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HomeMy WebLinkAboutPK10-141 - Original - All Purpose Door Repair, Inc. - Town Square Plaza Door Replacement - 07/02/2010 Records MarfAgement� T `"KEN Document WASHIN GTOM .n 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 Clerk's Office. Vendor Name: `\ P�,� QC)S-e Vendor Number: 3 \ . JD Edwards Number Contract Number: / k(0 l y� This is assigned by CityClerk's Office Project (� Project Name: �OW� 3a iA a ��Ba ��'� 1`� ��� E f W1V J- Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment :Contract ❑ Other: Contract Effective Date: �- 2 (0 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment _ Contract Manager: � T Department: P, v Detail: (i.e. address, location, parcel number, tax id, etc.): I gJ KISL� Sal ALX 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 11/08 KENT WA..INGTC. PUBLIC WORKS AGREEMENT between City of Kent and All Purpose Door Repair, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Purpose Door Repair, Inc. organized under the laws of the State of Washington, located and doing business at 15824 SE 296 Street, Kent, WA 98042 P: 253-638-6555 F: 253-638-6564 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Reverse men's and women's hollow metal doors and frames; supply and install new strikes and mortise locks with same functions using Schlage with existing cylinders; weld pieces in on frames where electric strike use to be as described in the contractor's proposal dated May 25, 2010 attached and incorporated as Exhibit A. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by Friday, June 25, 2010. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Two Thousand Nine Hundred Sixty Nine Dollars ($2,969.00), plus, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor the following amounts according to the following schedule: PUBLIC WORKS AGREEMENT - 1 (Under$1OK - OPTIONAL PROCESS) The City will pay off of invoices sent by All Purpose Door Repair. A. No Payment and Performance Bond. Because this contract is under $10,000, the City has elected to waive both the performance/payment bond and retainage requirements of Chapter 39.08 RCW. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. PUBLIC WORKS AGREEMENT - 2 (Under$10K - OPTIONAL PROCESS) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change PUBLIC WORKS AGREEMENT - 3 (Under$10K - OPTIONAL PROCESS) increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. PUBLIC WORKS AGREEMENT - 4 (Under$10K - OPTIONAL PROCESS) The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The City will follow All Purpose Door Repair, Inc's warranty as stated on the bottom of Exhibit A. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's 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 Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor PUBLIC WORKS AGREEMENT - 5 (Under$10K - OPTIONAL PROCESS) and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award PUBLIC WORKS AGREEMENT - 6 (Under$IDK - OPTIONAL PROCESS) provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. 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 Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. PUBLIC WORKS AGREEMENT - 7 (Under$1OK - OPTIONAL PROCESS) I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By: By: V46�-C f*,. (s,gnatur (signature) Print Name: Prin(Na e: Jeff Watling Its /V7X' Its: Parks Director ,tr ) DATE: 3 "tea<e DATE:�,a PUBLIC WORKS AGREEMENT - 8 (Under$IOK - OPTIONAL PROCESS) NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: John Glasser, President Ben Levenhagen All Purpose Door Repair, Inc. City of Kent 15824 SE 296 Street 220 Fourth Avenue South Kent, WA 98042 Kent, WA 98032 253-638-6555 (telephone) (253) 856-5133 (telephone) 253-638-6564 (facsimile) (253) 856-6120 (facsimile) Town Square Plaza-All Purpose Door Repair-6-17-10 PUBLIC WORKS AGREEMENT - 9 (Under$1OK - OPTIONAL PROCESS) 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 �� day of T un� , 2010. By: For: I Ap�p90, WL LAC- Title: Date: V EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 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 , 2010. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 ALL PURPOSE DOOR REPAIR, INC._ service(d)allpurposedoorrepair com --www allpurposedoorrepair com 15824 SE 296 Street Kent, WA 98042 Office (253)638-6555 Fax (253) 638-6564 May 25, 2010 City of Kent Attn Ben 253 508-9548 Phone blevenhagen@ci kent wa us Re: Proposal for Town Square Plaza, corner of 2nd and Smith Kent 98032- Designated doors To reverse men's and women's hollow metal doors and frames, and to supply and install new strikes and mortise locks with same functions using Schlage with existing cylinders We will also weld piece in on frames where electric strike used to be Lead time on materials is approximately 1-2 weeks This is a prevailing wage bid. Corporate rate given. Material $ 1,14000 Labor $ 1,81900 Fuel Surcharge $ 1000 Subtotal $ 2,96900 Tax $ 28206 Total $ 3,251 06 TERMS- Balance due Net 30 days. UPON CLIENT APPROVAL OF PROPOSAL AND TERMS, PLEASE SIGN, DATE AND RETURN TO THE BID DEPARTMENT. JOB WILL BE ORDERED UPON RECEIPT OF SIGNED PROPOSAL. This bid is good for 30 days from above date From John Glasser, President, we appreciate the opportunity to bid this job Approved by Date. PO# Company Name Billing Address City State Zip Email- Warranty All Purpose Door Repair, Inc gives on all materials sold a manufacturer's warranty for up to one year from date of service and gives on all labor performed a one month warranty from date of service Labor warranty calls must be called into All Purpose Door Repair, Inc within one month from the date of service to report problem This warranty does not include aligning,adjusting, or damage to parts or entries caused by weather or persons This warranty is exclusive to All Purpose Door Repair Inc EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 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. 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. 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. 2. 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 B (Continued ) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified 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. ,4coR� CERTIFICATE OF LIABILITY INSURANCE °06/15 0 0 u . 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 TAY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERKS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the pollcy(les)must be endorsed. If SUBROGATION IS WAIi?ED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not epnfer rights to the certificate holder in lieu of such endorsement(s). PRODUCER n Bobbie Strom ROSS OLIVE STATE FARM INSURANCE pFIONE 425 432 2547 _ q No I125 432 2595 24107 SE KENT KANGLEY RDtILFU� aooREss•lesse@rossollve net D MAPLE VALLEY, WA 98038 PaoCUST IICER INSURERS AFFORDINO COVERAGE NAIL* INSURED INSURER A•State Farm Fire and Casualty Company 25143 ALL PURPOSE DOOR REPAIR INC. INSURER B 15824 SE 296TH ST INSURER C KENT,WA 98042-4549 INSURER 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 7HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 110 ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LR TYPEOFINSURANCE R POLICY NUMBER MMIDDNYYY MMIUDDIYYYY11 LIMIrS TTR A GENERAL LIABILITY EACH OCCURRENCE ,S 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Me occurrence) -,$ MYCLAIMS-MADE OCCUR 1EXP(Any one parson) 5 5,000 98-BF-£621.7 F 091D912009 09/09f2010 — — PERSONAL&ADV INJURY ,$ GENERAL AGGREGATE 4 4.000.WO GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG I 4,000,000 POLICY Q PRO- LOG $ A AUTOMOBILE LIABILITY (Ea CO MBINdEBDD SINGLE LIMIT $ ANY AUTO 00 BODILY INJURY (-Per Perron) $ 1,000,000 ALL OWNED AUTOS 0628827SI147A 02/11/2010 OW1112010 BODILY INJURY(per accident) S 1,000,D00 X SCHEDULEDAUTOS 1260801A2347 olf2312010 07123/2010 PROPERTYOAMAGE $^ 1,000,000 HIRED AUTOS (Per aalder t) NON-OWNED AUTOS 0078888F1347E 12113/2010 06/13/2010 $ A X UMSRELLAL.IAB OCCUR EACH OCCURRENCE S 2'DOO'OD0 X EXCESSLWB CLAIMS-MADE 98G435807F 12115/2009 12/16/2010 AGGREGATE $ 2,0150,000 DEDUCTIBLE ..., S RETENTION $ S WORKERS COMPENSATION m AND EMPLOYERS'LIABILITY O I ANY PROPRIETOIRPARTNERIEXECUTWE� NIA EL EACH ACCIDENT $ OFRCERIMEMBER EXCLUDED? (Mandatory In NMI El DISEASE-EA EMPLCYVEf E Nyes•describe under EL DISEASE.POLICYLIMB 8 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,AddNlonal Remarks Schedule,a mete space Is required) CITY OF KENT IS AN ADDITIONAL INSURED ON THE GENERAL LIABIL17Y COVERAGES CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CApCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 4CCORDANCE WITH THE 220 4th Avenue South POLICY PROVISIONS Kent,WA 98032-5895 AUTHORR- PRESENTATIVE - LS -41 Ross Olive Stale Farm ©1 8-2009 ACO CORPORATION. All rights reserved. ACORD 25(2009109) The ACORD name and logo are registered marks 1 1001486 1328494 02-11-2010 TOOO Nand-B.LVrLS 969Z9EY9ZY XVd Z9:V1 010ZZ9T/90 Policy Number DECLARATIONS PAGE AMENDED JUN 15 2(110 n w. leall 98-BF E621 7 STATE FARM FIRE AND CASUALTY COMPANY M PO BOX 5000, DUPONT WA 98327-5000 ASTOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS Agent Copy Named Insured and Mailing Address 15-2844-F502 J ALL PURPOSE DOOR REPAIR INC 15824 SE 296TH ST KENT WA 98042-4549 Cov A -Inflation Coverage Index:, N/A )NTRACTORS POLICY- SPECIAL FORM 3 Cov B -Consumer Price index: 220.0 iTOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automaticailY oject to the pAremiums, rules and forms in effect for each succeedingq policy period. If this policy is iominated, we will 'e you and tfte Mortgagee/Llenholder written notice in compliance wl�h the policy provisiong or as reglaired by law. �licy Period: 1 Year The policy period begins and ends at 12 01 am standard time at the fective Date: SEP 9 2009 premises location. piraUon Date: SEP 9 2010 med Insured* Corporation Your policy is amended JUN 15 2010 ADDITIONAL INSURED ADDED cation of Covered Premises: PREMIUM ADJUSTMENT i824 SE 296TH ST ENDORSEMENT FE-6609 ADDED =NT WA 98042-4549 )verages & Property Limits of Insurance Section I Excluded Buildings Business Personal Property $ 53,300 Section II Deductibles -Section 1 Business Liability $ 25000,000 Medical Payments $ 5,000 oducts-Completed Operations $ 1,000 Basic PCO)Aggregate $ 4,000,000 Deductible-Section II Dneral Aggregate (Other Property Damage Liab. 'han PCO) $ 4,000,000 $ 2,000 Per Claim he Section I deductible will be applied to each occurrence nd will be deducted from the amount of loss. Other eductibles may apply- refer to your policy. Endorsement Premium ►rms, Options, and Endorsements Increase $ 9.44 oecial Form 3 FP-6100 ection II Additional Insured FE-6609 Audit Period: Annual IA Amendatory Endorsement FE-6247.1 ,ee Debris Removal FE-6451 Discounts Applied ontractors Policy Endorsment FE-6467 Renewal Year pecial Form 3 Endorsement FE-6500 1 Years in Business olicy Endorsement FE-6503 Protective Devices Jew Form Attached Claim Record )ntinued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY repared Countersigned N 16 2010 805110 BILK By Agent /1993 ROSS OLIVE ur policy consists of this page,,pny endorsements (425)432-2547 d the policy form.PLEASE KEEP THESE TOGETHER. (c1f084 T0012 Nava-alvils 56SZZ£t9Zt YV3 50:tT OTOZ/tZ/90 r . Policy Number 98-BF-E621-7 CONTINUED FROM FRONT SIDE tip, CONTRACTORS POLICY - SPECIAL FORM 3 FormsiOpptions,snd Endorsements Glsss.Decluctible Deletion FE-6538 1 Amendatory Collapse FE-6573 Domestic Abuse Endorsement FE-6562 Policy Endorsement-Contractors FE-6622 Additional Insured Endorsement FE-6494 nc Cost and Demolition Cov FE-6587 Blank Endorsement FE-7315.1 Additional Insured FE-6324 Terrorism Insurance Cov Notice FE-6999.1 Dist Mat Violat Statues Excl FE-6655 Folic Endorsement FE-6656 Building Coverage for Tenants FE-6859 Prepared JUN 16 2010 , (0 2175a) Z00 ln NHVd-9ZVS,S 969ZZ£6SZV %V3 90:VT OTOZ/bZ/90 3olicy Number DECLARATIONS PAGE AMENDED JUN 15 2010 98-BF-E621-7 STATE FARM FIRE AND CASUALTY COMPANY PO BOX 5000, DUPONT WA 98327-5000 A STOCK COMPANY WITH HOME OFFICES IN BLOOMINGTON,ILLINOIS Named Insured and Mailing Address 15-2844-F502 J ALL PURPOSE DOOR REPAIR INC 15824 SE 296TH ST KENT WA 98042A549 Cov A- Inflation Coverage Index.; NIA iNTRACTORS POLICY -SPECIAL FORM 3 Cov B- Consumer Price Index: 220.0 TOMATIC RENEWAL - If the POLICY PERIOD is shown as 12 MONTHS, this policy will be renewed automatically eject to the premiums, rules and forms in effect for each succeedingq policy period. If this policy is terminated, we will e you and the Mortgagee/Lienholder written notice in compliance wlh the policy provisions or as required by law. licy Period: 1 Year The policy period begins and ends at 12.01 am standard time at the ective Date: SEP 9 2009 premises location piration Date: SEP 9 2010 ned Insured Corporation Your policy is amended JUN 15 2010 ADDITIONAL INSURED ADDED cation of Covered Premises: PREMIUM ADJUSTMENT 824 SE 296TH ST ENDORSEMENT FE-6609 ADDED NT WA 98042-4549 averages & Property Limits of Insurance Section I i luildings Excluded Business Personal Property $ 53,300 Section II lusiness Liability 2,000,000 Deductibles-Section Medical Payments 5,000 )ducts-Completed Operations $ 1,000 Basic 'CO)Aggregate $ 4,000,000 Deductible-Section 11 neral Aggregate (Other Property Damage Liab nan POO) $ 4,000,000 $ 2,000 Per Claim le Section I deductible will be applied to each occurrence A will be deducted from the amount of loss. Other iductibles may apply- refer to your policy. Endorsement Premium rms, Options, and Endorsements Increase $ 9.44 iecial Form 3 FP-6100 action II Additional Insured FE-6609 Audit Period Annual 4 Amendatory Endorsement FE-6247 1 Be Debris Removal FE-6451 Discounts Applied. intractors Policy Endorsment FE-6467 Renewal Year iecial Form 3 Endorsement FE-6500 1 Years in Business ilicy Endorsement FE-6503 Protective Devices ew Form Attached Claim Record ntinued on Reverse Side of Page OTHER LIMITS AND EXCLUSIONS MAY APPLY-REFER TO YOUR POLICY ?pared 4162010 Countersigned_ 8051.1 C BILK By Agent 1 993 ROSS OLIVE r policy consists of fift page,any endorsements (425)432-2547 the policy form.PLEASE KEEP THESE TOGETHER. (olf0841a) tooln NaVA-3.LV,LS S69ZZEV2Zb %Yd 50:VT OTOZ/bZ/90 Policy Nu m ber •- • 98-BF-E621-7 IMsu CONTINUED FROM FRONT SIDE CONTRACTORS POLICY -SPECIAL FORM 3 Glans.TDeduuctoi"ble5eletonaorsements FE-65381 Amendatory Collapse FE-6573 Domestic Abuse Endorsement FE-6562 Policy Endorsement-Contractors FE-6622 Additional Insured Endorsement FE-6494 Inc Cost and Demolition Cov FE-6587 Blank Endorsement FE-7315.1 Additional Insured FE-6324 Terrorism Insurance Cov Notice FE-6999 1 Dist Mat violat Statues Excl FE-6655 Policy Endorsement FE-6656 Budding Coverage for Tenants FE-6859 Prepared JUN 16 2010 t � (01 @ 175a) Y00 z Iauyi—RIVZS 962ZZ£69ZV %Vd 90:6T OTOZ/VZ/90 FE-66M Page 1 of 1 SECTION II ADDITIONAL INSURED ENDORSEMENT Policy No. 98-BF-E621-7 °•'"^^* Named Insured: ALL PURPOSE DOOR REPAIR INC N°tl°•NC 15824 SE 296TH ST KENT WA 98042-4549 Additional Insured (include address): CITY OF KENT 220 4TH AVE S KENT WA 98032-5838 WHO IS AN INSURED, under SECTION II DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or suh brought for damages for which you are provided coverage The Primary Insurance coverage below applies only when there is an "X"in the box ❑ Primary insurance The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you All other provisions of the policy apply. FE-6609 soon 969ZZMZt XVd SO:tT OTOZ/tZ/90 « y Z U m e m H i a U 9 Y � a N N N N N N N N N O YJfji jiN a •pf1 J •p!1 « m a F « « J pOp H yy aAp m �Wp{{Npp m�y Np m n(Wp m m n p O p N yN N�p Wp N p N O �Wp % % �{rWyJ ym N Ol dN H « W K « d O « Z 09 : F u Z U Y LL « rc w c 0 e a 3 tmi F % e a w n W H zw w Z p Z W Z O W O U W `« f ^ Z. 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