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HomeMy WebLinkAboutPD16-356 - Original - Gifford Industries, Inc. - Personnel Lockers - 10/05/2016 w -1 l ri } �£ T .. Imyy . r n91 e KENT Document) WR.HINOTON �F l 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: Gifford Industries Vendor Number: 127569 JD Edwards Number Contract Number: ypl(1t- fir?(Q This is assigned by City Clerk's Office Project Name: Personnel lockers I Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/30/16 Termination Date: 90 days Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Eric Hemmen Department: PD Contract Amount: $25,515.69 Approval Authority: ❑ Department Director ® Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Gifford Industries will provide and install 15 lockers manufactured by DeBourgh Manufacturing in accordance with Quote 16-127 attached and incorporated as Exhibit A. As of: 08/27/14 Corporations: Registration Detail - WA Secretary of State Page 1 of 1 GIFFORD INDUSTRIES,INC. UBI Number 601234584 ',.. Category REG Profit/Nonprofit Profit Active/Inactive ',Active State Of Incorporation I WA WA Filing Date 03/07/1990 Expiration Date j 03/31/2017 I Inactive Date Duration j Perpetual Registered Agent Information Agent Name I I HARVEYWGIFFORD '..Address 190 W DAYTON ST STE 101 City EDMONDS '.. j State WA ZIP 980200000 Special Address Information Address City State li �Zip ,I Govenning Persons ,I Title Name '..Accra. i President Chairman Director GIFFORD,HARVEY 770 NORTHSTREAM LN I II EDMONDS,WA930202637 Vice Presidenl,SecreCary,Treasuer GIFFORD,JANICE ,770 NORTHSTREAM LN j EDMONDS.WA980202637 i https://www.sos.wa.gov/corps/search_detail.aspx?ubi=601234584 10/5/2016 i IT GOODS & SERVICES AGREEMENT between the City of tent and Gifford Industries, Inca THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Gifford Industries, Inc., organized under the laws of the State of Washington, located and doing business at 190 W. Dayton Street, Suite 101, Edmonds, Wa 98020 Tom Hawn 206- 327-4954 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the fallowing services for the City: Gifford Industries will provide and install 15 lockers manufactured by DeBourgh Manufacturing in accordance with Quote 16-127 attached and incorporated as Exhibit A. Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete the work and provide all goods, materlals, and services within 90 days from the date this Agreement is fully signed. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $25,515.69, including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Gifford Industries will be paid by purchase order with 50% of total cost paid on initial signing of this contract and 50% paid within ten days of completion of the project. If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reaspn, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Vendor shall be liable to the City for any GOODS &SERVICES AGREEMENT - I (Over$20,000, Including WSST) additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF"FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,that an amendment is necessary, Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good falth, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor falls to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E;of Section VII, Claims, below. GOODS &SERVICES AGREEMENT- 2 (Over,$20,000, Including WSST) The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting In the way this section provides. An amendment that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, Interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim Is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth In subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETEr 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 Vendor'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 Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed, If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). j E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING GOODS &SERVICES AGREEMENT- 3 (over$20,000, Including WSST) i i i FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not. be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. X. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relqtes. Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. GOODS &SERVICES AGREEMENT- 4 (Over$20,000, including WSS7) XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIV. MXSCELLANE0US 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 Tor any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process, In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XI of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as 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 Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H, Compliance with Laws, The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h Public Records Act, The Vendor acknowledges that the City is a public agency subject to the Public Records Act codiflea in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may GOODS&SERVICES AGREEMENT - 5 (Over$20,000, including WSST) 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 Vendor 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. 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. VENDOR: CITY OF KENT: By: (slgna re) (signature) Print me ✓ I� 4w Print/Nar e- Suzette Cooke Its FP 1, a ` Mayor tit DATE: L -Z,!Dr16 DATE: V NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Tom Hawn Assistant Chief Eric Hemmen Gifford Industries City of Kent Police Department 190 W. Dayton Street 220 Fourth Avenue South Suite 101 Kent, WA 98032 Edmonds, Wa 98020 206-327-4954 (telephone) (253) 253-856-5837 (telephone) 253 253-856-6800 facsimile APPROVED AS TO=FORM Kent Law Department (in mb field,you may wW the a Wcjnol Relepem when me mnmod has been laved] Lcu.�.c�v �"�►'vT�� i Notary Public State of Washington CAITLIN ERIN DURNEY MY COMMISSION EXPIRES FEBRUARY 8,2020 t4 n, t GOODS &SERVICES AGREEMENT - 6 (Over$20,000, Including WSST) I 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: i 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 bIt ee to fulfi t ive requirements referenced above. By: Notauftblllc For: Q'f(�, J.--/,� 7,k State of Washin ton �,� �' CAITLIN ERIN DURNEY Title: / MY COMMISSION EXPIRES FE9RUARY 8,2020 Date: EEO COMPLIANCE DOCUMENTS - 1 of 3 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. � I EEO COMPLIANCE DOCUMENTS - 2 of 3 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 Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Dater i II EEO COMPLIANCE DOCUMENTS - 3 of 3 EXFIIBT7' A ► ® , IFF T7ie Gym People Tt); Dato-'9,21/2016 Kent PolicePePar(ment sal B Tom&Bneniawti 220Fourfh Ave S:,Kent,WA 98032 Propo y Anti F.ttcHemmei% : . ,., 20t 327 49S4 I F7 ty P Du erg el Lockers PROPOSAL FOR: 7Heavy I (quote # 16-127, Section 10 5113 —Metal Lockers It is our pleasure to submit our quotation to furnish materials as follows: Performance Specifications for ... 105113 -Equipment by DeBourgh Manufacturing- V Responder,Heavy Duty Personnel Locker. (15)Lockers, Overall size: 24"x34"xW ; base drawer,with hardwood maple bench Top unit: 24"W x 24"D x 72"H; Drawer base: 24"W x 34"D x 17"H Solid sides&backs with bridges (4"OC) for configuring interior components Formed doors, piano hinge, back panel pegboard stiffeners and cremone(welded at pivots points) 3 point latching(not stainable). Flat top w/adjustable venting system and number tags Finish is baked pure TGIC polyester powder coat with a minimum 2-3 mil thickness Warranty: Limited, Lifetime Warranty Accessories Components for 1't Responder Locker—As Specified Adjustable Shelves (2); one with clothes rod and hooks Adjustable Storage Bins (2);Unbreakable Mirror, Magnetic Lower Drawing Body Armor Drying Rack HVAC: Equipped with mechanical air extraction capabilities, with adjustable air balancing capabilities. Section 105113, Base price,delivered: $21,693.00 Installation at Standard Labor Rates: 1,609.00 Grand Total: $ 23,302.00 ** i * If Local Prevailing Wages Rates are required,Add $ 375.00 ** Plus State and Local Sales Tax i 190 W. Dayton Street,Suite#101 e Edmonds,WA 98020• Ph:425-771.5200 9 Fax: 425-771-6221 www.giffordwoodfloors.com a E-mail: giffordindustries@hotmail.com EXHIBIT A 2 Gifford Industries Notes: ® Quoted prices held for 30 days. ® Submittal drawings after receipt of purchase order. ® Shipping, unload, distribution and installation of lockers all included. a DeBourgh's standard door with cremone 3-paint latching is not slamable. ® Locker ventilation accomplished through top, with adjustable baffles. ® Lead time: 6-8 weeks after submittal drawings are approved. General Exclusions:.. ® Offsite storage of our products. a Mechanical rough-ins, conduit, wiring, devices and connections. ® Cost of all performance and payment bonds. ® Removal, relocation, or reinstallation of existing equipment unless specifically noted above. General Qualifications: ® 50% security deposit with purchase order. ® Remaining payment due within 10 days of delivery of lockers. ® No additional work will be processed without written authorization. Scope of work and pricing wilt be agreed upon at that time. ® Acceptance of this quote after 30 days will require a re-quote or approval by Gifford Industries. ® Quote based on quantities shown; pricing is subject to change if quantities differ. ® Quote does not include additional handling and storage of products at our warehouse. If the product needs to be handled and stored at the Gifford Industries warehouse by direction of the client, the client will be charged for the product handling and storage per square foot per week. ® A charge of 1.5% per month will be applied to any invoice not paid within 30 days. General Conditions: ® Limitation of Liability: Buyer shall not be liable in any event on any legal theory to Seller for costs or damages in excess of the total purchase price, as adjusted by mutual written agreement, or for lost profits on any kind. r i 190 W.Dayton Street,Suite#101 e Edmonds, WA 98020® Ph:425.771-5200 e Fax:425.771.5221 www.giffordwoodfloors.com ® E-mail: giffordindustries@hotmail.com I fr- DeBourgh's paint finishes are the highest quality in the industry. We =o. apply 2 to 3 mil of cured thickness, more than any other manufacturer. That thicker finish equates to a more durable product for you! At DeBourgh, we deliver what we promise, products that are built to last! Cool White Latte Desert Beige Ash Gray Smoke Juniperr Green Isle Maroon Peaks Milk Chocolate Storm Gray I i Citrus Yellow Goldenrod Royal Blue Cadet Blue Navy Blue Code Red Cardinal Red Pumpkin Sunset Oranye Purple Fig Jet Muck Hammer Red Hammer Blue Hammer Black Hammer i Fik99°Bhe5 :: Powdercoatwith 2-3 mil cured thickness �a a�9 frt�4 �1Br• �o�eVr�n P tiY� � �> '{t'k'� } p � � [ � iltJ Jt � �R 9 tel rh �ll if os�dy�°'+?t�t'y �kj tt!sff � 1 ;;�*e j�`yttt3t� d �• i�§7 .�,t?' f f y sx� :� r .-;�. t� k f h y c e�:. a r x �5 1 r "ott{ i x � o • o DeBourgh is a certified HUBZone manufacturer! I i i EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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 additional 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. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 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 EXHIBIT (Continued) 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 i 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. A�Zo CERTIFICATE OF LIABILITY INSURANCE 09/3012016Y' 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 POUCIES 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 eortificato holder Is an ADDITIONAL INSURED,the policy(Io")must he endorsed. II SUBROGATION IS WAIVED,subject to tha ffirms and conditions of the policy. certain policies may mqulle an endoisamast. A statement on this cortifleate does not confer rights to the wdificate holder in Ilou of ouch ondorsomant(s). COATAOI PRODUCER HILL57RpM INSURANCE AGENCY, INC. spa EER201�53�472a ---- -cFAX we,Nohzos-as54s2t PO BOX 33488 P "E l pvc RaIrFarm SHORELINE, WA 98133 ADDREss ERIN PFIILt6LLSTROM COM _ .INSURERLSf AFFUNWNG COVERAGE NAICp _ INSURER Stale Paon Fire and Casa lly Company 26143- _ INSURED GIFFORD INDUSTRIES, INC. 1-NSuRSR11 State_Farm Mutual AutomohlelnsuranceCompany___ T__zfilvs 190 W. CAYTON STREET, SUITE 101 I EDMONDS, WA 98020 INSURERD;. INSUREge:. _..-. 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 INDICATE[. NOTWTHSTAND•ING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT Oil 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, LXCLUSiONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOVVN MAY HAVE BEEN REDUCED BY PAID CLAIMS. plopa us POLICY EiF POUCT EI4' Lrp TYPE DP Tr=INSURANCE POLICY UMBER MM,OOiYYYY I(mPM/ YY LIMITS A 95NERALUARJUtY Y Y i` FACHC�-CURPENUF s 1,110U,000 1cCMMERNAL GENERAL LIAOIUTY g6.B3S232.1 1 1WIV2013 17112P2Di6 DAMAGETOT1tAf7r0—" �CIAl UELMAM X OCCUR MOD CXP(ABy uiw pert I S 5.00 REPLACED 98-BV-FOSE-6 12M212014 12r1&2DI5 09Ad)b9 AADVINIUVY 1 1,000.0w X WA Stop Gap tndudbd CtNERALACGRECATE D 7 OW UM C FNLAC,f4F,OAie LIMIT APW.IFS PFk' PRODUCTS COMPIDPAGG 1 2,00e,900 IvuCY X I PRO. L(N: LIWII S L. B AUIOMDBILS IJABI41Tv Y Y 199.1632•F2947B 0 612 9 12 01E OW2912017 „iF9 aHc.I�"ce°t Y ANYAt110 380703"0947 D210a12016 02MM017 000ILY NIURY IPV F, l i 1000,000 'll AA IJ/�I,-Etl SCHEDULE) 9U(NCV NJURY IPaa'rJowrl 1 1,000.000 AUt6S �AII/1fUS 376-0512-F24-47 12/24f2015 171241201a - - ------- MON "1NED PR)"'RrY OAMAGF _- - - HIRFOAur49 AMOS 3760611-E26.47 OVOV2016 0512612D17 .Tar a.>cne(nl .C__ 1,DoD.OD] A, }(.;UMaRELLA UAaI Y. OCCUR Y Y TEACH O:. UE?r CNCC 5 S,OlN,C9D ' 98-CD.Z795-6 (0716112G'le 0710112a17 X 1 EXCESSLIAe UTAIMS,IAUE AC'GnEGATi I -_ 5,000,000 nF,- x HETFNTIONS 0 S I wovili RS COMPENSATION lnNY i hl fy� FT" AND EMPLOYERS'UABIUTY r ry '— ANY PROPHIEfURPARTNERrXECUIIVE V(� N f A ll F L FM H ACOOFN1 041CF%IEMMA VXQL UMM I—f u - _—_ — imarxIMMhNRI FL Ie.FASF rAHMPLI)Y'h d S_. dycsdewr➢e OFn F.L CSF.A$E-PUIICY LIMN 1 p FNIw;n LIRdNeaCab'lun y��� i, tm,ccDllniri"'N"oo�'Iuynld Pivfpssi);IN UAENN u 9a-B3-S232-1 F 12/12/2015 12/12M016 NA DESCRIPYION OF OPERATIONS!LOCATIONS)YEHICLE4 IAtIKh AC n101,ADCAIUA lRwlu%e Se1,d W,Nmac nwx Is mRwnl) CITY OF KENT FOR THE PRCUECT;KENT POLICE DEPARTMENT 220 4TH AVENUE SOUTH KENT,WA98032 CERTIFICATE HOLDER CANCELLATION i CITY OF KENT FOR THE PROJECT: KENT POLICE SHOULD ANY OF THS ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN DEPARTMENT ACCORDANCE WI7HTHE POLiCYP VISIONS. 220 4TH AVENUE SOUTH ADTtFO Eb PRESENTATIVE (d 1988-2 0 ACO ORP RA ION, All rights reserved. ACORD 25(2010 06) The ACORD name and logo are registered marks of 1001486 132849.8 01.23.2013 CMP-4870 Page 1 of 1 THIS ENDORSEMENT CIIANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4870 ADDITIONAL INSURED—PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: BUSINF.SSOWNERS COVERAGE FORM SCHEDULE Policy Number: 98-B3-S232-1 Named Insured: GIFFORD INDUSTRIES,INC. Name and Address of Additional Insured Person or Organization: CITY OF KENT FOR THE PROJECT: Kent Police Department 220 41'Avenue South Kent,WA 98032 This endorsement provides for completed and ongoing operations. Any coverage carried by the Additional Insureds named above is Non-Contributory. Waiver of Subrogation in favor of said Additional Insureds shall apply. Per project Aggregate limits of$2,000,000 apply. The insurance afforded the additional insured shown in the Schedule shall be primary insurance. Any insurance carried by the additional insured shall be noncontributory with respect to coverage provided by you. All other policy provisions apply. i i CMP-4787 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4787 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Policy Number: 98-B3-S232-1 Named Insured:Gifford Industries, Inc. I'� i Name of Person or Organization: "CITY OF KENT and their Owners, Directors, Officers, Officials and Employees are added as Additional Insureds,to this policy,to include completed operations coverage, per attached endorsement as their interest applies to work being performed at: KENT POLICE DEPARTMENT 220 4TH AVENUE SOUTH KENT,WA 98032" (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The following is added to Paragraph 30.b of SECTION I AND SECTION II-COMMON POLICY CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of: a. Your ongoing operations;or b. "Your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply, CMP-4787 Copyright,State Farm Mutual Automobile Insurance Company,2008 Includes copyrighted material of Insurance Services Office,Inc.,with its permission I REQUEST AYE ` SIGNATURE Rowing Information: ..(ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Approved by Director Originator: Eric Hemmen Phone (Originator): 5837 Date Sent: 10/4/16 Date Required: 10/5/16 Return Signed Document to: Contract Termination Date: Jaime 90 days VENDOR NAME: Date Finance Notified:Gifford Industries (only required on contracts 1 ®r4J 1 20 000 and over oron an Grant DATE OF COUNCIL APPROVAL: N a Date Risk Manager Notified: 10/4/16 (Required on Non-City Standard Contracts/Agreements) Has this Document been Spec if'call Account Number: 16010036.63500.3261 Authorized in the Bud et? a YES NO Brief Explanation of Document: Gifford Industries will provide and install 15 lockers manufactured by DeBourgh Manufacturing in accordance with Quote 16 127 attached and incorporated as Exhibit A. There is a need for personnel lockers in the new SIU/NRT area due to the fact that there is no more room in the locker room at the station and we need to clear out their lockers for new hires. ` All Contracts Must Be Routed Through The Law Department .4'1�1� 9("t<kij'r,�-ae tg`'YigS, op(jiie fiby'r he .aw Department) l Received: Approval of Law Dept.. Law Dept. Comments: Date Forwarded to.Mayor: Shaded T� 9ah Administration Staff Received: Recommendations and Comments: _ ``."�,raw P...c-� ;,�;�`! "..S-i"�•'�(�,� �"�i,�.f„'6A.�'r.F.?�,'�,• i '' Disposition: Date Returned: vxi� msro r rr sra.=w.ror rnarwzssoamre eov