The URL can be used to link to this page

Home My WebLink AboutPK12-016 - Original - Evergreen Technologies, Inc. - Kent Municipal Court Remodel - Low Voltage, Data, CCTV - 03/23/2012 d Records Ma-n,hemei*KENT � WAS„INGTON Document 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: Evergreen Technologies Vendor Number: 192984 JD Edwards Number Contract Number: PK 10' 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 Detail: (i.e. address, location, parcel number, tax id, etc.): 1220 Central Ave S Kent Clw 3�7o�/Z 5 Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 3 q 4 I KENIT WA511NGTII PUBLIC WORKS AGREEMENT between City of Kent and EVERGREEN TECHNOLOGIES, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Evergreen Technologies, Inc. organized under the laws of the State of Washington, located and doing business at 3623 East Marginal Way S. Seattle, 98134, 206-774-1400, and Jay Emerson, RCDD (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: Furnish and Install low voltage/data/cctv for remodel at Kent Municipal Court located at 1220 Central Ave S, Kent, in accordance with Proposal dated February 21, 2012, which is attached 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 June 30, 2012, III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $37,192.21, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. PUBLIC WORKS AGREEMENT - 1 B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later, The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. 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. D. Final Pavment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) 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. 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. PUBLIC WORKS AGREEMENT - 2 in.....- ,Inv ,.,,, , &snv ."4 Da.-fnvmanro Rnnell 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 i 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 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 PUBLIC WORKS AGREEMENT - 3 .,InV ,,...J.,.- o-cn� ten!/ Dar-fnrmanra Rnnr!) i 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. i 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. 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 PUBLIC WORKS AGREEMENT - 4 /near Qt ink' erndar ctSnw and PPrfnrmanrP Rnnd) 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, j 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. Upon acceptance of the contract work, Contractor must provide the City a one-year warranty bond in a form and amount acceptable to the City. The Contractor 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 parts are repaired or replaced, 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 Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 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. PUBLIC WORKS AGREEMENT - 5 /n..nr C7ni! i.nrfor Ctn!! and Parfnrmanra Annr/l 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 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 j THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY j 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 PUBLIC WORKS AGREEMENT - 6 lnllPr t1nk' iinHl r QtSnlf AnH PPrFnrmanrP Rnnd) i 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 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 Aareement. 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 Gty, 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. i I I PUBLIC WORKS AGREEMENT - 7 &fmi! =,d Ocrfnrmanr= Rnnrl) 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: A CITY OF KENT: BY (signature) (signature) int Name James Mackey P int Suzette Cooke Its resident 1 Mavor (title) 3 d - /� DATE 5 March 2012 DATE NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Jay Emerson, Alex Ackley, Superintendent Parks Facilities Evergreen Technologies, Inc City of Kent 3623 E Marginal Way S 220 Fourth Avenue South Seattle, Wa 98134 Kent, WA 98032 206 774-1400 (telephone) (253) 856-5081 (telephone) 206-774-1401 (facsimile) (253) 856-6080 (facsimile) APP OVED AS TO FO M: t Kent Law Department avergrwnleehscurt PUBLIC WORKS AGREEMENT- 8 Irq„, , d--InV „ „/_ rtt nil ,nrl DarRI.l—m nm Rnnr!) 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 Cityts 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 Cityts sole determination regarding suspension or termination for all or part of the Agreement, The questions are as follows 1. 1 have read the attached City of Kent administrative pol icy number 1 2 2. During the time of this Agreement 1 will not discriminate in employment on the basis of sex , race, color, national brigin, 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, 1 agree to fulfill the five requirements referenced above. Dated this 5th day of March 1 2012__ By ------- For Ev6ra en Technologies, Inc Title ----President-------- Date _March 5, 2012 FFO I OMPI TANCE 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 j 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. i I i 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 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 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 i Policy that was part of the before-mentioned Agreement. j Dated this day of 20 i I By: For: i Title: Date: EEO COMPLIANCE DOCUMENTS - 3 I EVERGREEN TECHNOLOGIES INC. Communkallon Consulting and Contracting February 23, 2012 Mr.Alex Ackley City of Kent 220 4th Ave. South Kent, WA 98032 SUBJECT: Kent Municipal Court Low Voltage/Data/CCTV. SCOPE OF WORK: Section 17900/17910 (includes Addendum # 1 ) 1. Install 75 ea. Dual Leviton Cat.6 outlets. ( stations ) 2. Install 25 ea. Single Leviton Cat.6 outlets. ( stations, WAPS, wall phone, cameras, phoi 3. Install 30 ea. Panic Button cables. 4. Install 22/18 cable to 16 ea. Card Readers. 5. Install 1 ea. 25 pair Cat.3 cable from MDF Voice patch panel to "D" mark room. 6. Install 2 ea. City of Kent provided microphone cables in 4 ea. Courtrooms. (8 total) 7. Install 16 ea. Customer provided CCTV dome style cameras & 2 ea. Monitors. 8. Build out the MDF Room with: a. 2 ea. City of Kent provided 7 ft. black racks b. 3 ea. City of Kent Provided vertical wire managers. c. 12 inch black overhead tray in "T" configuration. d. 4 ea. 48 port Cat.6 patch panels. e. 2 ea. 24 port Cat.5e Voice patch panels. 9. Work will be done during Regular Hours ( 5am to 5pm ) except cable demo. 10. This project includes Phased work. 11. Remove old cable when project is complete. (after hours ) 12. Quote includes 150 Cat.6 patch cords,Test results, CAD asbuilt, Permit& Warranty. GENERAL CAT.6 WHITE NON PLENUM CABLE 34 22AWG 12 CONDUCTOR SHIELDED NON PLENUM SHIELDED CABLE 5 LEVITON IVORY CAT.6 JACK 175 LEVITON IVORY 4 PORT FACEPLATE 80 LEVITON 48 PORT CAT.6 PATCH PANEL 4 LEVITON 24 PORT VOICE PATCH PANEL 2 LEVITON 2U HORIZONTAL WIRE MANAGER 4 LEVITON 1U HORIZONTAL WIRE MANAGER 2 CITY OF KENT PROVIDED 7 FT.2 POST BLACK RACK 2 12 INCH BLACK LADDER TRAY( 10 FT.) 2 12 INCH BLACK RACK TO RUNWAY BRACKET 2 12 INCH BLACK WALL ANGLE KIT 3 CITY OF KENT PROVIDED VERICAL WIRE MANAGER 3 INSTALL CUSTOMER PROVIDED PANIC BUTTONS 30 INSTALL CUSTOMER PROVIDED MICROPHONE CABLES 8 25 PAIR CAT.3 NON PLENUM CABLE 0.15 INSTALL CUSTOMER PROVIDED DOME STYLE CAMERAS 16 CABLE SUPPORT PER CODE 2110 MISC. PARTS 1 TEST AND LABEL CAT.6 CABLE 175 PERMIT AND INSPECTION 1 CAD ASBUILT 46 REMOVE OLD CABLE(AFTER HOURS WORK) 1 EVERGREEN TECHNOLOGIES PROJECT SUB TOTAL: $33,548.19 PERFORMANCE BOND $417.30 EVERGREEN TECHNOLOGIES PROJECT TOTAL: $33,965.49 The above price DOES NOT include Sales Tax or a Bid Bond. STANDARD ASSUMPTIONS AND CAVEATS(unless otherwise specified): 1)Evergreen Technologies requires a signed copy of this quotation before any work can begin. 2)This quotation is good for a period of thirty days. 3)All materials and workmanship shall meet or exceed EIAITIA 568--569 and NEC codes. Evergreen Technologies guarantees the completed project for one year.All mud rings,pull strings, pov poles, backboards, floor access and conduits to be provided by others, unless otherwise specified. 4) Evergreen Technologies reserves the right to require any modifications as required to meet EIA/TIA specifications, local, State or NEC codes to accommodate cable installation. 5)Customer shall make premises available as soon as possible for material staging and pre-construction site survey. 6)Customer shall move, or make arrangements for others to move any furniture,files,shelves, computers, personnel belongings, or any other materials which obstructs placement of cabling. Such items must be moved by customer, prior to start of project. 7)Customer shall not locate any equipment which may cause Radio Frequency Interference(RFI) or Electromagnetic Interference(EMI), or Electrical Interference within 25 feet of cabling Main Distribution Frame(MDF). If the customer requests a location that does not comply with these conditions Evergreen Technologies may, at its discretion void the warranty provision of this contract. 8)Customer shall assist in the preparation of as-built documentation by providing current copies of all required floor plans.These plans shall identify all work locations and Communications Rooms with labeling scheme. 9)This quotation does not include the removal of existing cable. 10)Technical support of customer hardware OR customer generated delays are billed at$60.00 per hour, per person on-site.This includes access to required rooms, hallways, closets ETC. 11)We have estimated this project using regular working hours, unless otherwise specified (7:00 AM to 5:00 PM).Additional work required during swing shift(2:30 PM to 10:30 PM)or off hours (before 7:00 AM)the labor rate will increase by 20%, Billing for Saturday work is on a time and a half basis, Sunday work will be billed at double time. 12)Additional work requested outside the General Scope is billed on a Time and Materials basis. 13)Billing is bi-weekly with progressive billing for larger projects. Evergreen Technologies requires a deposit of 50%to begin work unless other arrangements are made.All past due invoices will be subject to a 1%interest charge per rr 14)This quotation assumes that all materials are available through standard distribution channels. 15)All cable installed in existing conduits or raceways are based upon 40%fill, additional labor will be charged at the normal rate for cable installation in overfilled raceways.(If required). 16)Pricing structure is based upon the award of the entire project, if the entire project is not awarded tc Evergreen Technologies as stated above, pricing will require re-negotiation. ICI I 17)Customer agrees to not directly or indirectly solicit for employment, or employ any person who is ai employee of Evergreen Technologies for a period of 1 year after termination of all contracts. Evergreen Technologies certifies that it is licensed and regularly engaged in the business of installing Data!Voice and Low Voltage cable systems, State of Washington Limited Energy Contractors#EVERGT1929K9 Evergreen Technologies is an IBEW Local 46 Union contractor. We look forward to working with you on this project, if you have any questions regarding this I quote please contact me at(206)774.1344 Sincerely, Jay Emerson Project Manager Please complete this information to begin project: Purchase Order# Date Accepted by: Printed name: Company name: BILL TO: 4 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, -- -- - --insurance-against c-laims-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 8 (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 insur_a 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 no't 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 j Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the I 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 irs 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. OP ID: ME ACORO CERTIFICATE OF LIABILITY INSURANCE DAT03102/1D/2 3/022 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(tes) 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 425-489-4500 CONTACT NAME Hub International Northwest 425-489-4501 PHONE IFAX P.0.Box 3018 E MCAILe Ext A C No Bothell,WA 98041-3018 ADDRESSPRODUCER EVERG03 Steve Scott CUSTOMERID# _ _ _ INSURER(S)AFFORDING COVERAGE NAIC If INSURED Evergreen Technologies, Inc. INSURERA Charter Oak Fire Ins. 25615 3623 East Marginal Way S. INSURERS Phoenix Insurance Company Seattle,WA 98134 INSURERC Travelers Prop Casualty Ins Co INSURER Columbia Casualty Company INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY 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 rypE OF IN ADDL SUBR POLICY Err POLICY EXP LIMITS LTR IN POLICY NUMBER MMlDD/YYVY MM/DDIYVVY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 -I RII A X COMMERCIAL GENERAL LIABILITY 4TC0526D9021COF11 04/01/11 07/01/12 PREMISES Ea occurrence $ _300_9_00 CLAIMS-MADE 41 OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,00 X Stop Gap GENERALAGGREGATE $ 2,001 GEN L AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OPAGG $ 2,001 POLICY I X7 PE° LOC Emp Ben $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 B X ANY AUTO 4T810526D902111CNS 04/01/11 07/01/12 (Eaaccidiant) BODILY INJURY(Per person) $ ALL OMMED AUTOS BODILY INJURY(Per acadent) $ SCHEDULEDAUTOS PROPERTY DAMAGE HIRED AUTOS (Per acadent) $ NON-OWNEDAUTOS $ X UMBRELLALIAB X_ OCCUR EACH OCCURRENCE $ 1,000,00 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,00 C 4TSMCUP52SD9021TIL11 04/01/11 07/01/12 — DEDUCTIBLE $ X RETENTION $ 10,000 $ 1 WORKERS COMPENSATION AND EMPLOYERS'NABILIITY ORY LAMITS X iOER A ANY PROPRIETOR,PARTNERIEXECUTIVEY 4TCO526D9021COF11 04101M1 07/01/12 EL EACH ACCIDENT $ 1,000,00 D? E nIN OFFICER/MEMBER EXCLUDEJ NIA' (Mandatory in NH) WA STOP GAP EL DISEASE-EA EMPLOYEE $ 1,000,000 If yyes describe under -- - - -- 0 SCRIPTIONOFOPERATIONSbelm EL DISEASE-PCLICYLIMIT $ 1,0009000 D Prof LiablNo AI ICPB276178276 04/01/11 04/01/12 Occ. 1,000,00 Agg 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Sdudule,if more space is required) See attached holder note ETI Project Kent Municipal Court Remodel CERTIFICATE HOLDER CANCELLATION CIKENTI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS 220 4TH AVENUE SOUTH KENT,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD I CuMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY—CONTRACTORS COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) This insurance does not apply to "bodily in- to include any person or organization you are re- jury" or "property damage" caused by "your guired to include as an additional insured on this work" included in the "products-completed policy by a written contract or written agreement operations hazard" unless you are required to in effect during this policy period and signed and provide such coverage for the additional in- executed by you prior to the loss for which cover- sured by a written contract or written agree- age is sought The person or organization does ment in effect during this policy period and not qualify as an additional insured with respect to signed and executed by you prior to the loss the independent acts or omissions of such person for which coverage is sought and then only or organization The person or organization is for the period of time required by such con- only an additional insured with respect to liability tract or agreement and in no event beyond caused by"your work" for that additional insured the expiration date of the policy 2. The insurance provided to the additional insured 3. Subpart (1)(a) of the Pollution exclusion under is limited as follows Paragraph 2 , Exclusions of Bodily Injury and a) In the event that the limits of liability stated in Property Damage Liability Coverage (Section I — the policy exceed the limits of liability required Coverages) does not apply to you if the "bodily by a written contract or written agreement in injury" or "property damage" arises out of "your effect during this policy period and signed and work" performed on premises which are owned or rented by the additional insured at the time "your executed by you prior to the loss for which work" is performed coverage is sought, the insurance provided by this endorsement shall be limited to the 4. Any coverage provided by this endorsement to an d= limits of liability required by such contract or additional insured shall be excess over any other agreement This endorsement shall not in- valid and collectible insurance available to the crease the limits stated in Section III— LIMITS additional insured whether primary, excess, con- OF INSURANCE tingent or on any other basis unless a written b} The insurance provided to the additional in- contract or written agreement in effect during this sured does not apply to "bodily injury", "prop- ertypolicy period and signed and executed by you damage", "personal injury" or"advertising prior to the loss for which coverage is sought injury" arising out of an architect's, engineer's speciticauy requires that this insurance apply on a or surveyor's rendering of or failure to render primary or non-contributory basis When this m- any professional services including surance is primary and there is other insurance available to the additional insured from any I. The preparing, approving or failing to source, we will share with that other insurance by prepare or approve maps, shop drawings, the method described in the policy opinions, reports, surveys, field orders, change orders, or drawings and specifi- 5. As a condition of coverage, each additional cations, and insured must IL Supervisory or inspection activities per- a.) Give us prompt written notice of any "occur- formed as part of any related architectural rence" or offense which may result in a claim or engineering activities and prompt written notice of"suit" CG 02 46 10 02 Copyright, The Travelers Indemnity Company, 2002 Page 1 of 2 004447 COMMERCIAL GENERAL LIABILITY b.) Immediately forward all legal papers to us, requirement, the term "insures against' refers cooperate in the investigation or settlement of to any self-insurance and to any insurer which the claim or defense against the "suit," and issued a policy of insurance that may provide otherwise comply with policy conditions coverage for the loss, regardless of whether c.) Tender the defense and indemnity of any the additional insured has actually requested claim or "suit"to any other insurer which also that the insurer provide the additional insured insures against a loss we cover under this with a defense and/or indemnity under that endorsement This includes, but is not limited policy of insurance to, any insurer which has issued a policy of d.) Agree to make available any other insurance insurance in which the additional insured that the additional insured has for a loss we t qualifies as an insured For purposes of this cover under this endorsement z r Page 2 of 2 Copyright,The Travelers Indemnity Company, 2002 CG D2 46 10 02 NOTEPAD: HOLDER CODE CIKENTI EVERG03 PAGE INSURED'S NAME Evergreen Technologies, Inc. OP ID:ME DATE 03/02/12 City of Kent named as an additional insured on all policies(except Professional Liability)as respects work performed by or on behalf of the contractor.The Commercial Generar Liability shall also contain a clause stating that coverage shall appply sepparately to each insured against whom claim is made or suit is broug lit,except with respects To the limits of the insurer's liability See aftached endorsement ETI Project Kent Municipal Court Remodel s x Department of Licensing Office of the Secretary of State Master License Service Corporations Division r LEGAL ENTITY REGISTRATION k� Unified Business ID #: 602 821 961 ; Business ID #: 1 �I l ,1 Chi Expires: 04-30-2012 l; s� EVERGREEN TECHNOLOGIES, INC. 3623 E MARGINAL WY S a� SEATTLE WA 98134 r r t� f; Domestic Profit Corporation Renewed by Authority of Secretary of State c� / REGISTERED TRADE NAMES: ti EVERGREEN TECHNOLOGIES, INC Y�d el - 4 v f. A` I� t p Y f k \� IC L� r YJ k 1 k' ra 1 r, i r 4 r a w; By accepting this document the licensee certifies that information k' r provided on the renewal was complete true,and accurate to the ` I best of his or her knowledge,and that the company will stay in compliance with all applicable Washington State regulations i I Director,De 3rtment of Licensing 1 Page 1 of 2 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Document Received Date. Intent Id: Affidavit Id. Status Approved On 3/8/2012 503150 3/9/2012 Company Details EVERGREEN TECHNOLOGIES INC UBi# 602821961 3623 E MARGINAL WAYS Reg#• EVERCT1929K9 SEATTLE, WA 98134 E-mail- mfox@evergreentec.com 206-774-1400 Industrial Insurance Account Id: 404,500-03 Filed By Fox, Marianne Prime Contractor Company Name EVERGREEN TECHNOLOGIES INC Contractor Registration No. EVERGT19291(9 WA UBI Number 602821 961 Phone Number 206-774-1400 Project Information I Awarding Agency KENT, CITY OF/PARKS & REC 220 - 4TH AVE S KENT, WA- 98037 Awarding Agency Contact Alex Ackley a Awarding Agency Contact Phone Number 253-856-5081 Contract Number n/a Project Name Kent Municipal Courthouse Bid due date 2/21/2012 { Award Date 2/28/2012 II, d r h1-tnc-//CPrurParrPQQ wn vnv/lni/nwin/ViewTntPnt asnx 3/13/2012 r� Page 2 of 2 Project Site Address or Directions 1220 Central Avenue S. Kent, Washington Intent Details Does your company Intend to hire subcontractors to No perform all work? Does your company Intend to hire any subcontractors? No Will your company have employees perform work on this Yes project? Do you intend to use any apprentices? (apprentices are No considered employees.) Will this project utilize American Recovery and No ; Reinvestment Act (ARRA) funds Specifically, will this project utilize any weatherization or No energy efficiency upgrade funds (ARRA or otherwise)? How many owner/operators performing work on the 0 project own 30% or more of the company? What is the estimated contract amount? or Is this a time $37,191.21 and materials estimate? Expected project start date: (MM-DD-YYYY) 3/12/2012 In what county (or counties) will the project be done? King In what city (or nearest city)will the project be done? Kent journey Level Wages i� # County Trade Occupation Wage Fringe Workers ; aKing Telecommunication Journey Level $27.28 $10.72 2 Technicians 1-73Show/Hide Existing Notes No note exists https://secureaccess.wa.gov/lni/pwidViewlntent aspx 3/13/2012 SUBCONTRACTOR LIST Prepared in Compliance with RCW 39 30.060 Pursuant to RCW 39.30.060, list each subcontractor that shall perform the following listed subcontract work amounting to more than 10°o of the total bid contract price, less applicable sales tax List each bid item to be performed by each designated subcontractor in numerical sequence. This subcontractor list must be fully completed, signed and delivered no later than the time for bid opening. If no subcontractors will be performing 10% of the work, indicate this by writing "None" and signing this form. PROJECT NAME °� .��L'' C Ml1 jA"C,ke-kk. co -, tj V oo TA (0f4T YGC -TV CONTRACTOR' SIGNATURE�1i j¢'C/ Subcontractor Name_ 1 ( A Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers I ; CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S RESPONSES TO THIS FORA TO DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM THE CONTRACT WORK. THIS FORM REQUIRES CRITERIA ESTABLISHED BY STATE LAW AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROTECT. THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULL Y. Indicia of contractor's responsibility inherently involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and its taxpayers to administer its budgets and complete its projects in a businesslike manner Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part. on the qualification statement form used by the American Institute of Atchitects The city provides these criteria so as to provide the most objective framework possible within which the city will make its decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work. Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline. If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria. If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city's reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's determination. No appeals will be received after the expiration of this 24 hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular marl, the delivery will be deemed complete three days after being placed in the U S. Mail. The bidder's right to appeal is limited to the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work. i If the bidder fails to request a modification within the time allowed, or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will make its determination of bidder responsibility based on the mfonnation submitted. COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT INA DETERMINATION T111T YOUR BID IS NON-RESPONSI UE A VD THEREFORE VOID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading SUBMITTED BY: v ram'C �1;� =� "�� ( C " (I NAME- ADDRESS: _3 �6 2- d s` 't C v.I z 1` ��4 ii A PRINCIPAL OFFICE• S•yIVk f A S ADDRESS: PHONE: ?• 7 ci i `f a FAX: 1. STATUTORY REQUIREMENTS 1.1 Provide a copy of your certificate of registration in compliance with chapter 18 27 RCW. 1.2 Provide your current state unified business identifier nurnbet 1.3 Provide all applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required m Title 82 RCW. 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under contiol by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39 06 010 or 39.12 065 (3). 2. ORGANIZATION 2.1 How many yeais has your organization been in business as a Contractor? 13 `tC 4-4 2.2 How many years has your organization been in business under its present business name? 13 -4��,�S 2.2.1 Under what other or former names has your organization operated? f A t 4.4 On a separate sheet, list major construction projects your organization has in i progress, giving the name of project, owner, architect or design engineer, contract i amount, percent complete and scheduled completion date. 5:6 � 4-aAtktr_,C7 � 4.4.1 State total worth of work in progress and under contract- 2_ .7 a i as.+ -l- i 4.5 On a separate sheet, list the major projects your organization has completed in the i past five years, giving the name of project, owner,architect or design engineer, contract amount, date of completion and percentage of the cost of the work I( performed with your own forces. S.— �1 A c � 4.5.1 State average annual amount of construction work performed during the past five years• 10, 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. SS W- A41- -c L� < 4.7 On a separate sheet, list your major equipment. 50 z ,4+LAC.44�C—moo 5. REFERENCES 5.1 Trade References. 7, 5.2 Bank References: C°�'L f✓��3 �� 1� 5.3 Surety: C/ //✓✓i� �/� I`et0l;lLs 5.3.1 Name of bonding company: d��t l E ��/�Tra<J04— 5.3.2 Name and address of agent: -SG`s 6. FINANCING 6.1 Financial Statement. After bid opening, the Crt), may require the following financial information from any of the three appaientlow bidders. If so requned, the selected bidder(s)must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contiact A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement,preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g.,cash,joint venture accounts, accounts receivable,notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; PROPOSAL SIGNATURE PAGE The undersigned bidder hereby agrees to submit all insurance documents, performance bonds and signed contracts within ten (10) calendar days after City awards the Contract. The City anticipates issuance of the Notice to Proceed on the day of the preconstruction meet ng. No bidder may withdraw his/her bid for a period of sixty (60) calendar days after the day of bic opening. Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. Receipt of Addendum No.'s J� , to the plans and/or specifications is hereby acknowledged. Failure to acknowledge receipt of the addenda may be considered an irregularity in this proposal. By signing this Proposal Signature Page, the undersigned bidder agrees to be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. DATE: ? O/V`' L Jul 61 S NAME OF BIDDER BY: Via , Signature yz-5 (Print Name and Title) 6 Z 3 I-rl¢t 2&<1yAc_ �4 Address I i CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #11246) Date 2- C 2-- E P` This statement relates to a proposed contract with the City of Kent named Kent Municipal Court Low Voltage/Data/CCTV I am the undersigned bidder or prospective contractor. I represent that - r 1. I r have, have not, participated in a previous contract or subcontract sub]ect to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. l c rt i..V•C. , NAME OF BIDDER BY: Signature/Title cw o ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) City of Kent Combined Affidavit & Certification Form: Non-Collusion, Minimum Wage (Non-Federal Aid) NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secuie to himself/herself or to any other person any advantage over other bidder or bidders AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief FOR; NON-COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT ,12-- T— NAME OF PROJECT NAME OF BIDDER'S FIRM SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER Subse`_9111 %Worn to before me this 2_0 7�6 day oflv ,2012. w II \P..au�auC' Ar,�� :o ' - • ins Notary Public in and for the State of Washington, s v "' � s residing a lFECtR �r pill O "1 -1 r r epr/r/fOF G1 v_i D D D G1 D D D D D D D D D D v m -{ � � -i -I -i --I o o p -i s o - -1 � W -t _ ° < ? S?o go Ro ° 20 Ln go go x 20 w v S2o v o rt o Qo 0 o Qo Qo 0 2 v D v x < Z p v M Q O W o' O o O n rD a Q- M M 0 = 0 p 0 W = T ._. N ro O w ni p M rD n �oo occ , 5- rD rDo r r o o w pn CO c 3a' s D a m A A N own DS N o p w m O c N NJ piO N O ET �. Q O -t rr O O O Oro I-- N '* NO NO In-r rD F-� O Y Y 3 Y Y O T 3 Y Y 00 & T (D s r9 G1 G1 o D D D D D D D D n n D D D D D D W rD -t -A - -s � < -i -i -i o o p - s � o -, � � � -i v -t c w o o 3 Ro Ro 20 ° 20 w go go o 20 ; °" v 20 � o � o go o o Qo go ° c O c p c c c = vO r, c !� = rD D rD r m rD (DoN n rD rD m (D m m v rD C o D 0) 0) C OC m S S S S pCj eN-e 3 S S 3 7 ° o rD m nrDp m 0 3 m m in to in to ;n to to to to tr� to to tn• to to to tf+ to to to to to in i^ in to to u. -a -i fD 0 m A _ 3 S Z O rn r Y Y Y Y U1 N W N W Y N N w D 0 rn 00 w 00 A O Y A o0 00 A cn 00 N V F. Pi 0) 0) 0 to V O 00 Y V O w V W Ol O Y N lD Y V W O W w (D 00 00 O W W F. w lD O 0) lD A In N O A lD Ul A A Un W Y 00 Y lD lD D0 lD V LD Y 00 N Y Ol W V A W Y W 01 = m lD A Cr) Y U1 tV V W Y W D1 U1 W W N U1 Y O O N Ol 0 01 O M Y W Y Cr) Ql N V7 Y to lD U'r Ln V A w Do V V lD N to V m Ut V w N W O O O W O O 0 O 0 O O O O O O O O O O O O O O O O O O 0 O O 0 O O O O O O O O O O O O O O O O O O O O O O O O 0 m fD _ n m 3 rF 0 G 7 -n Y Y Y Y Y Y Y Y Y Y F-� Y Y Y F+ Y Y 1-� Y F� F✓ F-� F-� F� F� F-� 0 0 0 0 0 0 lD 0 0 0 0 0 0 0 0 0 0 0 0 W O O O O O o 0 0 0 ff 0 0 0 0 0 w 0 0 0 0 0 0 0 0 0 0 0 o v+ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a c o 0 0 �.Ol o n 0 3 a m Y O Y Y Y N 00 Y 00 0) W w Y IV 0 N Y N N {-+ O \ V \ \ \ \ \ N \ \ \ \ \ \ \ \ \ \ N \ Y Y W N \ \ \ Y \ Y W W W w Y Y W N k.D \ V V 01 O O M Ui V Ui Ul 0 0 Y NJ1-� N N 0 V V O Y N LD Y 00 \ W y \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ w \ N N N N N N N N N N N N N N N N N N N N N N N N N N Y N D1 O O O O O O O O O O O O O O O O O O O O O O O O O O \ O O O O Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y 0 Y to lD lD O 0 0 I� Y Y Y Y F-' N Y Y 0 Y Y Y Y Y N Y Y Y Y Y ➢ ➢ ➢ G7 n ➢ G1 G> G) 0 a a a a Ul o 2 N � :F- 2 2 2 2 o O p 0 0 o m v r v v v v N m m = 3 n -i s s T Q D N n r m c a 77 ID X C ti N p N rD v N v v a N = o vo ➢ s m -^ rD a n D m n � v a CD ➢ ➢ > G1 on > { G) G1 G) G1 20 � o 0 c 0 0 v v a 0 s a a a a ➢ ➢ = fp = = 2 2 m o m m u O d v v v v m cD N C' S 7 H m m 0 m cr m (A to to to lA 'V} ld). i/T iA {A 4.^ iA 7 ,� m � 0 n z a, o n '^ N r o N N r r N Pi > r O O O O O O W cn O i-A 3 A O M 0 CD 0 0 W M J J m O O w 0 0 0 0 m " W N N O O W O O O O U1 lD Ul 01 ,y. O O O O O O O O O O O O O O O O O O O O O O fD n fD 3 rr n 0 3 ru W r N M to lD N O M N A Vt Vq Ul W W Cn J M n 0 3 v m r r r O W W A W N W N W V1 W r 7 \ \ \ \ \ \ \ \ \ \ \ 0 r W r W W W W r W r r rn r to r r r r to r to to p� N N N N N N N N N N N y O O O O O O O O O O O r r r r r r r r r r r N N N N N N N N N N N MATERIAL LIST FORM On this page(s), list the products proposed on this job. Please note the submission of the materials list does not relieve the contractor from any contractual responsibility to provide other materials required to complete the project as specified. Itern Manufacturer Part Number Quantit i Use additional sheets as necessary Kent Municipal Court 00221-2 TQF Qty Part# Manufacturer Description 34000 7133801 General Cable CAT 6 Riser Rated 175 61110-R16 Leviton Cat 6 Jack-Ivory 80 42080-415 Leviton 4 Port Faceplate-Ivory 4 69586-U48 Leviton Cat 6 Patch Panel -48 Port 2 69586-U24 Leviton Cat 6 Patch Panel -24 Port 150 CM-02524BAG-3 ADC Cat 3 25pr Riser Rated 4 49253-BCM Leviton 2U Horizontal Manager 2 49253-LPM Leviton lU Horizontal Manager 2 11252-712 CPI Ladder Rack- 12" 2 10595-712 CPI Rack/Runway Mounting Plate 2 11911-712 CPI Wall to Rack Kit 5000 AL-2212C-2-111-09 Tappan 22Awg 12cond Riser Non-Shld 100 MPLS Enco Screw-On Mounting Plate 3 CAT32 Erico Cable Support Clip 2" Box of 60 50 CAT64 Enco Cable Support Clip 4"ea 50 10004 Oncore 3'Cat 6 Patch Cable 50 10006 Oncore 5'Cat 6 Patch Cable 501 10008 Oncore 7'Cat 6 Patch Cable a i 3 • i �VERGRE INC TE-L fT O�OngaES INC Communication Consulting and Contracting Job References Date: 2/20/12 Ms. Jackie Duty Parsons-Bri nckerhoff 999 Third Ave Suite 2400 Seattle, WA 98104 GROUP HEALTH Contact: Bill Grieve 206-901-6567 Silverdale Medical Center Install 450 Cat 6 cables, Server Room build out, 35 WAP's, Paging System. Port Orchard Medical Center Install 350 Cat 6 cables, 15 WAP's. MICROSCAN 500 Dual Cat.5e cables, Server Room build out, AN cabling, Security cabling, Paging System, Backbone cabling. COSTCO CORPORATE CAMPUS Contact. Chuck Perigen 425-313-8100 Buildings 1 & 2 1500 Triple Cat 5e outlets, Multiple IDF/MDF build outs, Copper& fiber backbone cabling, AN cabling, security cabling Buildings 3 500 Triple Cat.5e outlets, Multiple IDF/MDF build outs, Copper& fiber backbone cabling, AN cabling, security cabling. Data Center Fiber& Cat 5E backbone cable, install cabinets, racks & overhead tray. PERFORMANCE BOND Bond No 52BCSFP5902 CONTRACTOR SURETY: (,Name wgal slate and address) (Nome, legal status and principal place of itsiness) Evergreen Technologies,Inc. Hartford Fire Insurance Company 3623 E Marginal Way South PO Box 3018 Seattle,WA 98134 O W N L R Bothell,WA 98041-3018 (Name,legal status and address) City of Kent 220 41h Avenue South Kent,W A 98032�5895 CONSTRUCTION CONTRACT Date 0212 1/2 01 2 Amount 5 S37,19221 Desci ipuon (.Name and location) Kent Municipal Court Remodel BOND Dale 03/05/2012 (Not em lie-than C'omtruction Contract Date) Amount S $37,192.21 Modifications to this Bond None See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company (Cotpa ate Seal) Company (CoiporaicSeal) Evergreen Technologies,Inc Hartford F re surance ompany Signature . Signature (t (� Name and Name and Brett N Nieter Title Title, (Any additional signatures appear on the last page of this Performance Bond) Attorney-in-Fact (FOR INFORMATION ONLY—Name,address and telephone) AGENT or BROKLR OWNER'S REPRESFNTA r1VE HUB Northwest, LLC (Architect,Engineer or other party) PO Box 3018, Bothell, WA 98041-3018 (425)489-4500 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, admmistratois, successors and assigns to the Owner for the performance of the ConstrULUun Contract,which is incorporated hereto by reference §2 If the Contractor performs the Construction Contract, the Surety and the Contracloi shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3 §3 If there is no Owner Default under the Construction Contract,the Surety s obligation under this Bond shall arise after .1 the Owner first prov,des notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default Such notice shall ridicate whether the Owner is requesting a conference anion, the Owner, Contractoi and Suren to discuss the Contractor's performance It the Owner does not request a conference the Surety may, withm five (5) business days after rece,pt of the Owner s notice request such a eonlerence If the Surety timely requests a conference, the Owner shall attend Unless the Owner agrees otherwise,any conference requested under this Section 3 1 shall be held within ten(10)business days of the Surety s receipt of the Owner's The Company executing this bond vouches that this document conforms to American Institute of Architects Dneument A312,2010 edition 1 notice If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default, .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety,and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance w rth the teens of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract §4 Failure on the part of the Owner to comply with the notice requirement in Section 3 1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety fiom its obligations,except to the extent the S-irety demonstrates actual prejudice §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract, §5 2 Undertake to perform amid complete the Construction Contract itself,through its agents or independent contractors, §5 3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and complenen of the Constiuction Contract, arrange for d contract to be piepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured wtth performance and payment bonds executed by a qualified surety equwalent to the bones issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default,or §5 4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances ,1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner,or .2 Deny liability in whole or in part and notify the Owner citing the reasons for dental §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond ,oven days after receipt of an additional written notice fiom the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner If the Suiety proceeds as provided in Section 5 4, and the Owner refuses the payment or the Surety lids denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner §7 if the Surety elects to act under Section 5 1, 5 2 or 5 3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor urder the Construction Contract, and the responsibrhties of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract Subject to the commitment by the Owner to pay the Balance or the Contract Prue,the Surety is obl,gated without duplication, for 1 the responsibilities of the Contractot for correction of defective work and completion of the Construction Contract, .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5 and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance of non-performance of the Contractor §8 If the Surety elects to act under Section 5 1,5 3 or 5 4,the Surety's liability is limited to the amount of this Bond §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns §10 the Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts purchase orders and other obligations §11 Any proceeding legal or equitable under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default The Company executing this bond N ouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 or within two years after the Contractor ceased workmg or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or prohibited by law, the mmumam period of limitation mailable to sureties as a defense in the jurisdiction of the suit shall be applicable §12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond §14 Definitions §141 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behal f of the Contractor under the Construction Contract §14 2 Construction Contract I he agteement between the Owner and Contractoi identified on the cover page, including all Contract Documents and changes m ide to the agreement and the Contrac, Documents §14.3 Contractor Default. Failure of the Contractor,which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract §14 4 Owner Default Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Constwcnon Contract or to perform and complete or comply with the other material terms of the Construction Contract §14 5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor §15 It this Bond is issued for an agieement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor §16 Modifications to this bond are as follows (Space is pt of tiled heloen for additional signatures of added partiev, other than those appear ing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company [Corporate S il/ Company (Corporate Seal) Signature IzIddre3s ignature Name and Title ame and Title Address', Attorney-in-Fact The Company executing this bond vouches that this document conforms to American institute of Architects Document A312,2010 edition 3 PAYMENT BOND Bond No 52BCSFP5902 CONTRACTOR SURETY (Name,legal status and address) (Name, legal status and principal place of business) Evergreen Technologies,Inc. Hartford Fire Insurance Company 3623 E klarginal Way South PO Box 3018 Seattle,WA 98134 OWNER Bothell,WA 98041-3018 (Name, legal status and address) City of Kent 220 4th Avenue South Kcmt WA 98032-5895 CONSTRUCTION CON I'RACT Date 02/21/2012 Amount $537,19221 Description (Name and location) Kent Municipal Court Remodel BOND Date 03/0 512 0 1 2 (Not earlier than Construction Contract Date) Amount $ $37,192.21 �� Modifications to this Bond None IJ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company (Co +orateiS le ) Company (C rporate Seal) Evergre olo a Hartford Fire IAse Co pany Sign ure Signature Name and �}Nalft`a Name and Brett N. eier 1 itle (Wily additional signatures appear on the last page of this Payment Bond) Attorney-in-Fact (FOR INFORMATION ONLY—Name,address and telephone) F.OL" T or BROKFR OWNER'S REPRESENTA rivF (Architect, Engineer or other party) HUB Northwest, LLC PO Box 3018 Bothell, WA 98041-3018 (425)489-4500 § 1 The Contractor and Surety,jointly and severally bind themselves,their heus,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the peiformance of the Construction Contract,wh ich is incorporated herein by refeience,sublett to the following terms §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends,indenmifies and holds harmless the Owner from claims demands, liens or suits by any person or entity seeking pad ment for labor,materials or equipment furnished The Company executing this bond vouches that this document conforms to American Institute of Architects Document AM,2010 edition 4 f for use in the performance of the Construction Contract then the Surety and the Contractor shall have no obligation under this Bond §3 if there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall at the after the Owner has promptly notified the ContraUor and the Surety(at the address described in Section 13)of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performa ice of the Construction Conttact and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety §4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim demand,hen or suit §5 The Surety's obligations to a Claimant under this Bond shall arise after the following' §5 1 Claimants,who do not have a direct contract with the Contractor, I have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within nmety (90)days after having last performed labor or last furnished materials or equipment included In the Claim,and 2 have sent a Claim to the Surety(at the address described in Section 13) §5 2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety(at the address described in Section 13) §6 Fa nonce of non-payment required by Section 5 1 1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant s ohligation to furnish a written notice of non-pay*vent under Section 5 1 1 §7 When a Claimant has satisfied the conditions of Sections 5 1 or 5 2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions §7 1 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed,and §7 2 Pay or arrange for payment of any undisputed amounts §7 3 The Surety's failure to discharge its obligations under Section 7 1 or Section 7 2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquue as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement if,however,the Surety fails to discharge its obligations under Section 7 1 or Section 7 2,the Suicty shall indemnify the Claimant for the rcasonable attorney s fees:he Claimant incurs thereafter to recover any sums found to be due and owing it)the Claimant $8 The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7 3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract ana to satisfy uaims, if any under any construction performance bond By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contiactor in the performance of the Construction Contract are deducted to sansfy obligations ofthe Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the woik § 10 The Surety shall not be liable to the Owner Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to male payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Cla,mants under this Bond p i i The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,Purchase orders and other obligations The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 i edition 2 § 12 No suitor action shal I be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the dare(I)on wnich the Claimant sent a Claim to the Surety pursuant to Section 5 1 2 or 5 2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichevet of(I)or(2)iirst occurs If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable § 13 Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on vhich their signature appears Actual receipt of notice or Claims,however accomplished,shall be sufficient compliance as of the date received § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to he performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or othei legal i egwrement shall be deemed incorporated herein When so famished,the intent is that this Bond shall be construed as a statutory bond and not as a wmmon law bond § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made 16 Defimt-ons § 16 1 Claim A written statement by the Claimant including at a minimum, 1 the name of the Claimant, 2 the name of the person for whom the labor was done, or materials or equipment furnished, 3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the pertiirmance of the Construction Contract, 4 a brief description of tie labor,materials or equipment furnished, 5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract 6 the total amount earned by the Cluunant for labor,materials or equipment furnished as of the date of the Claim, 7 the total amount of previous payments received by the Claimant,and 8 the total amount due and unpaid to the Claimant for labor materials or equipment furnished as of the date of the Claim § 16 2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materia.s or equipment for use in the performance of the Construction Contract The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project s located The intent o',his Bond shalt be to include without limitation in the terms labor,materials of equipment'that part of water,gas,power, light, heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's hen may be asserted in the jurisdiction where the labor materials or equipment were furnished § 16 3 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all chances made to the agreement and the Contract Documents § 16 4 Owner Default Failure of the Owner,which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract § 16 5 Contract Documents All the documents that comprise the agreement between the Owner and Contractor § 17 if this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontr actor and the tern Owner shall be deemed to be Contractor § 18 Modifications to this bond are as follows (Space is provided below for additional signatures of added parties,other than those appearing on the cover page) CONTRACTOR AS PRINCiPAI SLRETY The Company executing this bond vouches that this document conforms to American institute of Architects Document A112,2010 3 edition 3 Company (Corporate Sea)) Company (Corporate Sea]) Signature Signature Ndme and Title Name and Title Address Addiess Attorney-in-Fact i The Company exec uhng this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 Direct Inquiries/Claims to: POWER OF ATTORNEY THOE ne rtRTford Plaza ORD BOND T 4 Hartford, Connecticut 06155 call-888-266-3488 or fax 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 52-817010 Hartford Fire Insurance Company, a corporation duh organized under the laws of the State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited. Steven K Bush. M J Cotton, Nancy J Osborne, S M Scott, Darlene Jakielski, Julie M Glover, Jim W Doyle, Michael A Murphy, Andy D Prill, Theresa A Lamb, Jim S Kuich, Steve Wagner, Brandon K Bush, Chad M Epple, Brett N Meier, Ellen M Bell of Bothell, WA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22, 2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney A-� xLs 1p7g Mart° �P .}� • � ,'a`- 't u.m5r � rrn.H ''v'•fr��.• Wesley W Cowling,Assistant Secretary M Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 3rtl day of November, 2008, before me personally came M Ross Fisher, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut,that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument, ;hat he knows the seals of the said corporations, that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority t s # R Scott E Paseka Not.,ry Public CERTIFICATE My Commission Expires October 31,2012 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as ofM 121DIA Signed and sealed at the City of Hartford vv'1 .Mi•�•a� '".` �re..i•.ara i > ►Ya r _ ,i/"""'e�•_ ��T�y'��r`- 3,.casor. ,yM� rM1 p,amrz niv,�a ' a.oiM� °. 1970 �` t-t 1970 = 19,19 F _ # ? �»./ �ba1rt• #YA a 1•�t f • � �` •�,.e,5 � 4.r.r. �:.�Rd Gary W Stumper,Assistant Vice President x - REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes wA ., -.. Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Reviewed by Parks Director Originator: Rosalie Givens Phone Ori inator : 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: Evergreen Technologies, DATE OF COUNCIL APPROVAL: 3/20/2012 Inc 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 agreement is for the Low Voltage/Data/CCTV to make building compatible with City of Kent voltage/data/cctv. This agreement is for Low Voltage/Data/CCTV at Kent Municipal Court. Evergreen was the successful bidder in Competitive Negotiation RFP process. This contract was approve at Parks Committee on March 15, 2012. All Contracts Must Be Routed Through The Law Department I (This area to be completed by the Law Department) Received: Approval of Law Dept.: MAR 2 0 2052 Law Dept. Comments: LAW DEPT Date Forwarded to Mayor: 1 { Shaded Areas To Be Completed By Administration Staff r- Received: " - � ili Ii Recommendations and Comments: Disposition: z�� Date Returned: t