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HomeMy WebLinkAboutPD15-133 - Original - McKinstry Company LLC - HVAC Modifications at Firing Range - 04/20/2015 Records M � sgemZoee KENT Document WAexinoron �0 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: McKinstry Company LLC Vendor Number: JD Edwards Number r I Contract Number: FG)9S -- 9);�- This is assigned by City Clerk's Office Project Name: HVAV Modifications at Firing Range Description: ❑ rnterlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: April 20, 2015 Termination Date: April 24, 2015 Contract Renewal Notice (Days): None Number of days required notice for termination or renewal or amendment Contract Manager: Chris Sprague Department: Police Contract Amount: $7 681 42 Approval Authority: (CIRCLE ONE) apartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): i As of: 08/27/14 KENT WPS XIxc'ICN ' PUBLIC WORKS AGREEMENT between City of Kent and McKinstlryCornpany, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City'), and McKinstry Company, LLC, organized under the laws of the State of Insert State Co. Formed Under], located and doing business at 5005 3 Ave S. Seattle, Wa. 98134, (206) 832-8474, Matthew Webb (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: See attached HVAC Modifications proposal from Mckinstry dated April 2, 2015 (Exhibit A) -Procurement, and installation of six (6) new 24x 24 supply air diffusers -Sealing and flashing of existing exhaust plenum -Pressure checking of Exhaust plenum upon completion of work- Contractor further represents that the services furnished under this Agreement will be P 9 i 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 Sectlon'I between April 20, 2015 and April 24, 2015.. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $7,681.42, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $10,000, and pursuant to Chapter 39.08 f PUBLIC WORKS AGREEMENT- 1 (Under$10K and No Performance Bond) RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final fifty percent (SO%) of the Contract amount for a period of thirty (30) 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. B. Defective or Unauthorized Work, The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable; for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment: Waiver of Claims. THE .CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (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 (Under$1OK and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains, a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for.good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages, with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor. on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed PUBLIC WORKS AGREEMENT - 3 (Under$I0K and No Performance Bond) 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 waive's its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The. Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first, Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1-through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise'to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest, The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is vplid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an PUBLIC WORKS AGREEMENT- 4 (Under$IOK and No Performance Bond) invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICA13LE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. 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 an additional year beyond the original warranty period applicable to the overall work. 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 (Under$10K and No Performance Bond) 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 THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, ,or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by PUBLIC WORKS AGREEMENT- 6 (Under$I0K and No Performance 8ond) 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 Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Comoliance 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. City Business License Required, Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. i PUBLIC WORKS AGREEMENT - 7 (Under$10K and No Performance Bond) J, Counterparts This Agreement rrlay be executed 1j.i :any number of Co intetpgrts;',' Bach of uvfiich sha.(1 ConstlkU:te an original, an of wtilCh will together constitute,'Ehis one::' A'greamerit. N 1NTTNESSy the parties below execute this AgreemeriE whrch shall became effective on the last date erite001 below. CONTCTOR RA CITY OF KENT Bq By (Sjgq 1 (signature) Pri ame: 1.O ti �'\ Print Name R P641a Its S 7` a .✓ rt :. S'047 Its; Assistant Chief (titj DATE: DATE: NOTICES TO 13E SENT TO: NOTICES TO 6E SENT'TO.- CONTRACTOR; CITY OF KENT: MattheW Webb Ch lsfoph.er Sprague McKinsEry Companyi LLC Qty of Kent 5005 3 Ave. S. 220 Fourth Avenue South Seattle, Wa: g9fM Kent, WA. 48032 (206) 832-8474 (telephone) (253) 856-5857;(telephone) (206) 762-2624 (facsimile) (253) 856-6330 (facsimile) P.bl`3'iMbmllleRlO i.Frvg ku4t.\Idin.y'Apd i015 vinndu Ili i t i tt I r Ir. t 5 r 'I ' PUBLIC WORKS AGREEMENT 8,.. � Under$ZOK and No Perfiorr>Zan'cg Bond) i J. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT. By: By: (signature) (signature e Print Name: Print Name: f -Paditta •�J d Its Its: Assistant Chief (title) DATE: DATE: 1 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Matthew Webb Christopher Sprague McKinstry Company, LLC City of Kent 5005 3 Ave. S. 220 Fourth Avenue South Seattle, Wa. 98134 Kent, WA 98032 (206) 832-8474 (telephone) (253) 856-5857 (telephone) (206) 762-2624 (facsimile) (253) 856-6330 (facsimile) A.Y'M1ill ilmC)=Hu%1731 Fv AM 1W1.li A143D15 mvmtth PUBLIC WORKS AGREEMENT- 8 (Under$10K and No Performance Bond) DECLARATION , CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY { The City of Kent is,committed to conform to Federal and State laws regarding equal opportun(ty; As such all contractors, subcontractors. and suppliers who perform work with relation to this Agreement: shall comply with the regulations of the Clty's equal employment opportunity policies;' . T.he 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 Ehe following questions for this Agreement to be valid and. binding; If any contractor, bc suontractor or supplier willfully misrepresents themselves with regard to the directives outlines, .it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termin6d6h for all or part of the Agreement; i The questions are as follows: 1. I have read the attached City of Kent administmtive:pollcy number 1.2, 2. During the time of this Agreement I will not dlscriminate in employrpept on the basis of sex, race, color, national origin; age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opporturiiEy ,employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and I. promotion of Women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. l By: Fpr: G Title; Date: l 1 , EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTFZATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1996 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 r amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. i 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. j ICI j EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I compiled fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: _ Date: I I I EEO COMPLIANCE DOCUMENTS - 3 Kent Police Training HVAC Modifications 4/2/15 Police Training Division 220 Fourth Avenue South Kent,WA 98032 i Attn: Mr. Christopher Sprague Dear Chris, Thank you for the opportunity to provide this proposal for your project.The scope of work includes all labor and material for the supply air diffuser modifications and exhaust plenum sealing discussed with you during our recent site visit. Details of the scope of work and pricing are listed below. SCOPE OF WORK AND CLARIFICATIONS > Includes installation of(6) new 24x24 modular core supply air diffusers to be located in place of approximately one half of the existing perforated sheetmetal supply grille presently dumping air near the entryway of the shooting range, the diffuser blades will be arranged to direct the supply air horizontally towards the range users to help mitigate the effects of stagnant air near the breathing zone, sections of the existing perforated grille will be cut out and replaced with the new diffusers > Includes sealing and flashing of the existing return air plenum to the CMU wall, upon completion analysis of the exhaust system will be performed to determine if any additional duct modifications will be necessary, if deemed necessary a separate proposal for that work will be provided > Following sealing of the exhaust plenum, we will have a commissioning technician analyze the plenum for any possible leaks that were missed,methods and procedures T.B.D. after his initial site visit > Mechanical permit,engineering, or drawings are presumed to be unnecessary and not included in this scope of work > We have included the necessary manpower to perform this work within a standard construction schedule during regular shift, Mon-Fri 6am-2:30pm,and anticipate the work to be complete within 2-3 days > This proposal Is based on current market material costs and labor levels EXCLUSIONS > Overtime or shift premium > Hazardous waste and/or asbestos abatement > .Costs associated with any additional services outside of this scope of work In case of unforeseen circumstances (should that occur those costs will be billed in addition upon receiving approval to proceed) > State and local sales tax(will be added at time of Invoicing) TOTAL LUMP SUM COST FOR THE ABOVE LABOR AND MATERIALS $7,015 + TAX Payment is due in full upon substantial completion. This proposal is valid for 45 days from the date proposed. Upon your favorable review, please sign and return this proposal for scheduling and implementation. Should you have any questions or require additional Information, please feel free to call me at(206) 832-8474. Sincerely, � ,��� Accepted by, Matthew C. Webb, P.E. Printed Name: Senior Account Manager Signature: McKinstry Company mattw@mckinstrv'com Date: i I r 1' �. MCKICO.-01 NIJOHNSON CERTIFICATE OF LIABILITY INSURANCE °ATE(31201 YYY) 4lI201S I THIS CERTIFICATE IS ISSUED AS A.MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(lea)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 CONTACT NAME: Huh DInternational Northwest LLC uc°Nu BDk�Eg:��info@hubinternational.com 500 ac No:(425)485.8489 12100 NE 195fh St - Suite= AODRE66:noW.info@hubinternational.com Bothell,WA 98011 INSURER(S)AFFORDING COVERAGE NAICP INSURERA:The Travelers Indemnity Company 25658 INSURED INsuRER 0,Travelers Property Casualty Company of America 25674 McKinstry Co.LLC INSURER C:National Union Fire Insurance Company of PlOsburg,PA 19445 PO Box 24667 DBuRBRD:Steadfast Insurance Company 26387 Seattle,WA 96124-0567 INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPEDFINSURANCE INSD WVD POUCYNUMRER MMNDY� MyJDDLD P LIMITS A X COMMERCIALGENERAL UABILT' EACH OCCURRENCE S 2,00g,00 .CLAIMS-MADE �OCCUR X X VTCZKC056438901INDIS 0113112016 01/3112016 pREMISES Ea ooarnence $ED 30D,00 X WA Stop Gap MED EXP(/vryane person s 10,000 ', PERSONAL&ADVINJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 4,000,0011 POLICY jE� LOG PRODUCTS-COMPIOP ADS $ 4,DDD,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 Esacddenl B X ANY AUTO X X VTC21CAP5643B913TIL15 01/3112015 01/3112016 BODILY INJURY(Parpmon) $ ALL OWNED SCHEDULED BODILY INJURY(Perectldenl) $ X AUTOS X ON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Pcraoddenl UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,00 C X D(CESS DAB CLAIMS-MADE X X SE11665826 0113112015 01/3112016 AGGREGATE $ 1,0D0,00 DED I_X_ RETENTIONS D $ WORKERS COMPENSATION I PER D - AND EMPLOYERS,LIABILITY STATWE X ER A ANY PROPRIVORIPARTNETUFAECUTNE YIN NIA VTC2KC0 56 43 8 9 011ND15 0113112015 01131/2016 EL FACH ACCmENi _ $ 1,060,00 OFBCER)MEMBER EXCLUDED? (Mandatary In NH) E.L DI6EA6E-EA EMPLOYES 1,000,00 if yes:desplbe under DES CRIPTIDNOFOPERATIONSbelmv EL DISEASE-POLICY UMR $ 1,000,00 D PROF&POLL EOC6738794-02 01131/2015 01/3112016 OCC/AGG LIMIT 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddJUnnal Romodcs Schedule,may be attached IF more space is mqulmd) RE:Kent Police Training HVAC Modifications The City of Kent Is added as Additional Insured under the General Liability insurance with respect to the work performed for the City.Coverage is primary& non-contributory.Waiver of subrogation and per project aggregate applies.See attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF KENT THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 22D FOURTH AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©19HO-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD i +.$:s o$•3 X' �'o$ kn�QQk ggs Mg g$. . @ ra �s° �' g %2Es— a e� •'E �e%� ' 6Yeu°'P. ,c°tNA_ 2 y L 2� � �EEEv{�6 c� R+n. � %S" `-�' e ulp6 ffia'�'�.R. 0 r •` {�n� Sfi €5�a3�QE.e • S. m`s' �i m�:' ¢Ea IT Og dg .oA A �'a� ¢¢aE , kd �' Hit �q .� E£g 'd2gmd €P9e'�'kn � 2 -sR�.� ggA 65sns&"6 kg,E a'g. 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PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1, WHO IS AN INSURED —(Section II) Is amended c) The insurance provided to the additional In- to include any person or organization that you sured does not apply to "bodily injury" or agree In a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional Insured on this Cover- and Included in the "products-completed op- age Part,but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you II.. "property damage"or"personal Injury";and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring Insurance" applies. The person or ante" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever Is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other Insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "wdtten contract requiring insurance", the in- "writlen'contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance Is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named Insured Section III—Limits Of Insurance. for such loss, and we will not share with that "other insurance". But the insurance provided to b) The Insurance provided to the additional In- the additional Insured by this endorsement still is sured does not apply to"bodily Injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services,including: an additional insured under such "other insur- I. The preparing, approving, or failing to ante". prepare or approve; maps, shop e draw- q. As a condition of coverage 'provided to the draw- ings, opinions, reports, surveys, field or- additional insured by this endorsement: drs or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications; and notice as soon as practicable of an "occur- . inspection, architectural or rence" or.an offense which may result in a ii. Supervisory, ins ac P ry, P claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2006 The St, Paul Travelers Companies, Inc. Page 1 of 2 i COMMERCIAL GENERAL LIABILITY 1. How, when and where the 'occurrence" any provider of"other insurance"which would or offense took place; cover the additional Insured for a loss we ii. The names and addresses of any Injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the Insur- ance provided to the additional insured by Ill. The nature and location of any injury or this endorsement is primary to 'other insur- damage arising out of the"occurrence"or ance" available to the additional Insured offense, which covers that person or organization as a b) If a claim is made or"suit' is brought against named insured as described in paragraph 3. the additional insured, the additional Insured above. must: 5. The following definition is added to SECTION V. 1. Immediately record the specifics of the —DEFINITIONS: claim or"suit'and the date received;and "Written contract requiring insurance` means U. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to Include a In- receive written notice of the claim or"suit"as person or organization as at, additional in- sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the"personal injury"is caused by an send us copies of all legal papers received In offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us In the Investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The addttional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or"suit' to c. Before the end of the policy period. 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