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Home My WebLink AboutPK16-390 - Original - Bill's Roofing - Roof Replacement #1935 - 10/04/2016 ® Recordsgnas , x 184 KENT - Document W I.9XIPOTOM �f�� 3��kFC CONTRACT COVER SHEET C:l1w` i1'=14i 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: 5M'S ?- DfinCA Vendor Number: 352616 JD Edwards Number Contract Number: N-1 U ' This is assigned by City Clerk's Office 1- R Project Name: e. G1.GP�ime t _ (��5 Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment p'Contract ❑ Other: Contract Effective Date: ( DI 201 ((p Termination Date: I I 3 ` (0 _ Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Dawe 1 Contract Manager: -Kah1rMCK Department: ?QVI-S- tALth-aV1 SMY US Contract Amount: Approval Authority: [`Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): 3526 S 26%m st Y-ellt, W N MD32 As of: 08/27/14 KENT wi BID TABULATION FORM KENT HOME REPAIR CITY OF KENT, WASHINGTON PROJECT NAME: Frank, Boucher DATE DUE 8/15/2016 TIME DUE:4:00 p.m. Bidder: Total Lump Sum Bid: NW Roof Service 253-859-0903 253-850-3580 fax Faxed ��(( Emailed___L.� Bills Roofing 253-846-0833 � 253-846-1151 fax Faxed Emailed _✓ Armstrong Roofing 253-383-8088 253-320-7498 Fax Faxed Emailed r/ _ P ESTIMATE: $7500.00 i h CITY OF KENT KING COUNTY, WASHINGTON BIDDER'S PACKET FOR KENT HOME REPAIR 253-856-5065 253-856-6070 FAX BID DUE: 8/15/2016 AT KENT CITY HALL HOUSING & HUMAN SERVICES 220 4TH AVENUE SOUTH KENT, WASHINGTON 98032 Darrel Hammack Home Repair Field Supervisor i KENT WASHINGTON I Frank, Boucher 3526 S 263rd ST Kent, WA 98032 Phone: 253-981-3042 Request for Roofing Bid Bids Due: 8/15/2016 by 4:00 pm Bids may be submitted via Fax: (253) 856-6070 Email: Dhammack(akentwa.gov Mail: Kent Housing & Human Services Attn: Home Repair 220 4tn Avenue South Kent, Washington 98032 Contact: Darrel Hammack (253) 856-5065 Scope of Work: Provide all labor materials and required permits to tear of and replace asphalt shingle roof. Clean grounds and remove all debris from residence. Bids are to be submitted at prevailing wage rates. Time of Completion: Work to be completed within two weeks after issuance of City's Notice to Proceed. Small Works Roster: Successful bidder must have a registered account with MRSC Small Public Works Roster with City of Kent listed on account. Please visit www.mrscrosters.org or call (206) 436-3798 to check account information or for questions about MRSC registration. Insurance: Successful bidder must provide a Certificate of Insurance for this project and a separate endorsement naming the City of Kent as additional insured as described in Exhibit B of the contract documents (sample attached). Warranty: Include complete service/product warranty description Vendor Set up: Please fill out the attached Vendor Set-up Form only if this is your first time working with the City of Kent or if you have had a change in information since last registering. k- I BASE BID 1. Materials $ eD q, COO 2. Labor $ 3. Washington State Sales Tax (9.5%) $ 4. Permit $ TOTAL LUMP SUM BID $// !�! ,�= 0.00 Submitted by: (Company Name): Contact Person: Business Address: Phone: Fax: Signature: Direct all Inquires to: Kent Housing & Services Home Repair Attention: Darrel Hammack, Home Repair Field Supervisor 220 4ch Avenue South, Suite #422 Kent, Washington 98032-5895 (253) 856-5065; Fax: (253) 856-6070 No. 016-586 Northwest Roof (Service, Inc. Page 1-1 801 Central Ave N • Kent, WA 98032 Seattle Bellevue South King County Tacoma Western WA 206,624.1102 425.454.2079 253.859.0903 253.627.1567 1.800.244,4705 FAX:253.850.3580 Email:merler(a)nwroof.com wwwarwroof.com Merle Reeder ROOFING PROPOSAL&SALES AGREEMENT August 15,2016 Salesman Contractors Registration No.NORTIFRS088DW Date Proposal Submitted To Work To Be Performed At Name City of Kent Home Repair Name Frank Boucher Street 220 Fourth Ave.S. Street 3526 S.263ra St. City/State/Zip Kent,WA 98032 City/State/Zip Kent,WA 98032 Contact Person Darrel Hammack Contact Person Frank Telephone /Cell 253-856-5065/253-856-5079 Telephone /Cell 253-981-3042 Fax / e-mail dhammack@kentwa.gov Fax / e-mail GfimOl msn.com Bid For: Tear off existing and install new!animate shingles 1. Tear off existing roof system down to decking&dispose of at a proper facility.-Remove satellite dish 2. Remove and replace any damaged or rotten plywood with ''/z"cdx plywood at an additional$85.00 per sheet installed. 3. Remove any damaged or rotten fascia or rake boards at an additional$9.00 per lineal foot installed. 4. Install30h Safeguard Synthetic Felt for underlayment over plywood 5. Install new 26guage,baked on enamel, 1"x 3"cave starter metal at all eaves(brown,black,white). 6. Install new 26guage, baked on enamel,2"drip metal on all rakes(brown,black,white). 7. Install new valley metal in both valleys 8. Install new metal flapper vents at kitchen and bath fans as necessary(New insulated flex pipe installed in attic extra). 9. Install new"no-caulk"flashings to all plumbing pipes.-Re-use existing gas pipe vent flashing 10. Install new flashing around electrical weathenccad 11. Remove and replace(4)vents and add(3)additional vents with new RV038 metal vents. 12. Install new flashing and counter flashing around chimney 13. Install new Owens Corning laminate shingles over underlayment at 5 5/8"weather exposure(all roornk to be nailed, not stapled) 14. Install pre-manufactured hip&ridge shingles to all hips and ridges as needed. (Color to match product chosen). 15. On a daily basis,all debris generated by N W RS will be cleaned up and/or organized in a prompt, discreet,&professional manner. Note: Any additional work not outlined above will be at additional charges of$65 per man hour plus materials Product Options: Investment Cost (Price Valid For 30 Days) Workmanship Warranty Manufacturers Warranty Owens Corning Oakridge $9,529.00 Plus permit&sales tax Five YR Limited YR Lifetime Please choose color: At such time as the contract price has been paid in fill[,this roof will be guaranteed in writing against leaks due to poor workmanship and defective materials from the date of completion,See options above. Conditions of Sale it is mutually agreed behveen buyer and contractor that the information listed herein represents an order to purchase the described products and services. Acceptance t of this order by NORTHWEST ROOF SERVICE,INC.shall complete this Agreement. No verbal statements or other agreements shall change any part ofthis contract. Title to the described products passes to buyer when products are installed at the address shown on this contract or delivered to the Inverter self use. Each person signing this contract signs as a principal on behalf of the named parties and himself,personally. This order is payable when NORTHWEST ROOF SERVICE, INC.determines that the installation or product shipment has been completed. Should the work be in progress more than thirty(30)days,a monthly invoice shall be mailed on the first of the month for work completed to date.The contract price includes a 5%cash/check discount,Buyer agrees to make payment within ten(10)days of each invoice date. if payment is not timely made,contractor may,at its discretion,cease working on the job until payment is made. After ten(10)days from the invoice date,the account becomes past due and is subject to 1-1/2%per month late charges for business and commercial work and 1%per month for residential work from the date of die invoice. In the event a past due amount is referred to attorneys for collection,the contractor shall receive attorney's fees,court costs and expert witness fees in addition to any amounts due on the past due account. Both parties consent tojurisdietion and venue of the courts(if King County,Washington. Transportation charges are included in the final sales price unless specifically noted in this Agreement. All payments shall be made to NORTHWEST ROOF SERVICE,INC.,801 Central Ave N,Kent,Washington 99032,or such address us shall be designated by NORTHWEST ROOF SERVICE,INC. In addition the buyer agrees to read the contractors disclosure and disclaimer on the reverse side of page one of this proposal and agrees to the terms and conditions listed herein Buyers Approval Date NRS,INC.Supervisor's Approval WA Contractor Reg # - - i BILLSR7930K3 Bonded and Insured Bill Lawson,Owner BBB- tta[ocro 1 I316 2101'Street East, Graham,WA 98338 Puyallup/Graham(253) 846.0833 o Tacoma (253)565-2362 South King County(253) 833-8845 ®Olympia(360)943-7083 Toll Free1-(888)-840-0833 .Fax(253)846-1151 Email:billsrooting@comcast.net Date August 18,2016 Estimate submitted to: Work to be performed at: Frank Boucher 3526 S.263'd-St. -- ' Ken! Wa.98032 GfimOl�rilmsn.cmn - 253 9573042 a Bills Roofing,Inc.will provide the following services: Remove existing one layer of old roofing material and properly dispose Inspect and replace any bad plywood @$45.00 per sheet as needed Install 15#Saturated Asphalt Felt Paper according to manufacturer's specifications Install drip metal on all rake edges Install 30 year/Lifetime Laminated Asphalt Shingles according to manufacturer's specifications Product /Color: Shingle products to be nailed with electro-galvanized roofing nails according to manufacturer's specifications Install new pipe flashings on aII vent pipes Install any functional vents (IE.kitchen,bathroom) Securely flash chimney with 26 gauge metal 1 Install new attic exhaust vents-or- Install Lomanco,baffled ridge vent on horizontal peeks @$350.00 additional,house only, initial Install new ridge shingles Clean roof,grounds, and gutters of excess materials and debris/run magnet for stray nails Price $3880.00 a I•ax $ 834,72 li Total $9714.72 Permit` 200,00 { Total $99144,72 (plus applicable sales tax) �) 7 year workmanship warranty Thankyou Frank! Bills Roofing was rated 100%in the 2014 KOMO poll of the top 49 Roofing Contractors in King and Pierce County and maintains an A+rating with BBB,Angie's List Check Book,and Ul.. All material is guaranteed to be as specified.Bill's Roofing,Inc.will not be responsible for any damages to the interior or exterior due to vibrations during constructions,i.e,dust/debris between tongue and groove boards,light fixtures and hung items not properly fastened, 88 etc.Any unauthorized activity on roof or non-payment in full voids all warranties. F Credit card payments are accepted with a 2%finance fee.After(10) days from invoice date,the account becomes past due and is subject to a I.S%per month finance charge, Customer agrees to pay all attorneys'fees and costs in the events of any need for collections Authorized Signature_- . Date: ij j BASE BID 1. Materials $ 2. Labor $ 3. Washington State Sales Tax (9.5%) $ r 4. Permit $ , TOTAL LUMP SUM BID ^ $ ILI Submitted by: (Company Name): Contact Person: , .' � GL e�� !�! GG�_5 Business Address: � � �f - �� r i Phone: oC — � ��' Fax: Signature: Direct all Inquires to: Kent Housing & Services Home Repair Attention: Darrel Hammack, Home Repair Field Supervisor 220 4ih Avenue South, Suite #422 Kent, Washington 98032-5895 (253) 856-5065; Fax: (253) 856-6070 Frank, Boucher 3526 S 263rd ST Kent, WA 98032 Phone: 253-881-3042 f Request for Roofing Bid Bids Due: 8/15/2016 by 4:00 anE Bids may be submitted via Fax: (253) 856-6070 Email: Dhammacknkentwagov MaiL Kent Housing & Human Services Attn: Home Repair 220 4 h Avenue South Kent, Washington 98032 Contact: Darrel Hammack (253) 856-5065 Scope of Work: Provide all labor materials and required permits to tear of and replace asphalt shingle roof. Clean grounds and remove all debris from residence. Bids are to be submitted at prevailing wage rates, Time of Completion: Work to be completed within two weeks after issuance of City's Notice to Proceed. Small Works Roster: Successful bidder must have a registered account with MRSC Small Public Works Roster with City of Kent listed on account. Please visit www mrscrosters org or call (206) 436-3798 to check account information or for questions about MRSC registration. Insurance. Successful bidder must provide a Certificate of Insurance for this ro'ect and a separate endorsement naming the City of Kent as additional insured as described in Exhibit B of the contract documents (sample attached). Warranty: Include complete service/product warranty description Vendor Set up: Please fill out the attached Vendor Set-up Form only if this is your first time working with the City of Kent or if you have had a change in information since last registering. 4= CITY OF KENT HOUSING AND HUMAN SERVICES HOME REPAIR PROGRAM Merina Hanson NOTICE TO PROCEED Housing and Human Services Manager DATE: 10/17/2016 220 4th Avenue South ate' 0 Kent, WA 98032 ENT Fax: 253-856-6070 W neHiuoiou PHONE: 253-856-5070 Homeowner: Frank Boucher Home Phone # 253-981-3042 Address: 25320 144" PL SE Kent, WA 98032 To Contractor: Bills Roofing 11316 211 Street East Graham, WA 98338 You are hereby authorized to proceed with the work described in your bid proposal and Construction Contract dated8/18/2016 for the above referenced project. Please contact the homeowner within five (5) working days of the date of this Notice to Proceed to arrange for commencement of the work and notify (by j phone at 253-856-5065 is acceptable) the Kent Housing & Human Services - Home Repair Field Supervisor of your intended start-work date. Copies of any applicable permits necessary for completion must be received prior to initiation of work. Work must commence within fifteen (15) working days of the date of this Notice to Proceed and must be completed within twenty (20) working days (four (4) calendar weeks) following commencement of work. Following completion of work, contractor shall obtain satisfactory final inspection on any/all required permits and then submit a final invoice for the project to the Kent Housing & Human Services - Home Repair Supervisor. The Notice to Proceed is not valid unless signed by an authorized representative of the City of Kent. Merina Hanson l/17A rn Jo• a0 // Authorized Agent Hunt ervic s Man r Date > Darrel HammackZr Authorized Agent Home Repair Program Supervisor Date C N Y 3 0 MAYOR SUZETTE COOKF. -" - ^""'x'"*"" - • - '� ' '° City of Kent Parks, Recreation &Community Services Jeff Watling, Director KNIT PUBLIC WORKS AGREEMENT between City of (Cent and Bills Roofing THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Bills Roofing organized under the laws of the State of Washington, Pierce County, located and doing business at 11316 216t' St E Graham Wa, 98338 (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: Provide all labor, material, permits and equipment necessary for removal and replacement of existing asphalt composite roofing material. Clean and remove debris from job site. Hall off and dispose of all debris in an acceptable facility. Work will be performed at: 3526 S 263rd St Kent WA 98032 for client Frank Boucher (Client # 1935). 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 14 days uopon recievieng the notice to proceed.. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed 9,400.00, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor the following amounts according to the following schedule: Check from City of Kent Accounts Payable for the sum of $9,400.00 Homeowner will be responsible for $514.72 of the total $9,914.72 bid. A. No Payment and Performance Bond: No Retainage. Because this contract is $20,000 or less, the City has elected to waive both the performance/payment bond requirement of Chapter 39.08 RCW and the retainage requirement of Chapter 60.28 RCW. PUBLIC WORKS AGREEMENT - 1 ($20,000 or Less - OPTIONAL PROCESS) B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. C. Final Payment Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT 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. I, B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. PUBLIC WORKS AGREEMENT - 2 ($20,000 or Less - OPTIONAL PROCESS) i C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below, PUBLIC WORKS AGREEMENT - 3 ($20,000 or Less - OPTIONAL PROCESS) h FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate _ was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment 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 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, PUBLIC WORKS AGREEMENT - 4 ($20,000 or Less - OPTIONAL PROCESS) 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. I 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 j this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. i i PUBLIC WORKS AGREEMENT - 5 ($20,000 or Less - OPTIONAL PROCESS) 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 mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. 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. 1. City Business License Required. Prior to commencing the tasks described in Section 1, 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. i PUBLIC WORKS AGREEMENT - 6 ($20,000 or Less - OPTIONAL PROCESS) r IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: CITY OF KENT: By By '4� � �d'r xr "JI i (signa(am) g��, _ {nature) Print Name: G�w Print Name: Merina Hanson Its 2— Its: Human Services Manager DATE:/—I / �o DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Bill Lawson Darrel Hammack Bills Roofing Dhammack@kentwa.gov 11316 2161h ST E City of Kent Graham, WA 98338 220 Fourth Avenue South Kent, WA 98032 253-846-0833 (telephone) 253-846-1151 (facsimile) (253) 253-856-5079 (telephone) (253) 253-856-6070 (facsimile) [In this neld,you may enter the eleRmnic filepath where the contract has been saved] l ill i PUBLIC WORKS AGREEMENT 7 ($20,000 or Less - OPTIONAL PROCESS) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY i 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. I 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: 2 For: ✓/��5 . Ord �!�i . C . Title: 'Ice— Date: y 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. I 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 61/S ��® �/ , C 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 —aO/ ' (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: ///✓ s /L C Title: M114- Date: I I EEO COMPLIANCE DOCUMENTS - 3 1 M2016 aboutblank State of Washington Department of Labor & Industries PO Box 44540, Olympia, WA 98504-4540 Payment Receipt Transaction 11 /9/2016 Date Transaction Id 105491034 Project Name Frank Boucher Affidavit Payment Type E-Check ************8448 Amount Billed an,putblank 1/1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Project Detail - Project Dashboard Document Received Date: Intent ID: Affidavit ID: Status: Approved On 9/12/2016 788815 9/19/2016 Company Details Company Name: BILL'S ROOFING INC Address: 11316 216TH ST E GRAHAM, WA, 98338 Contractor Registration No. BILLSRI93OK3 WA UBI Number 602691571 Phone Number 253-846-0833 Industrial Insurance Account ID 98002101 Email Address billsroofing@comcast.net Filed By Lawson, Carrie Prime Contractor Company Name BILL'S ROOFING INC Contractor Registration No. BILLSRI930K3 WA UBI Number 602691571 Phone Number 253-846-0833 Project Information Awarding Agency KENT, CITY OF 220 - 4TH AVE S KENT, WA - 98032-5895 Awarding Agency Contact Darrel Hammack Awarding Agency Contact Phone Number 253-846-5079 Contract Number 1935 Project Name Frank Boucher Contract Amount $9,914.72 Bid due date 8/15/2016 Award Date 9/2/2016 Project Site Address or Directions 3526 S 263rd St Kent, WA 98032 Payment Details Check Number: Transaction Id: 105408751 Intent Details start date: MM-DD-YYYY 10/4/2016 Expected project a ( ) In what county (or counties) will the work be King performed? In what city (or nearest city) will the work be Kent performed? What is the estimated contract amount? OR is this a $9,914.72 time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? I Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY No subcontractors? Does your company intend to hire subcontractors to No perform ALL work? Will your company have employees perform work on Yes this project? Do you intend to use any apprentices? (Apprentices No are considered employees.) How many owner/operators performing work on the 0 project own 30% or more of the company? journey Level Wages County Trade Occupation Wage Fringe Workers King Roofers Journey Level : $46.46 $0.00 8 Public Notes