Position: Facilities Superintendent Kent, We Phone. (253) 856-5081 USA Fax (253) 856-6080 Fire Station -71 Name. Charlie Lindsey Alex Ackley(206)310-6887 504 W. Crow Position Facilities Superintendent Kent, Wa Phone. (253) 856-5081 USA Fax (253) 856-6080 Fire Station - 72 Name Charlie Lindsey Alex Ackley(206)310.6887 25620 140th SE Position, Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax, (253) 856-6080 I Fire Station -73 Name Charlie Lindsey Alex Ackley(206)310-6887 26512 Military Road Position Facilities Superintendent Kent, Wa Phone: (253) 856-5081 USA Fax (253) 856-6080 Fire Station -75 Name Charlie Lindsey Alex Ackley(206)310-6887 15635 SC 272ed Position Facilities Superintendent Kent, Wa Phone, (253)856-5081 USA Fax (253) 856-6080 Fire Station-76 Name Charlie Lindsey Alex Ackley(206)3'0-6887 20676 72nd S. Position Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax (253) 856-6080 Fire Station-77 Name' Charlie Lindsey Alex Ackley(206)310-6887 20717 132nd Ave. S.E. Position, Facilities Superintendent Kent, Wa Phone, (253) 856-5081 USA Fax (253) 856-6080 Firing Range Name Charlie Lindsey Alex Ackley(206)310-6887 24611 1 16th SE Position Facilities Superintendent Kent, Wa Phone* (253) 856-5081 USA Fax (253) 856-8080 Green River Res. Ctr. Name Charlie Lindsey Alex Ackley(206)310-6887 22306 Russell Road Position: Facilities Superintendent Kent, Wa Phone. (253) 856-5081 USA Fax (253) 856-6080 Prepared by Waynes Roofing Inc Page . 2 Febrt,ary 13, 2007 r32/ld/2FJ07 11: 22 2539638311 WAWNES ROOFING INC PAGE 04 City of Kent EX Facility Address • -d Historical Museum Building Name: Charlie Lindsey Alex Ackley(206)310-6887 855 E. Smith Street Position. Facilities Superintendent Kent, We Phone (253) 856-5081 USA Fax (253) 856-6080 98032 Kent Pool Name- Charlie Lindsey Alex Ackley(206)310,6887 25316 101st Ave. SE Position Facilities Superintendent Kent, We Phone (253) 856-5081 USA Fax' (253) 856-6080 98031 Kent Senior Center Name: Charlie Lindsey Alex Ackley(206)310-6887 600 E. Smith Position. Facilities Superintendent Kent, We Phone. (253) 856-5081 USA Fax, (253) 856-6080 Maintenance & Operations- 1 Name- Charlie Lindsey Alex Ackley(206)310-6887 582) S.240th Position Facilities Superintendent Kent, We Phone: (253) 856-5081 USA Fax. (253) 856-6080 Maintenance & Operations-2 Name- Charlie Lindsey Alex Ackley(206)310-6887 5821 S 2400 Position. Facilities Superintendent Kent, We Phone (253) 856-5081 USA Fax (253) 856-6080 Maintenance 8,Operations-3 Name: Charlie Lindsey Alex Ackley(206)310-6887 5821 S 240th Position Facilities Superintendent Kent, We Phone (253) 856-5081 USA Fax. (253) 856-6080 Memorial Park Name Charlie Lindsey Alex Ackley (206)310-6887 850 N Central Position. Facilities Superintendent Kent, We Phone. (253) 856-5081 USA Fax (253) 856-6080 Neely Scames House Name- Charlie Lindsey Alex Ackley(206)310-6887 531 IS 237th PI Position Facilities Superintendent Kent, We Phone (253) 856-5081 USA Fax. (253) 85MO80 98032 Par 3 Clubhouse Name- Charlle Lindsey Alex Ackley(206)310-6887 2030 West Meeker Position. Facilities Supenntendent Kent, We Phone. (253) 856-5081 USA Fax, (253) 856-6080 Prepared by: Waynes Roofing Inc. Page : 3 February 13, 2007 rj 11J/ LOU! 11. LL LJJOOJO JII wnllv�.� n✓W + vv + .v �� �� Cdy of Kent y` N �rr Facility Address List,Continued... ,1f1e Y Police Department Name Charlie Lindsey Alex Ackley(206)310-6887 220 4th Ave Position: Facilities Superintendent Kent, Wa Phone- (253) 856-5081 USA Fax. (253) 856-6080 Resource Center Name; Charlie Lindsey Alex Ackley(206)310-6887 315 E. Mecker Position: Facilities Superintendent Kent, Wa Phone- (253) 856-5081 USA Fax: (253) 85MO80 Vehicle Maintenance Shop Name Charlie Lindsey Alex Ackley(206)310.6887 20676 72nd 5 Position Facilities Superintendent Kent, Wa Phone (253) 856-5081 USA Fax. (253) 856-5080 Prepared by, Waynes Roofing Inc. Page .4 February 13, 2007 Wayne's Roofing, Inc. " Toll Free: (877)-639-1500 13105 Houston Road / Tel: (253)-863-4455 Sumner,WA 98390 Fax: (253)-863-8311 www.waynesrooTing.com service@waynesroofing.com P PRIME "' 4" " MAINTENANCE AGREEMENT CITY OF KENT P.O.# MULTIPLE BUILDINGS EFFECTIVE: JAN. 1,2007 TO: DEC.31,2007 KENT,WA. APPROXIMATE SIZE: 386,100 SQ.FI'.(30-Buildings) ❑ INSPECTION SERVICE I SEMI-ANNUALLY INSPECT THE ROOFING SYSTEM,EQUIPMENT AND COMPONENTS ON THE ROOF AND CONTIGUOUS CONSTRUCTION THAT COULD AFFECT ROOF PERFORMANCE AND PROVIDE A WRITTEN REPORT TO OWNER/PROPERTY MANAGER AFTER INSPECTION INSPECTIONS ARE NORMALLY CONDUCTED IN THE FALL AND SPRING MONTHS 2. IMMEDIATELY FOLLOWING INSPECTION,PROVIDE OWNER/PROPERTY MANAGER WITH AN INSPECTION ACKNOWLEDGMENT FORM. ❑ MAINTENANCE SERVICE ❑ TIME AND MATERIAL l. UPON AUTHORIZATION MAKE ANY REPAIRS NECESSITATED BY NATURAL DISASTERS,ADDED WORK,OR OTHER ABUSE AS MENTIONED ABOVE THAT IS NOT COVERED BY THIS MAINTENANCE PROGRAM 2. ITEMS NOT COVERED BY THIS CONTRACT WILL BE ON A TIME AND MATERIAL BASIS AT STANDARD RATE OF$85.00 PER HOUR DURING NORMAL OPERATING HOURS OR$1 10 00 PER HOUR AFTER HOURS(6 PM TO 6 AM) PLUS MATERIALS AT TRADE PRICES, TIME AND MATERIAL MAINTENANCE COST NOT TO EXCEED ITEMS FOUND TO BE MORE SERIOUS AND REPORTED AS PROBLEMATIC ON THE SEMI-ANNUAL INSPECTION FORM WILL BE IDENTIFIED,AND A PROPOSAL AND PRICE WILL ACCOMPANY THE INSPECTION REPORT FOR THE OWNERS REVIEW AND APPROVAL ITEMS LISTED IN THE SEMI-ANNUAL REPORTS ARE TO BE CONSIDERED RECOMMENDATIONS AND IN NO WAY GUARANTEES THE WATER TIGHT INTEGRITY OF THE EXISTING ROOF SYSTEM WAYNE'S ROOFING,INC IS NOT RESPONSIBLE FOR DAMAGES TO THE BUILDINGS INTERIOR EITHER INCIDENTAL OR CONSEQUENTIAL RESULTING FROM MAINTENANCE PERFORMED DURING REGULAR SEMI-ANNUAL INSPECTIONS THIS AGREEMENT MAY BE TERMINATED BY EITHER PARTY UPON 30 DAYS WRITTEN NOTICE BEFORE THE ANNUAL RENEWAL. TOTAL ANNUAL FEE: Twelve Thousand Six Hundred and Ninety Seven and 00/100---- S 12,697 00 +TAX AUTHORIZED SIGNATURE Service Representative DATE WAYNE'S ROOFING,INC TITLE AUTHORIZED SIGNATURE DATE: OWNER TITLE CUSTOMER NAME- City of Kent ADDRESS 400 West Gowe Street CITY Kent STATE WA. ZIP- 98032 CONTACT. Charlie Lindsey PHONE. (253)856-5081 FAX- (253)856-6080 PAGER/CEL EXHIBIT C INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. EXHIBIT C (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance: I. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement,evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. 04/09f2007 13:50 2538639311 vnrw ..� •tMlr� Vt/f`C ACORDW CERTIFICATE OF LIABILITY INSURANCE 03MEY07MYYY, PRODUCER THIS CERTIFICATE 18ISSUED AS A MATTER OF INFORMATION Parker Smith&Faek,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 4ellevue Office ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 133 112th Avenue NE Bellevue,WA 98004 INSURERS AFFORDING COVERAGE MAC 0 INSURED w9uaen A American Guarantee&Llablilty Ins. Wayne's Roofing,Inc. INSURER a Zurich American Ins Co 13105 Houston Road INSURER o• Sumner,WA 98390 MSURER 0: WSURgI� COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE)NSURED NAMED ABOVE FOR THE POLICY PERIDDINDIC.ATED.NOriWRNs A.NrING ANY REQUIREMENT,TEAM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TEAS CERTIFICATE MAY BE ISSUE?OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN 19 SUBJECT TO ALL THE TERMS,DCCLUSION6 AND CONDITIONS DF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REM)MO BY PAID CLAIMS. IjqkiR LTi TYPE OF INSURANCE POLICY NUMBER G'wE T pp N LIMITS A X OGNERALLIABILMY CP03991167-02 09/01/06 05)01107 EACHOCr'JRWNCF 21000000 X COMMERCIAL GENERAL LIABILITY O ENTED 3*00 000 CLAIMS MADE Q OCCUR MED EXP( " Wye 210 D00 X BI)PDDed_5.000 PERSONAL&AVV KFJFrY S1400000 GENERAL AGGREGATE S E00000 GZNLAGOITEDIATEI)ATAPPLIESPER. PROAUCTS-COMPIDPAGD A000,0DO POLICY r X PRO- LOC 8 X AUTOMOBILE LIABILITY CP03991167-02 05101/06 05/01107 COMBINED SINGLE LIMIT X ANY AUTO IEB RM0111) $1,ODO,DOD ALL DWNEO AUT03 BODILY INJURY SCHEDULED AUTOS (Par"MM) S X HIREOAUTOS BODILY INJURY X NON•OWNE-DAUTOS (Parnftn(I $ 5—Plorw1dam) PERTY DAMAGE S GARAGE LIADIUfY AUTO ONLY-FAACCIOENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY- AGO J EVCES5AJM3RELLA LIAMITY EACH OCCURRENCE i OCCUR CLAMSMAOE AGGREGATE S S DEDUCTIBLE I RETNTION I I WORKBRS COMPENsaflON AND CP03991167.02 05101/08 051D1J07 Yrc srAru• X DrH- A EMPLOYLRTI-LAN TTY EMPL LIAB ONLY E.L.EACH ACCIDENT 11,000,000 ANY PAOPRIEfORIPARTNER/D(ECUTIVE OPFICERIMEMBER EXCLUDEDT WA STOP GAP EL DISEASE-EA EMROYE2 t1 0DO,0D D��RjPROV150NS0Alaw ELDI3FAME-POLICYLINITT 10,D00,000 OTHER I)E3CRrPT1oN Or oPERAT70NS I LOCATIONS 1 VEHICLEW I EXCLUBIONE AC DED BY ENDOR3EM ENT1 SPECIAL PROVISIDNS Job No-07-800 •Roof InspectionGlMalntenance Contract. City of Kent Is Included as Additional Insured as set forth In the terms and conditions of Endorsement U-GL-1175-A WC(9103)for General Llablllty and Form CAOD011001 pages 2&3 of 11 for Auto. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CA*ELLED IEFONPTNE EXPIRATION CITY OFKENT DATFr4OWOF,THSISSUIN01NWRERVALL ENDEAVOR TOBML -AS— 0AY11WRRTEN 400 West G owe Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FNWRETO OD30 SHALL Kent,WA 98032 IMPOSE NO OBLIGATION OR LIABILRY OF ANY KIND UPON THE IMSLWER,MAGENTS DR RE R SENI-AT7VE'S. AUTHOWMD"R!9ENTATNE uAhJ-� ACORD 25(20DI)O81 1 of 2 #M65326 TSEOO 0 ACOROCCRPORATION 1988 04/09/2007 13: 50 2538638311 WAYNES ROOFING INC PAGE 02 Additional Insured-Automatic - Owners, Lessees Or Contractors Broad Form ZURICH pclicy No Elr. Detc of Poi. I Exp Date or➢ol Erb.Dole arEnd. Producer Add'I Poem Reum prom. 1`03991167-02 05/0112006 5/0112007 05/0112006 73791000 Included Included THIS ENDORSI AWM CRANGrS TBE POLICY. PLSASE READ IT CAREFULLY. This endorsement madifics insuraace ptovided under the: Commercial General Liali ity Coverage Part A. WRO IS AN IIISUUD t5ectIaa 71)is®ended to include as as iumored mW peraoa or organization whops,you we requited to add as an additional insured on this policy under a written contract or wtipan agraemex B. The insurance provided to addltlonal toarlreda applies only m"bodily injury", "proprsgr damage"or"pmonal and advertis- Ing injury' covered under Section I, Coverage A,BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, P&RSONAL AND ADVERTISING 7NIMY L1ABQ.ITY,but only if: 1. The"bodily injury"or 'property damage„resldts ham your negligence;and 2. The"bodily injury". „property demrage" or"personal and odvQhising IWury"results directly from: U. Your ongoing operations,or b. "Yourworle completed as included In the"products-completed operations hazard", pwfixmed for the additional roared,wtlich is the subject of the wrlaen contract or written agreametaL C. however,tegardless of the provisiotus of paragraphs A.and$,above: 1. W e will not erctcad any tasuranee coverage to any additional inured person or organization: a. 7bat it not provided to you in this policy,or Is. 7bst Is any broader covecago rhea you ore required to provide to the additional insumid person or organlmdon in the written contact orwrittien agmement;and 2. We will not provide Limits of insurance to any additional htwrad peracn or organisation that exceed the lower nLr a. The Limits ofInsurance provided to you In this policy;or Is. 'Ibe Limits of lnstaacce you are requirad to provide In pie wntten contract ar wdt&-a Axmemmt D. The insurance provided to the additional imwed pisrsan or arEanization does not apply to. 1. 'Bodily injury", "property damage"or"pesonal mid advertising injury"that results solely from negligence of the addi- tional insured;or UdiL-1175-A CW(91M Includes eapyriphted metedal of Insurance SsMeas Oltl @.Inc wlllf Its permission. Pere I oft waynroof 04/09/2007 13: 50 2538639311 WAYHES ROOFING INC PAbL t7d 2. "Bodily l4utty", 'prop!¢; unage or"personal and advertising hjury" ing out of the rendering or Min to render nny profassiooal architectural,engineering or ettrooying aervicag including: e The preparing,approving,or fiEmg to prepare or approve maps,shop drawings,apinioos,reports,surveys,field orders,change orders or drawings and apeci5eatioru;and b. Supervisory,inspt edon,arcbjlecttasl or engmeedog activities. E. The additional Insured must see to it that. 1. We am notified as soon as practicable of an"occurrence"or offense drat may roault in a claim. 2. We receive written notice ofa claim or"sub"as soon as practicable;and 3. A mquest fbr defense and indemaky of the claim or"onir will promptly be bMght against my policy issued by aa- otl=insurer under which the additional inawtd also bas rights as so"inured or additional insured. B. The Insurance provided by this endorsement is primary lrstuunco end we will not seek cone trdon ilnm soy other in- surance available to any additional insured person or mganbafian unless the other iemtttanee In provided by a conuutm other than you for the same oporationa and job lacation. Thee we will sham with that other insurance by the method do- scribed in paragraph 4,e.of SECTION IY-COltS11r11ERCIAL GENERAL LIADILIT'Y CONDMONS. Any provisions in ibis Covamgs Pats not changed by the terms and conditions ofdtia endorsement continua to apply as Wk- mn. Red`]171-A CW(9/031 raee a ar2 weynraot WAYNES ROOFING I14C PAGE 04 04/89/2007 13:50 2538638311 r„ 1 1 B. Owned Autos You.Acq*e After The Polley Begins We will also'pay all sums an "insured' legally must 1. If Symbols i, 2,31 4, 15 or 6 are entered next to Pay as a "covered pollution cost or expense' to a coverage in Item Two of the Declaratlons, which this Insurance applies, caused by an"acci- then you have coverage for "autos' that you dent and resulting from the ownership, malnte- acquire of the type described for the remainder nance or use of covered "autos". However, we will of the policy period. only pay for the "covered pollution coat or ex pensa" if there Is either 'badily injury" or"property 2 But, If Symbol 7Is entered next to a coverage -damage" to which this Insurance applies that is In Item Two of the Declarations, an 'auto° you caused by the same'accident". acquire will be'ei covered "auto" for that cover- We tsave the right and duty to defend any'insured" age only If: against a "sult" asking for such damages or a'cov- a. We already cover all "autos' that you own ered pollution cost or expense". However,wa have for that coverage or It replaces an 'auto' no duty to defend any "insured' egalnsl a "suit" you previously owned that had that cover- seeking damages for "bodlly Injury' or 'property age;and damage or a "covered pollution cost or expense" b. You tell us within 30 days after you acquire to which this Insurance does not apply. We may it that you worst us to cover It for that cov- investigate and settle any claim or "sulr as we erage. consider appropriate. Our duty to defend or settle C. Certain Trailers, Mobile Equipment And Temporary ends when the Liability Coverage Limit of Insur- Substitule Autos anca has been exhausted by payment of judg- ments or settlements. If Llabllity Coverage Is provided by this Coverage 1. Who is An Insured Form,the following types of vehicles,are also cov- ared"autos"for Llabll'ity Coverage: The following are.'Insureds' 1. 'Trailers" with a load capaoity of 2,001) pounds a. You for any covered "auto'. or less designed primarily for gavel on public b. Anyone else while using with your permis- roads. sion a covered "auto" you own, hire or bor- 2, "Mobile squlpment" while being carried or row except: towed by a covered'auto'. (1) The owner or anyone else from whom 3. Any "auto" you do not own while used with the you hire or borrow a covered 'auto". permission of Ito owner as a temporary substl- This exception does not apply if the tute for a covered "auto"you own that is out of covered "auto' Is a "traller' connected to service because of Its, a covered"auto"you own. a. Breakdown; (2) Your 'employee if the covered"auto" Is h, Repair; owned by that "employes" or a member of his or her household. e. Servicing; (2) Someone using a covered "auto' while d, "Loss";or he or she Is working in a business of P. Destruction saMng, servicing, repairing, parlsing or SECTION li - LIABILITY COVERAGE yours. °autos' unless that business Is yours. A. Coverage (4) Anyone other than your "employees", We will pay ail sums an "insured' legally must pay partners (If you are a partnership), as damages because of"bodily injury" or "property members (if you are a limited bblilty damage" to which this Insurance applies, caused company), or a lessee or borrower or by an "accident' and resulting from the ownership, any of their "employees", while moving maintenance or use of a covered"auto'. property to or from a.covered 'auto". (5) A partner (if you are a partnership), or a member (If you are a Ilmftad I'abWy company)for a covered "auto°owned by him or her or a member of his or her household. Pooe 2 01 11 '"'^^ 04/0g/2007 13:50 2538638311 WAYNES ROOFING INC PAGE 05 c. Anyone liable f%� (he conduct of an 'in- S, Exclusio.., sured" described above but only to the ex- This Insurance does not apply to any of the fol- tant of thaEtiability. lowing: 2. Coverage Extensions 1. Expected Or intended Injury a. Supplementary Payments °Bodily Injury" or "property damage" expected In addition to the Limit of Insurance, we will or Intended from the standpoint of the 'In- pay for the"Insured`: sured'. '(1) All expenses we incur. 2, Contractual (2) Up to $2,'000 for cost of ball bonds (in- Llabl0y assumed under any contract or agrea- ciuding bonds for related traffic law via- ment. latlons) required because of an 'accl- But this excluslon does not apply to rrablilty for dent" we cover. We do not have to fur- damages, nlsh these bonds. s The cost of bonds to release attach- a. Assumed in a contract or agreement that Is O an Insured contract" provided the "bodily meats in any"sutr against the 'Insured' Injury' or"property damage" occurs subse- we defend, but only for bond amounts quent to the execution of the contract or within our Limit of Insurance. agreement;or (4) AiI reasonable expenses Incurred by the b. That the "Insured' would have in the ab- "insured" at our request, Including actual senca of the contract or agreement lose of earnings up to $250 a day be- cause of time off from work. 3, Workers' Compensation (5) All costs taxed against the "Insured" In Any obligation for which the 'Insured' or the any 'suit" against the 'Insured° we de- 'Insured's Insurer may ba held liable under any fend. workers' compansatlon, disability benefits or (6) All interest on the full amount of any unemployment compensation law or any similar law. judgment that accrues after entry of the Judgment In any "suit' against the "in- 4. Employee indemniricalion And Employers surad' we defend, but our duty to pay Liability Interest ends when we have paid, of- 'Bodily injury'to: fered to pay or deposited In court the a° An'employee' of the"insured'arising out of part of the judgment that Is within our Llmlt of Insurance. and In the course of: b. Out-OhStale Coverage Extensions (1) Employment by the"Insured';or Whil (2) Performing the duties related to the state where It Is licensed we will:a covered "auto" Is away from the conduct of the°Insured-s'business; or state (1) increase the Limit of Insurance for Ll- b. The spouse, child, parent, brother or s(ster ablllty Coverage to meet the limits speci. of that "amployea' as a consequence of fled by a compulsory or flnanclal rs- Paragraph a, above. sponsibllity law of the Jurlsdictlon where This excluslon applies.- the covered 'auto° is being used. This (1) Whether the ^Insured' may be liable ss extension does not apply to the limit or an employer or In any other capacity; limits specified by any law governing and mot carriers of passengers or prop- erty. (2) To any obligation to share damages with or repay someone else who must pay (2) or c e coverages, mInf s, such as n and types damages because of the injury, of other coverages, such as no-fault, re- BUt this excluslon does not a' to "bodll In- quired of out-restate vehicles by the Ju- jury' to domestic °employees pnot entitled to beingwhere the covered auto Is workers' compensation benefits or to liability being used. p y assumed by the "Insured" under an 'insured We will not pay anyone more then once for contract"_ For the purposes of the Coverage the same: elements of loss because of these Form, a domestic "employee" Is a person en- extensions.. gaged in household or domestic work per- formed principally In connectlon with a resi- dence premfsas, CA 0o of 10 of iSO Propertles, inc., 2000 pace 3 of 11