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HomeMy WebLinkAboutPK12-008 - Original - Cascade Door & Hardware - Door Hardware for Kent Municipal Court Remodel - 03/20/2012 e�rk = eme �i�=-T RecordsMap - � . KENT _ Document WASHINGTON ' y' 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: Cascade Door and Hardware Vendor Number: 420834 JD Edwards Number Contract Number: PK �a- ©o� This is assigned by City Clerk's Office Project Name: Kent Municipal Court Remodel Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 3/21 Termination Date: 5/21 Contract Renewal Notice (Days): 90 Days Number of days required notice for termination or renewal or amendment Contract Manager: Alex Ackley Department: Parks/Facilities f Detail: (i.e. address, location, parcel number, tax id, etc.): 1220 Central Ave S Kent i I S Publlc\RecordsManagemen[\Forms\ContradCover\adcc7832 1 11/08 KENT WqS H. GTOM1 GOODS & SERVICES AGREEMENT between the City of Kent and Cascade Door & Hardware THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Cascade Door & Hardware organized under the laws of the State of Washington, located and doing business at 6101 199Th St. NE, Arlington,Wa 360- 435-0821 Sean Bayha (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: Furnish Door Hardware for remodel at Kent Municipal Court located at 1220 Central Ave S, Kent, in accordance with Proposal dated December 29, 2011, which is attached as Exhibit A. 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 April 2012. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,998.59, 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: i i r GOODS & SERVICES AGREEMENT - 1 (Over$10,000.00, including WSST) Net 30 after delivery of items. 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. VENDOR'S ACCEPTANCE 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. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. 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. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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. GOODS & SERVICES AGREEMENT - 2 E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. 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 amendment 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 an amendment is necessary, Vendor must submit a written amendment 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 amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the 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 an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment 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. WTI. CLAIMS. Tf the \/ender disagrees with anything required by a^ —endment, W S 1 V C- G'G 11 I I C. V 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 GOODS & SERVICES AGREEMENT - 3 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; li 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 S. 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. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additinnal entitlement and accepts from the Qh 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 GOODS & SERVICES AGREEMENT - 4 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 MI ITI AI I V NEGOTIATED THIS WAIVER. In the event Vendor 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 Vendor's part, then Vendor 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 obec.— se there .vas a vArrvngftil r f: Sal nm the pndvr'S part. 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 B attached and incorporated by this reference. XI II. 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 awn 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 GOODS & SERVICES AGREEMENT - 5 XIV. 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 fling suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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 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. I. 11v1 icaL.. �ry v" .I -., altera t.-� i, yr i�i�ivdifi�ativn of ally '. the prvvi��i'.,i'S cf 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 However, snouid 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. GOODS & SERVICES AGREEMENT - 6 a 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. VENDOR: CITY OF KENT: By: By: signature) � t (signature) Print Name. - � � rr A.` Prnn 'Nam . uz tte Cooke Its_ p1^i'4 —T-—rt Its 44or _ DATE: � DATE: 3 NOTICES TO BE SENT TO: ' NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Sean Bayha Rosalie Givens, Facilities Assistant Cascade Door & Hardware City of Kent 6101 1991h St NE 220 Fourth Avenue South Arlington, Wa. 98223 Kent, WA 98032 360-435-0821 (telephone) (253) 856-5083 (telephone) 360-435-0825 (facsimile) (253) 856-6080 (facsimile) APPROVED AS TO FORM: �MlL Kent Law Department Cascaeeeoo, GOODS & SERVICES AGREEMENT - 7 l z 4 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_ , 201 By: For: Title: Poef�,1.6(A Date: �'7 FFn r nMDi ronirF nnrri WrK1 -c _ , F { CITY OF KENT ADMINIST RA IIVE 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 alld SUbjeIL Lv JUJ[J ill lvli VI termination IllllIa LI VII IU1 all Vr pall of tl le Agr eel Iles L. 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. FFn rnMDI ranirrF nnri iMFniTc - of Q I ¢ i CITY OF KEN T 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 C.4<-e4 so Da �ah3l., A-P Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for th A reement 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 201 ay: For: c Title: yc� Date: FF-n (—nmPI TAN(-F r)()(i IMFNTG - of 'Z z CASCADE DOOR& HARDWARE6101199th St NE Ading[on,WA 98223 PH (360)435 0821 FAX (360)435-0825 PROPOSAL DATE: 12/29/2011 JOB NAME Kent Municipal Building TO- City Of Kent ATTN Mike Hattrup ARCHITECT: FAX PLAN DATE. WE PROPOSE TO FURNISH DOORS,FRAMES,AND HARDWARE AS FOLLOWS: HARDWARE Includes All Materials as Specified in Hardware Schedule Any changes to the following Hardware is Subject to Price Adjustment Locks UNIT NET NET TOTAL tea ML2057 LSA 630 CT6 $ 304 $ 608 4ea ML2056 LSA 630 CT6 $ 304 $ 1,216 lea ML2010 LSA 630 $ 230 $ 230 lea ML2011 630 CT6 $ 182 $ 182 Exit Devices lea CX98EO-F $ 1,545 $ 1,545 5ea CX98EO $ 1,470 $ 7,350 4ea 9BEO $ 601 $ 2,404 lea EL9827NL-LBR $ 1,355 $ 1,355 lea 9827 EO-LBR $ 842 $ 842 lea CD98NL-OP $ 694 $ 694 6ea EPT-10 Power Transfer $ 247 $ 1,482 1ea.EPT-2 Power Transfer $ 233 $ 233 lea.PS914.213S Power Supply $ 390 $ 390 6ea PS914 Base Power Supply $ 314 $ 1,884 Closers 2ea 4040XP Rw/PA x TBSRT ALUM $ 231 $ 462 lea 4040XP EDA x TBSRT ALUM $ 246 $ 246 Miscellaneous Hardware 3ea FBB179NRP 4 5"Hinges $ 19 $ 57 lea 1104 Electric Hinge Mod $ 96 $ 96 7ea.6211 FSE Electric Strikes $ 281 $ 1,967 lea 1080-114-6 Mortise Cylinder $ 56 $ 56 Sea S88 Gasketing $ 11 $ 88 2ea 104S Overhead Stops $ 171 $ 342 2ea Wall Stops $ 7 $ 14 i Net Total $ 23,743 I Exclusions-Permanent Keying,Cabinet Locks and Sales tax l Hardware-FOB Jobsite $24,123 I f The above cost breakouts are for accounting purposes only.The above prices are based on buying the above job as a package. Proposal is good for 30 days Any purchase orders or contracts awarded after 30 days I may be subject to cost adjustments. Lead Time For Hardware 4-6 Weeks Upon Receipt of Approved Submittals Sean Bayha Mobile 425-350-4318 E-MAIL seanbacascadedoorandhardware.com CASCADE DOOR AND HARDWARE 1 � 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. a 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, 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 A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 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. ACCES-2 OP ID:MS ACORLT CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYYI 02102112 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 pollcy(les) must be endorsed If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER 360-629-2103 NAMEACT Thomas BASSOC Ins Broker,Inc PHONE A P O Box 457 -M I Eat E MAIL Stanwood,WA 98292 ADDRESS Scott Thomas INSURERIS AFFORDING COVERAGE NAIC d INSURER A CNA Insurance Company 20494C INSURED Access Associates Inc INSURERS dba Cascade Door&Hardware INSURER 6101 199th St NE Unit B Arlington,WA 98223 wsuRBR o WBURER 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR AC DL sa_JBF POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE LTR POLICY NUMBER MMIOD/VYYY MMIDD/YYYY GENERAL LIABILITY , EACH OCCURRENCE $ 2,000,D0 DAMA A X COMMERCIAL GENERAL LA PREM n LIABILITY 4024439006 02/01/12 02/01/13 HEN 300,01) PREMISES Ea occuenca $ CLAIMSWADE i X l OCCUR MED EXP(Anyone perwn) $ 10,00 PERSONAL&ADV INJURY $ 2,000,00 GENERAL AGGREGATE $ 4,000,00 _ GENT AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIDP AGG S 4,000,00 POLICY X PRO- LOC COMBI $ AUTO MOBILE LIABILITY Ee ecc,derO) LE LIMIT S 1,D00,00 A X ANY AU70 4024439149 D2101112 02101M3 BODILY INJURY(Per Person) $ ALL OWNED SCHEDULED BODILY INJURY(Per a=dent) S AUTOS I IAUTOS NED PROPERTYDAMAGE S X HIRED AUTOS X AUTOS Peraccmenl S y UMBRELLA LIAR I X OCCUR EACH OCCURRENCE $ 1,000,00 A EXCESS LIAR CLAIMS-MADE 4024449745 02101/12 02/01/13 AGGREGATE S 1,000,00 DEC) I X I RETENTIONS 10000 1 S WORKERS COMPENSATION WOCRY U- OTH- r AND EMPLOYERS'LIABILITY A ANY PRIETOFUPARXE NIACUTNEY� 4024439006 02/01112 021DII13 EL EACH ACCIDENT $ 1,0o0,0D OFFICER LUDED (Mandatory In NH) STOPGAP EL DISEASE-EA EMPLOYE $ 1,000,00 IF yes,describe under DESCRIPTION OF OPERATIONS below EL DISE45E-POLIGY LIMIT S 2,000,000 a DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more spate Is required) The City of Kent is additional Insured with regard to operations of insured ..insurance is primary...waiver of subrogation applies Re: Vendor#420834 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Park Facilities 4DO West Gowe St Suite 122 AUTHORIZED REPRESENTATIVE Kent,WA98032 Scott Thomas ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD a 4 j Policy #4024439006 CAM SS(Ea. 709) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE REAP}IT CAREFULLY. BLANKET ADDITIONAL INSURED—LIABILITY EXTENSION This endorsement modifies insurance provided under iha fallowing; BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Pollcy. I, ADDITIONAL INSURED—BLANKET VENDORS employees or anyone else acting on its WHO IS AN INSURED is amended to include as an behalf. However, this exclusion does not additional insured any person or organization(referred apply to: to below as vendor)with wham you agreed, because (1) The exceptions contained in of a written contract or agreement to provide Subparagraphs d.orf.;or Insurance, but only With respect to 'bodily injury' or (2) Such inspections, adjustments, tests or 'property damaga'arising out of your products'which servicing as the vendor has agreed to are distributed or sold In the ragular course of the make or normally undertakes to make in vendor's business, subject to the following additional the usual course of business, In excluslons; connection with the dlstrlbullon a-sale of 1. The Insurance afforded the vendor dies not apply the products. to; 2. This insurance does not apply to any Insured s. 'Bodily Injury'or'propertyy damage'for which person or organizatlon, from whom you have the vendor is obligated to pay damages by acqulredsuch products, or any ingredlen% part or reason of the assumption of liability m a container, entering into, accompanying or contract or agreement. This exclusion does containing such products. not apply to habli ty for damages that the 3. This provision 2. does not apply to any vendor vendor would have in the absence of the included as an Insured by an endorsamerst Issued contractor agreement; by us and made a part of this Policy. b. Any express warranty unauthorized byyou; 4. This provislon 2.does not apply if'bodlly Injury'or ._ , ., W -Hill.,i. �..,...a,..a c. Any physical or chemical change in the proper Ly damago uwiudau R7Mill64-1 u,a p, 41,.5, product made fntentionallybytnevendor, completed operations hazard` is excluded abhor by the provisions of the Poilcy or by endorsement d. Repackaging, except when unpacked solely 2. MISCELLANEOUS ADDMONAL INSUREDS for the purpose of Inspection, demonstration, testing, or the substitution of parts under WHO IS AN INSURED is amended to Include as an Instructions from the manufacturer, and dren insured any parson or organization (caned additional repackaged in the original container; insured) described In paragraphs 2.a. through 2.1h. 4L Any failure to make such Inspections, below whom you are required to add as an additional adjustments,tests or servicing as the vendor insured on thls policy under a written contract or has agreed to make or normally undertakes to agreement but the written conlract or agreement must make in the usual course of business, In he: conneotion with the distribution or sale,of the 1. Currently in effect or becoming effeclive during the products; term of this policy;and f. Demonstratlon,Installation,servicing or repair 2. Executed prior to the 'bodily injury, 'property operations,except such operations performed damage'or'personal and advertising injury,'but at the vendor's premises in connection with the sale of the product; Only the following parsons or organizations are additicnat insureds under this endo;semant and g. Products which, after distribution or sale by coverage provided to such additional Insureds is you, have been labeled or relabeled or used limited as provided herein: as a container, part or ingradlent of anyother AddRions[tnsur�d—Your Work thing or substance by or for.he vendor;or a. h. 'Bodily injury' or 'property damage` arising That person or organization for whom you do out of the solo neghgence of trio vendor for its work is an additional insured solely for liabibty own acts or omission or those of its due to your neg'rganco specifically resulting SB-14B932-D Page lot 5 (Ed.07109) SB-146932•D (Ed.0710S) Paragraphs B, 4, 5, and 8 of this (5) Any trustee, if you or an additional exclusion do not apply to Ila illty Insured is a trust;or assumed under a sidetrack agreement. (s) Any elected Dr appointed official,if you or Paragraph 6 of this exclusion dons not an additional insured is a pniltical apply to `property damage' Included in subdivision or public entity, the 'products-completed operations This paragraph s. applies s_eparateiy to you hazard'. and any additional insured. B. Under B. Exclusions, 1. Applicable to S. godly Injury, Business Llabalty Coverage, the last paragraph of 2. Exclusions Is deleted and Section F. Liability and Medical Expatfsas replaced by the following: Dellniltons,item S.'Bodlly Irlury'Is deleted and Exclusions c,d,e,f,g,by I,k,1,m,n,and o, replaced with the following: do not apply to damage by fire to promises "Bodity injury" moans bodily injury, sickness or while rented to you or temporarily occuplad by disease sustained by a person, including death, you with permission of the owner or to the humiliation, shock, mental anguish or mantal contents of prenilsas rented to you for a Injury by that parson at any time which results as period of 7 or faweir consacu:lve days, A a consequence of the bodily lnjuyy, sickness or separate limit of Insurance applies to this disease. coverage as dascnbad in Section D.Liability And Madicad Expenses Limits of 7. Expanded Personal and Advertising Injury insurance: Definition C, Fire first Paragraph under item 5.Damage To Tha fol[owing Is added to Spction.F.Liability and Premises Ranted To You Limit of Section Medical Expenses Definitions, item 14. D. Liability And Madical Expenses Limits Personal and Advertising injury, in the Of Insurance Is replaced by the ollDwing; Businessownem General Liability Coverage Formt The most we will pay under Business Uablity, b, Disoriminafion or humiliation that results in N for damages because of"property damage" injury to the feelings or reputation of a natural mgs S to any one praas,while rented to you,or person, but only if such discrimination or temporarily oceupled by you, with the p y permission of the owner,including contents of humiliation is,. such praa,ises M-3 d to you for a period of 7 1. Not done Infanflanaily by or at the or fewer consecutive days,Is the Damage to direction of; Premisos Rented to You limit shown In the Declaration. a.' The Insured;or E S. Brea Knowledge of oocurranoe b, Any. 'exec�+nra officer,` director, stockholder, partner, member or The following items are added to E. manager(If you are a limited liability Susinessovmars General Liability Conditions company)of the insurad;and In the Businvasowners Liability Coverage Form- 2, Not directly or indirectly related to the employment, prospective employment, e. Paragraphs a.and b.apply to you or to any past empl❑ymard or termination of additional insured only when such emplcymant of any parson or parson by 'occurrence;offense,claim or'suir is known any insured. to: (1) You or any additional insured that is an 3. e following is added to Exclusions,section Individual; 2 Any partner, B you or 8n additional (15)Discrimination Rotating to Room, ( ) CwailingorPromises insured is a partnership; Caused by discriminatlon directly or (S) Any manager, if You or an additional Indirectly related to the sale,rental, lease insured is alimited liability corripany; or sub-tease or prospective sale, rental, (4) Any `exocutiva ofncar' or insurance lease or sub-tease of any roam, dwelling manager,if you oran additional insured Is or premises by or at the direction of any a corporation; insurad` SB-146M-D Page 4 of 5 (Ed.07139) 1 ' SE 146932-D (Ed.07109) (2) Structural aiterations, new Damage To Pro;mrfy, Is repfacad by the corrstructlon or demolition operations following: performed by or on behalf of such g. Dam age To Property additional insured. g; Co-owner of tnawed Premises 'Property damage'to: A co-owner of a premises co-awned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expanses with respect to the co-owners lability as co- Incurred by you,-or any other parson,- ownerafsuch remises. organization or entity, for repair, p replacement, anhancament, h. Lessor ofEqu-gxnerd restoration or maintenance of such Any person or organization from whom you property far any reason, Including lease equipment.Such person or organization prevention n injury to a person or are Insres only with respect lo their liability damage to an❑ther's properly; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, ti the `property damage' such person or organization. A persons or arises out of any part of those organlzatlon's status as an insured under this premises; endorsement ands when their written contract 3. Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal properly In the care, Waft respect to the insurance afforded these custody or control of the insured; additional Insureds, the following addlf l 5, That particular part of any real exclusions apply: property on which you or any This insurance does riot apply. contractors or subcontractors working directly or indirectly in your behalf are (1) To any 'occurrence which iakss place performing operations,if the'property after the equipment leave expires;or damage' arises out of those (2) To 'bodlly Iniury,' 'property damage or operations;or `personal and advertising mfury arlsing 6. That particular part of any property out of the sole negilgance of such that must be restored, repaired or additional insured. replaced because 'your work' was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b.through h.above Paragraph 2 of this exclusion does not does not apply to 'bodily injury' or 'property apply it the premises are'your work'and damage'Included wllhln the `oroducls completad were never occupied, ranted or held for operations hazard.' rental by you. d-3. The following Is added to Paragraph H. of the Paragraphs 1,3,and 4, of this exclusion BU51HESSOWNERS COUMDN POLICY do not apply in`property damage' (other CONDIUGHS: than damage by fire or explosion) to H. Other Insurance premises rentedtoyou: 4. This insurance is excess over any other 2 temporarilytoy u: led u with ilia insurance naming the adcrAlonal insured ( ) permission of the occupied byer,o as an Insured whether primacy, excess, contingent or on any other basis unless a (3) to The contents of premises ranted to written contract or written agreement you for a period of 7 or fewer speclflcatiy requlras thatthis Insurance be consecutive days. either primacy or primary. and A separate limit of Insurance, noncontributing. applies to Damage To Premises Rented 4. LSCAL LIABILITY-DAMAGE TOPREMISES To You as described in Section D - r Liability and Medloat Expanses Limits of A, Under B. Exclusions, 1, AppIicable to Insurance. Business Liability Coverage, Exclusion V. SB-i46932-D Page 3 of 5 (Ed.07/02) I I t 4 SE-146932-D (Ed.07109) from your work for the additional-insured This Insurance does not apply to 'bodily which is the subject of the written contract or injury; 'property damage' or `personal and written agreement. No coverage applies to advertising iriluryo arising out of operations liabilty resulting from the sole negligence of performed for the state or municipality. the additional insured. c, Controlling Interest The insurance provided to the additional Any parsons or organizations with a Insured is limited as follows - u— ---- - cotitroAing interest ihyou but oniywith[aspect (1) The Limits of Insurance applicable to the to their liability arlsing out of: additional insured are those specified In the written contract or written agreement (i) Theirf nancial control of you;or or In the Declarations of this policy, (2) Promises they own, maintain or control whichever Is lass. These Limits of while -you tease or occupy these Insurance are Inclusive of, and not in premises. addition to,the limits of insurance shown in the Declarations. This insurance does not apply to structural alterations, now construction and demolition (2) The coverage provided to :he additional oparaions performed by or for such additional Insured by this endorsement and insured, paragraph F.S.of the definition of'msured contract under Liability and Modical d• Managers or Lessors of Promises O"ir ses Dsfin@ions do not apply to A manager or lessor of premises but only with 'bodily injury' or 'property damage` respectto liabilty arising out of the ownership, arising out of the 'products-completed maintenance or use of that speck part of the operations hazard'unless requlredbythe premises leased to you and subject to the wrlften contract or written agreamem, following additional exclusions: (3) The Insurance provldad to the additional This insurance does not apply to: insured does not apply to 'bodily injury,' N 'properly damage,' or 'personal and (1) Any'oocurrenoe'which takes place after advertising injury` arising out of the you cease to be a tenant in that premises g rendering or failure to render any or professional services (2) Structural alteratlons,now consttuctfan or b. State or?oiWeelSw+t:+dtvlsions demolition operations performed by or on behalf of such additional insured. A state or poilticai subdivision subject to The following provislons: MortgagM Awfg nee or Eleaoivar & (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to fhelr [[ability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the permit In connection with premises you ownership,maintenance,or use of a premises own, rent, or control and to which this by you. Insurance applies: This insurance does not apply to structural (a) The ezrsfence, maintenance, repair, alterations, new construction or demolition construction, erection, -or removal of operations performed by or for such additional advertising signs,awnings,canopies, insured. cellar entrances, coal holes, i. ownersiother Interests-Land is Leased SM driveways, manholes, marquees, hoistaway openings,sidewalk vaults, An owner or other interest from whom land street banners, or decorations and has been Isased by you but only with respect slmllar expcsuras;or to liability arising out of the ownership, (b) The conshucti❑n, erection, or maintenance or use of that specific part of the : removal of elevators;or land leased toyou andsribjsct to the following addItlonal exclusions (2) This Insurance applies only with respect This Insurance does not apply to: —� to operations performed by you or on your behalf for which the state or poliflca! (1} Any 'oxarrence'which takes place subdlv;slon has Issued a Parrrift. affarlcu caa$a t0 lease that land'or SD i4fi932-D Page 2 of S (Ed.07109) , 3 SB-'1A6932-I3 (Ed.07/09) (16)FmesorPenalties Personal and Advertising Injury Coverage Flees or penallles levied or imposed by a does not apply to policies issued in the states governmental entity because of of Newyork or Ohio. discrimination, D, This provislan (Expanded Personal and C. This provision (Expanded Personal and Personal Advarttaing Injury) does not apply if Advertising Injury) does apply to and Advertising Injury l.1ablRy is -- discdmination-or-humlltatiotr-aommlted-in the od or b y endorsement. either by_the provisions of thedorsement. _Policy states of New York or Ohio.Also, Expanded 2 SB-146932-D Paga S of 6 (Ed,0710S) I i Policy #4024439006 CAVA S`Ed. 0/09 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE Name Of Parson Or Organbat[on___ _1 Information required to complete this Schedule,If not shcwn on this endorsement,wip he shown In the Declarations. This endorsement modiitas insurance provided under the following: BUSINESSOWNERS COMMON POLICYCONDMONS We waivs any right of recovery we may have against t. Any person or organization shown in the Declarations;oT 2. Any person or organization with whom you have a contract that requires such awaiver. e SB-300022-$ lnelUdvs ocpYrghudmatarlat of Innuranca sawkes oflke,kit,Ab lb pormisalon. Page 1 of 7 4 (Ed.07/09) :.opAhl,Invivixe sawb"0mca,Ira,2W2 PARKS, RECREATION AND COMMUNITY SERVICES Jeff Watling, Director Phone: 253-856-5100 Fax: 253-856-6050 KENT WASHING-ON Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 March 15, 2012 TO: Kent City Council Parks and Human Services Committee FROM: Alex Ackley, Parks Facilities Superintendent THROUGH: Jeff Watling, Director Parks, Recreation and Community Services SUBJECT: Cascade Door & Hardware, Court Project, Approve MOTION: Move to recommend authorizing the Mayor to sign the Cascade Door & Hardware Agreement for the Kent Court Project. SUMMARY: The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovation the building to accommodate housing the Kent Municipal Court Clerical Staff and Probation Staff. This required the purchase of locks and door hardware to be consistent with the City of Kent locking system. This agreement is for Door hardware and locks at Kent Municipal Court. : EXHIBITS: Goods and Service Agreement BUDGET IMPACTS: Council Bonds I i REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGHTH LAW DEPARTMENT) ,�Jlr Reviewed by Parks Director Originator: Rosalie Givens Phone (Originator): 5083 Date Sent: 3/20/2012 Date Required: 3/21/2012 Return Signed Document to: Rosalie CONTRACT TERMINATION DATE: 90 Days Written notice VENDOR NAME: Cascade Door & DATE OF COUNCIL APPROVAL: 3/20/2012 Hardware Brief Explanation of Document: The City of Kent purchased the Aukeen District Court in December of 2011. Parks Facilities is renovating the building to accommodate housing the Kent Municipal Court Clerical Staff and Probation Staff. This required the purchase of locks and door hardware to be consistent with the City of Kent locking system. This agreement is for Door hardware and locks at Kent Municipal Court. Cascade Door and Hardware was selected from three written quotes. This contract was approved at Parks Committee March 15, 2012 All Contracts Must Be Routed Through The Law Department (This area to be completed 1b�y the Law Departmeentt), y� Received: R I T """�'�(( l )az6LS Approval of Law Dept. �+� Law Dept. Comments: MAR 2 a 2012 �< T Date Forwarded to Mayor: Shaded Areas To Be Completed By Administratio U Received: 2012 a� n Recommendations and Comments: Disposition: Date Returned: