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HomeMy WebLinkAboutPK15-288 - Original - Wayne's Roofing, Inc. - Sealcoat & Stripe Fire Station 77 Parking Lot - 08/12/2015 Records a. a e end , Document W ws Htrvcrox 1 l s x 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: Wayne's Roofing, Inc. Vendor Number: 33961 JD Edwards Number Contract Number: ,QW6 trz This is assigned by City Clerk's Office Project Name: Sealcoat and re-stripe parking lot - Fire Station 77 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment X❑ Contract ❑ Other: Contract Effective Date: 08/12/15 Termination Date: 10/12/15 i i Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks, Facilities Contract Amount: $$521,220.00 "X Approval Authority: (CIRCLE ONE) Department Director Mayor pity Council ; Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 KENT PUBLIC WORKS AGREEMENT between City of Kent and Wayne's Roofing, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Wayne's Roofing, Inc„ organized under the laws of the State of Washington, located and doing business at 13105 Houston Road, Sumner, WA 98390, Donald Guthrie, 253 863-4455, (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: Wayne's Roofing, Inc. shall perform all work necessary to re-roof the existing 26,000 sf Kent Commons building. Project includes preparation of existing metal roof panels, Infilling over existing metal roofing, new cover board, new SPM roofing with applied decroative ribs, revised flashing, stucco repair, touch up painting, beam repair and other related work as required as indicated in the project manual and on the drawings, in accordance with Bid dated June 30, 2015, 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 within 60 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $521,220.00, 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. B. Retainaoe, 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 PUBLIC WORKS AGREEMENT - 1 (Over$20K, but$65K or Less, and Performance Bond) 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 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. I D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, Including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT - 2 (Over$20K, but$65K or Less, and Performance Bond) 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. it 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 wit h 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 j 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 PUBLIC WORKS AGREEMENT- 3 (Over$20K, but$65K or Less, and Performance Bond) 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 S. 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 for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work, In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (Including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver, By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, Interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. 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 PUBLIC WORKS AGREEMENT - 4 (Over$20K, but$65K or Less, and Performance Band) i 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. 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. PUBLIC WORKS AGREEMENT - 5 (Over$20K, but$65K or Less, and Performance Bond) i I I B. Non-Waiver of Breach. The failure of the City to Insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement In one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, Including all appeals, in addition to any other recovery or award 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 malling 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. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in, Chapter 42,56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act, J. 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. PUBLIC WORKS AGREEMENT- 6 (Over$20K, but$65K or Less, and Performance Bond) K. Counterparts and Signatures by Fax or Email. 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. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as If the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: $ ' . < .. •,> By. signature) By: (signat Print Name: Donald Guthrie Prinq41--1 Suzette CoolFcr' Its President Its Mayor p (t le) DATE: `I f i t ik DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Donald Guthrie Nancy Clary Wayne's Roofing, Inc. 13105 Houston Road City of Kent Sumner, WA 98390 220 Fourth Avenue South Kent, WA 98032 (253) 863-4455 (telephone) (253) 863-8311 (facsimile) (253) 856-5084 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM: Kent Law Department PUBLIC WORKS AGREEMENT - 7 (Over$20K, but$65K or Less, and 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 opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically Identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities, 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing b low, I agree to fulfill the five requirements referenced above. By: A /Donald Guthrie For: Wayne's Roofing, Inc. Title: President Date: 'I �34 oI EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer, 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 I CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Pollcy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: I For: Title: Date: III EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A SECTION 00400 REROOFING WORI{ NOTE TO BIDDER: Use preferably BLACK ink for completing this Proposal form, PROPOSAL To: City of Kent,Facilities Division Address: 220 Fourth Avenue South Kent,Washington 98032-5895 Project Title: ROOFING WORK: City of Kent Kent Commons 525 Fourth Avenue North Kent,Washington Bidder's,person to contact for additional information on this Proposal: Compa,ry:_ Wayne's Roofing, Inc. Contact Person: Brian Butler Telephone:253-863-4455 Fax: 253-863-8311 BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this Proposal are those named herein, Chat this Proposal is,in all respects, fair and without fraud, that it is made without collusion with any official or representative of the OWNER,and that the Proposal is made withoufany Connection or collusion with any person submitting another Proposal on this Contract, The Bidder further agrees that it has exercised its own judgment regarding the interpretation of subsurface information and has utilized all data which it believes pertinent from tile,CONSULTANT,OWNER,and other sources in arriving at its conclusions. The Bidder further declares that it has carefully examined Contract Documents for construction of the prOjeot, that it has inspected'11te site, that it has satisfied itself as to quantities involved, including materials and equipment,and conditions of work involved, including the fact that the description of quantides of work and materials as included in this Form of Proposal is brief and is intended only to indicate the general nature of the work and to correlate said quantities with detailed requirements in tho Contract Documents, and that this Proposal is made according to provisions and under terns of the Contract Documents, which Documents are hereby made a pact of this Proposal. City of Kent—Kent Commons Reroofing Specifioations June 2015 00 400-1 i CONTRACT EXECUTION.BONDS & INSURANCE The.Bidder agrees that its Proposal shall not be withdrawn for a period of 60 days after bid opening. The Bidder further agrees that if this Proposal is accepted,it will,within 10 calendar days after receipt of Notice.of Award, sign the Contract and deliver to the OWNER the required Performance and Payment Bonds and Certificates of Insurance, and will, to the extent of its Proposal,furnish all machinery, tools, apparatus, and other means of construction and do the work and furnish all the materials necessary to complete all Work as Specified or indicated in the Contract Documents. CONTRACT TIME The Bidder agrees to substantially Complete the Work within 60 calendar days after the Date of Notice to Proceed,and to Finally Complete work within 14 calendar days after Substantial Completion. SALES AND USE TAXES Prices quoted in the Proposal shall NOT include local and state sales taxes applied to the Owner's payments. The OWNER will pay the local and state sales taxes directly to the CONTRACTOR based on the monthly progress pay estimate, All other taxes as required by the laws and statutes of the State and its political sub- division shall be paid by the CONTRACTOR. BID SECURITY Provide bid security,consisting of postal money order, cashier's check or bid (surety) bond in the amount of 5%of the bid attached hereto. APerformance and Payment bond will be required of the successful bidder. ADDENDA The Bidder hereby acknowledges that he has received Addenda No's. 1 2 (Bidder shall insert No,of each Addendum received)and agrees that:all addenda issued are hereby made part of the Contract Documents, and further agrees that his Proposal(s) includes all impacts resulting from.said Addenda. TOTAL LUMP SUM BASE BID: Base bid includes roofing the metal roof areas at the Kent Commons building and related work. The Bidder agrees to accept as full payment for the Work,as specified in the Contract Documents and shown on the Drawings,and based upon the undersigned's own estimate of quantities and costs,the following lump sum: DOLLARS($Y7� OIX)—) 5t Y, ltwtoS4'A— City of Kent—Kent Commons Reroofing Specifications June2015 00 400-2 I DEDUCTIVE ALTERNATE BID#1: In lieu of Polyisocyanurate Insulation specified in Section 07530 Single Ply Membrane Roofing, paragraph 2.4.A Rutc Filler Material, provide BPS Molded-Polystyrene Insulation ASTM C 578 Type WI, 1.15-ib/cu.ft for the following amount,not including WSST FIFTEEN-THOUSAND SIX HUNDRED Dollat;s (Amorml in words)(Do not inchrde the base bid price, only the additional cost of this alternate) $ 15,600.00 (Amount in members) UNIT COSTS: Provide a unit cost to remove and replace deteriorated or damaged existing 5/8"plywood decking with new 518"CDX plywood decking,or to match existing size. ($ 112.00 One Hundred Twelve er 4 ft x 8 ft Sheet ith CDX Plywood QUALITY ASSURANCE The Bidder proposes the following roofing manufacturer's system to be used for the following portions of the work in the event that the Bidder is awarded the Contract, and will not be changed except with the written approval of the OWNER,which the OWNER may withhold for any reason: Type of Work Manufacturer of System Single Ply Roofing Sarnafil Bidder warrants that it is certified as an approved applicator-contractor by the manufacturer(s) of the above listed roofing system. EVIDENCE OF SAID CERTIFICATION SHALL BE WRITTEN TO THE OWNER,SIGNED BY THE MANUFACTURER,AND SUBMITTED TO OWNER ALONG WITH THE BID. PROJECT MANAGEMENT AND SUPERVISION The Bidder proposes the following designated Project Manager and Superintendent, whose experience and qualifications shall be as described in Instructions to Bidders, and whose resumes indicating relevant experience are enclosed with this Proposal. Brian Butler Chuck Richmond Project Manager Superintendent BIDDER The name of the Bidder submitting this Proposal is Wayne's Roofing Inc. City of Kent—Kent Commons Reroofing Specifications June2015 00 400-3 doing business at 13105 Houston Rd Sumner WA 98390 Street City state Zip which is the address to which all communications concerned with this Proposal and with the Contract shall be sent. The names of the principal officers of the corporation submitting this Proposal,or of the partners comprising the partnership, or of all persons interested in this Proposal as principals are as follows: Don Guthrie, Rod Wetherbee Federal Tax Identification No:_ 91-0949176 Contractor's Washington Registration No: WAYNESR205Q5 Dept.of Labor and Industries Reg.No: 00278110002 Washington State Department of Revenue No; 600 178 144 If Sole Proprietor or Partnership IN WITNESS hereto the undersigned has set his/her hand this day of Signature Title If Corporation IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed by its duly authorized officers this 30 day of June , 2015 Name of Corporation WaVne's Roofing Inc By Title Vice-President END OF SECTION City of Kent—Kent Commons Reroofing Specifications June 20I5 004004 EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 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. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington, S. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2, Automobile Liability insurance with a minimum combined single limit for bodlly injury and property damage of $2,000,000 per accident, EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability Insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim Is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. i A6� " CERTIFICATE OF LIABILITY INSURANCE DnT8/0a/2015 08/03/2015 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 policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Parker,Smith&Feek,Inc. IPAHCNN e.er q25-709-3600 plc No:425-709-7460 2233112th Avenue NE E-MAIL -- Bellevue,WA 98004 ADDRESS: INSURER(SLAFFORDING COVERAGE NAICM INSURERA: Zurich American Insurance CO. INSURED Wayne's Roofing,Inc. INSURER B: Navigators Insurance Comp any — - - 13105 Houston Road INSURERC:_ Sumner,WA 98390 INSURERD: 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. INBR TYPE OF INSURANCE ADDL SAT) - POLICY EFF POLICYEXP - LTR lN5 wVD POLICY NUMBER MMIDDrINNY MMIDDlYV1'Y LIMITS GENERAL LIABILITY GLA399116711 A 5/1/2015 5/1/2016 EACH OCCURRENCE _$ 1,000,000 OA E TO�TFi RED - X COMMERCIAL GENERAL DHBILITY X' _PREMISES Ea occurrenw $ 300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) s 10,000 PERSONAL B ADV INJURY $ 1,000,000 TGENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2.000,000 POLICY X PRa I LOC S A AuroMoeaE unealTY GLA399116711 5/1/2015 5/1/2016 44ccid SINGLE LIMIT 1,000,000 X ANYAUTO X URY(Par person) $ALL OWNED �( SCHEDULEDURY Per accident) S AUTOS AUTOS (XNON-OWNED DAMAGE HIRED AUTOS __AUTOS lB UMBRELLA LIAR X OCCUR SE15EXC5991091V 5/l/2015 5/1/2016 RRENCE $ 8,000,000 EXCESS LIAB CLAIMSMADE X E $ 8,000,OOD DED I X I RETENTION$ 0 $ A WORKERS COMPENSATION GLA399116711 WC STATUS X GEg AND EMPLOYERS'LIABILITY YIN 151112015 5/1/2016AD ANY PROPRIETORIPARTNEWEXECUTIVE❑ ae WA Stop Gap E.L.EACH ACCIDENT $ 1,000,000 OFFICERNMEMBER EXCLUDED? NIA --- (Mandate,[aNH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yet,descdhe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,it more space It required) WRI Job No.15-099-Public Works-Reroofing-City of Kent,Kent Commons,525 Fourth Avenue North,Kent,WA. City of Kent is included as Additional Insured and coverage is primary and non-contributory per attached Endorsement U GL 1175 F CW 4 13(GL)and U CA 424 F CW 04 14(Auto)and NAV EXC 001 04 10 pg.2 of 7(Excess)and NAV EXC 348A GI l l (Excess). CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF KENT 220 Fourth Avenue South AUTHORIZED REPRESENTATIVE Kent,WA 98032 y'! ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1 of 6 WPYNROGF(TGD00) Coverage Extension Endorsement ZURICH ' Policy No, Eff. Date of Pot. Exp. Date of 1: i. Eff. Date of End. Producer No. Add'I.Prem Return Prem. l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured"will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW(04-14) Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 6 2 of 6 VPo'AY1,1ROOF(TCB00) Additional Insured —Automatic — Owners, Lessees Or ZURICH Contractors Policy No. Eff. Date of Pol. Esp. Date of Pol. Eff.Date of End. Producer No. Add').Prom Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury"caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW(04113) Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 3 m o WAYHROOP 0 GB00) C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; 2. We receive written notice of a claim or"suit'as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV—Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III—Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 4 of 6 VJAYNROOF fTG600) However, in no case will coverage be excluded by the"controlling underlying insurance" and not excluded by this policy_ This Insurance does not apply to any liability; to which"controlling underlying insurance"does not apply, 2. for which coverage is provided by`controlling underlying insurance"at limits less than the limits of insurance applicable to other coverage provided by the"controlling underlying insurance'and less than"underlying limds:' 3. For"loss"which commenced prior to this°policy period,"whether ar not such loss" continues, progresses, changes or resumes during this"policy period," 4, for damage to property you own, rent or occupy, i ioluding any costs or expenses Incurred by you or any other person,organization or entity, for repair, replacement, enhancernent, restoration or maintenance of such property for any reason, including the prevention of injury to a person or damage to another's propedj,; 5. for damage to personal property in the care, custody or control of any insured: 6_ arising out of any"aircraft products;" 7, arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to,existence of,or presence of"asbestos;' S. arising out of the actual, alleged, suspected or threatened inhalaticn of, ingestion of, Contact with, exposure to,existence of,or presence of"fungi" or bacteria; j 9_ arising out of the actual, alleged, suspected or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of"silica"or"silica related dust;` 10. arising out of any 'employment practices"of any insured; 11, arising out of a. war, including undeclared or civil war; b, warlike action by a military force,including action In hindering or defending against an actual or ex.peoted attacr., by any gorernmem, sovereign or other authority using military personnel or other agents; or c. insurrection. rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these; 12, imposed under: a_ an uninsured or underinsured motorist,uninsured or underinsured boater, Medical Payments, Personal Injury Protection, No-Fault or any similar law, b. a workers compensation, disability benefits, unemployment compensation or any similar law; c, the Employee Retirement Income Security Act of 1974, any amendments thereto or any similar law. SECTION it—WHO 1S AN INSURED The WHO IS AN INSURED section of the"controlling underlying insurance'is made part of this policy. Any person or organization that is an insured in"controlling underlying Insurance"is an insured in this policy to the same extent, r:yv-Ek(�-upl lfjdi IOy Navigators Insurance Company Pap r,,of; Contains copyrighted material of the insurance Services Office, Imo,with its permission, I COMMERCIAL EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS OTHERINSURANCE PRIMARY AND NON-CONTRIBUTING This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART SCHEDULE When required by written contract executed before the "loss." A. Section IV - Conditions, 9. Other Insurance is deleted and replaced by the following; 9. This insurance is excess over any other insurance available to the insured except: a, insurance that is purchased specifically to apply in excess of this policy; or b. insurance available to the person or organization shown in the Schedule of this endorsement as an additional insured on the "controlling underlying insurance." B When this insurance applies on a primary and non-contributing basis, the Limits of Insurance available for the additional insured will be the lesser of: 1. the amounts shown in item 3 of the Declarations of this policy; or 2, the amount of insurance you are required to provide the additional insured in the written contract or agreement. All other terms of the policy remain unchanged. i NAV-EXC-348A(01111) Navigators Insurance Company Page 1 of 1 Contains copyrighted material of the insurance Services Office, ]no, with its permission. 14 l sales BUSINESS LICENSE and use tax must acoded and use tax must be coded LICENSE MUST BE RENEWED ANNUALLY BY No. 1715 for all qualified JANUARY 31 TO AVOID PENALTY sales within the city of I®E T Issuance of License Does Not Imply Licensee's Kent, . wa s a x c.o x Compliance with State and Local Laws TMS LICENSE MUST BE POSTED IN A CONSPICUOUS Year ; 2015 PLACE.NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2100437 WAYNE'S ROOFING INC MAYOR 13105 HOUSTON RI) The City Of Kent SUMNER,WA 98390 _A1220 4M AW SO KHNT,WASH GTON 98032 '.. I KtrNT PAYMENT AND PERFORMANCE BOND TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: Bond No: 1033501 That we, the undersigned, Wayne's Roofing,inc. as Principal, and The Hanover InsuranceComoany *New Hampshire a Corporation organized and existing under the laws of the State ofAVbshkxjtm7> *as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and Firmly bound to the CITY OF KENT in the penal sum of$ Five Hundred Twenty" , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. **One Thousand Two Hundred Twenty and 00/100th Dollars($521,220,00) This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of Kent Commons Re-roofing ProicQt (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for In the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall falthfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND page 1 of 2 Bond No: 1033501 law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. TWO WITNESSES: Wayne's Ro fi ,Inc. PRINCIPA ( prr principal's name above) BY: TITLE: r�- DATE: f = a DATE: '1"1f_�• � � CORPORATE SEAL' , PRINT NAME DATE; r 1 `1`1 i The Hanover Insurance Company SURETY CORPORATE SEAL: ICbger Kaltenbach DATE: Y rJ TITLE: Attorney-in-Fact ADDRESS: 2233 112th Avenue NE Bellevue,WA 98004 CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the said Corporation; that I know his signature thereto Is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of Its governing body. SECRETA Y—OR A5SISTkNT SECRETARY Pr\CIVII\"M.NContracd;P leasas\NentNetContraN-IMAU\PnnHCWOr Morae0an4\Pay.e tPedol .a cEond.doe PAYMENT AND PERFORMANCE BOND Page 2 of 2 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESEPRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA}corporation organized and existing under the laws of the State of Michigan,do hereby constitute and appoint Jill A.Boyle,Deanna M.French Scott Fisher, Elizabeth R. Hahn, Susan B.Larson,Jana M.Roy, Scott McGilvray,Ellen Bell,Mindee L.Rankin,Ronald J. Lange,John R.Claeys and/or Roger Kaltenbach of Parker Smith&Feek Inc.in Bellevue,WA and each is a true and lawful Attorney(s)in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its Roland deed any place within the United States, or,if the following line be filled in, only within the area therein designatedny and all bonds,recognizances, undertakings,contracts of indemnity or other writings obligatory in the nature thereof, as ftdws: Any such obligations in the United States, not to exceed Ten Million and Noll 00($10,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)n-fact may lawfully do in the premises by woe of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Compnes which resolutions are still in effect: 'RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as its acts,to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances, contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in4act shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company In their own proper persons.'(Adopted October 7, 1981 -The Hanover Insurance Company;Adopted April 14, 1982- Massachusetts Bay Insurance Company;Adopted September 7,2001-Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OFAMERICA havecaused these presents to be sealed with their respective corporate seals,dul)attested bytwo Vice Presidents, this 10th day ofJuly 2014. THE HANOVER INSURANCE COMPANY ,xw""""cpw MASSACHUSETTS BAY INSURANCE COMPANY i�" + ra CITIZENS SURANCE POMPANYOFAMERICA REAL ff 7�M1 � —___- V Robert Thomas,Vice President �_ tl THE COMMONWEALTH OF MASSACHUSETTS ) ,foe rensl icy Presiden t COUNTY OF WORCESTER )ss. rom, On this 10th day of July 2014 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,tome personally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations- w BARBARAA.GARLICK ," Notary Public ® 1fye Ces-en£xjv§i5eq.21929It 88 �GC /' ( '�".. 4rF®dcrwi"— • Barbara A. Garlick Notary Public My Commission ExpiresSeptember 21,2018 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. 'RESOLVED,That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or any Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile.' (Adopted October 7,1981-The Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September7,2001-Citizens Insurance Companyof America) GIVEN under ny hand and the seals of said Companies, at Worcester,Massachusetts,this ``'7. day of t ei�t `t` 2015. THE HANOVER INSURANCE COMPANY MA SA HUSETT BAY 15'h RA CE COMPANY C1T EN IISU ICE I OF AMERICA ft J. h I em,Vice es nt Business Licensing Selvice:License Query Search Page 1 of 1 • Contact cr • Forms . Fbmrt us hm. • Start your 6s!ness • Chang ec update_your his Tess nfprma[o_� • flow to r.;ncdr your ic nse Search Business Licenses License Information: Entity Name: WAYNE'S ROOFING,INC. Business Name: WAYNE'S ROOFING,INC. License Type: Washington State Business entity Yype" Profit Corporation New Search UIBI: 600178144 Business ID:001 Location ID:0001 Status: To check the status of this company,go to Secnetary of State and Department of Revenue. Location Address: Mailing Address: 13105 HOUSTON RD E 13105 HOUSTON RD E SUMNER,WA,98390-9208 SUMNER,WA,98390-9208 Status Expires First Issued Licenses Held at this location Beli nchain General Business Active 02/15/2013 Benn_y_Lake Ceneral Busress Acbvn 11/30/2015 01/06/2007 Buckley General Business ASivE 11/30/2015 07/21/2010 Chide H18 General Business Active 11/30/2015 02/25/2013 Co,inoton General Basin=_ Active 11/30/2015 04/11/2005 DuPont General Businass Acrive 11/30/2015 10/28/2010 EatonvFle Generai License Arulle 11/30/2015 07/23/2012 , umciaw Genero,Busn� ,s Aciuve 11/30/2015 07/10/2012 F,fa Gsc al Business A, Ive 11/30/2015 12/18/2014 Fir rc er t General Business Artive 11/30/2015 08/10/2009 Fla Hart:9r Gel emi Business_ A=Ive 11/30/2015 03/01/2013 [ssauuah Gene y'Business Active 11/30/2015 09/09/2006 '4arvsville General Business Artive 11/30/2015 08/02/2013 PA' or Work Perri P"tile 11/30/201S 04/30/2012 r"1Scr d b nc—di Business tive 11/30/2015 06/30/2014 Olympia C n ral Bu_Jess A ftive 11/30/2015 09/27/2010 'cr Orchard Ceneral BusiCgss Active 11/30/2015 05/04/2010 Port Towns=_nd Genera!Business Activs 11/30/2015 07/16/2013 Poulsho Generai Business Act"1c 11/30/2015 02/03/2010 _ Shoreilre General Business A,-,_t!ve 11/30/2015 04/06/2010 Su rarer Generai Bualn�ss Active 11/30/2015 01/01/2002 Tunm,ater General F nmess Artive 11/30/2015 08/23/1989 University Place General Busipass Active 11/30/2015 02/13/2008 Gov_e_rning Petlple_ DONALD GUTHRIE KITH WETHERBEE RODNEY A WETHERBEE Information Current as of 08/10/2015 8:43AM Pacific Time New Search This site is limited to searching for business licenses Issued through the Washington State Business Licensing Service. • Contact us or-,, A6cut_Us Privacy ©2011 Washin ton State Department of Revenue and its licensors.All rights reserved. http://bls.dor.wa.gov/LicenseSearch/lgsLicenseDetail.aspx?Ref1D=1482368 8/11/2015 i Kent City Council Meeting Minutes 3rd Avenue N. Project, to Miles Resources, LLC in the amount of $237,889,00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Council President Ralph. Motion carried 6-0. Mayor Cooke congratulated the North Park Neighborhood Council who kept the pressure on the City to have this project started. C.Traffic Control System Traffic Signal Display Modifications Project - Award Tim LaPorte, Public Works Director communicated that this project consists of traffic signal display modifications at approximately nine intersections within the downtown core area of Kent. This project will be to display flashing yellow arrows for permissive left turn movements. He noted that the project is fully funded by a federal grant (Highway Safety Improvement Program) and West Coast Signal was the lowest bidder. Councilmember Higgins moved to award the Traffic Control System Traffic Signal Display Modifications Project to West Coast Signal, Inc. in the amount of $105,425.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Public Works Director, seconded by Councilmember Fincher. Motion carried 6- 0. D. Kent Commons Re-roofing Project - Award. Jeff Watling, Parks and Recreation Director highlighted this project. He noted that there were four bids and Wayne's Roofing is the lowest bidder. Councilmember Ranniger moved to award the Kent Commons Re-roofing Project to Wayne's Roofing, Inc. in the amount of $521,220.00 and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the City Attorney and Parks Director, seconded by Councilmember Higgins. Motion carried 6-0. REPORTS FROM STANDING COMMITTEES, STAFF AND SPECIAL COMMITTEES A, Council President. - Council President Ralph noted that there was a presentation from King County Metro concerning their long-range plan at tonight's workshop. She stated that they are looking at their services and are working with Sound Transit to ensure the process is regional. The second workshop discussion was on fireworks and a decision was made to have an advisory measure placed on the November ballot. She stated there will be a tentative special Council meeting next Tuesday at 5:30 p.m. B. Mayor. - Mayor Cooke thanked the City's elected officials in the legislature for their work in securing the funding for capital projects here in Kent. She mentioned the funding for the Lake Meridian dock, the possible integration and building of a Kent YMCA, and a bicycle connector trail to the interurban Trail on 228th. She discussed Governor Inslee's carbon tax proposal. 6 PARKS, RECREATION AND COMMUNITY SERVICES s Jeff Watling, Director KENT eext�p Phone: 253-856 510D Fax: 253-856-6050 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: July 21, 2015 TO: Mayor Cooke and Kent City Council FROM: Jeff Watling, Parks, Recreation and Community Services Director RE: Kent Commons Re-roofing Project - Award The bid opening for the Kent Commons Re-roofing Project was held on Tuesday, June 30, 2015 with four bids received. The lowest responsible and responsive bid was submitted by Wayne's Roofing, Inc. in the amount of $476,000,00. The Engineer's estimate was approximately $362,500.00, The Parks, Recreation and Community Services Director recommends awarding this project to Wayne's Roofing, Inc. and entering into a public works agreement. Bid Summary (bids do not include WSST) O1. Cobra Building Envelop Contractors, Inc. $506,031.00 02. Queen City Sheet Metal & Roofing $493,990.00 03. Wayne's Roofing, Inc. $476,000.00 04. Nation's Roof NW $544,485.15 REQUEST FOR MAYOR'S SIGNATURE ® Please fill in all applicable boxes 1v�jJT Director Reviewed._ Routing Information (ALL_REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT __ Originator: Alex Ackley Phone (Originator): x5081 Date Sent: 08/10/15 Date Re uired: 08/13/15 Return Signed Document to: Nancy Clary Contract Termination Date: 10/12/15 VENDOR NAME: Date Finance Notified: 08/04/15 Wayne's Roofing, Inc. (only required on contracts $10,000 and over or on any Gra DATE OF COUNCIL APPROVAL: 07/21/2015 Date Risk Manager Notified: n/a _ ((Required on Non-City Standard Contracts/Agreements) _ Has this Document been Specifically Account Number: Authorized in the Budget? X YES NO F00208.64850.9473 Brief Explanation of Document: Wayne's Roofing, Inc. shall perform all work necessary to re-roof the existing 26,000 square foot Kent Commons facility. This project is a lifecycle replacement of the metal roofing on the Kent Commons Recreation Center. The original roof was installed in 1978 and no longer provides a watertight seal for the building due to a concealed fastening system that has failed. The contract amount of $521,220.00 including WSST is being funded out of the Facilities Capital Budget. All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) �r Received: r __ Rgv yy s Approval of Law Dept.: Law Dept. Comments: i r l l Date Forwarded to Mayor: Shaded Areas To Be Completed By dmini 3 tion Staff Received: hf„ -1 2 - 3 Recommendations and Comments: CtTYOFKENT CITY CLERK DISpOSItIOn.. td r #tr e mot/` C'• .o-^'d E1l/._u/.'h'' r1 if`'t/B1,J�/"' .r.+t� r .±ter'" a"'` l b Date Returned