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HomeMy WebLinkAboutPK16-437 - Original - Dick's Restaurant Supply - Purchase of Walk in Cooler for Kent Jail - 11/28/2016 i 1 1 i I 5 r nt t u KENT 1 ` Document' WA HIHOTON It I 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: Dick's Restaurant Supply Vendor Number: JD Edwards Number Contract Number: ?K,)b •-Li" B This is assigned by City Clerk's Office Project Name: Purchase of Walk in Cooler for Kent Corrections Facility Description: ❑ Interlocal Agreement [:1 Change Order ❑ Amendment XV] Contract El Other: ' Contract Effective Date: 12/16/2016 Termination Date: 12/31/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Clary Department: Parks, Facilities Contract Amount: $14,133.16 _ Approval Authority: (CIRCLE ONE) (Department Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 400 00 KENT GOODS & SERVICES AGREEMENT between the City of (Cent and Dick's Restaurant Supply THIS AGREEMENT Is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Dick's Restaurant Supply organized under the laws of the State of Washington, located and doing business at 4316 NE 78�h Ave, Everett, WA 98201, Jason Walters, 206- 382-0160 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. Vendor shall provide the following goods and materials and/or perform the following services for the City: Dick's Restaurant Supply shall provide, deliver, and set up a new Master-Bilt Walk-In Cooler/Freezer at the City of Kent Corrections facility, 1230 Central Avenue South, Kent, in accordance with Quote dated 09/30/16, which is attached as Exhibit A. i 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, materials, and services by December 31, 2016. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $14,133.16, 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: Vendor shall invoice upon Letter of Acceptance by City of Kent. Invoice Terms: Net 30 Days I 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. GOODS &SERVICES AGREEMENT - 1 ($20,000 or Less, Incl. WSST) 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 reason, 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 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 faith, 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 GOODS & SERVICES AGREEMENT - 2 ($20,000 or Less, Including WSST) i 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. 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 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. r I A. Notice of Claim. Provide a signed written notice of claim that provides the following` Information: j 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 5. 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). i 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 GOODS &SERVICES AGREEMENT - 3 ($20,000 or Less, including WSST) 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 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. , �� The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. Tf the Vendor does not accomplish the corrections within a R 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 relates. i 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. GOODS & SERVICES AGREEMENT - A ($20,000 or Less, Including INSST) 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. 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. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more Instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by 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. i 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. GOODS &SERVICES AGREEMENT - 5 ($20,000 or Less, Including WSST) I. Public Records Act. The Vendor 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,; emalls, and other records prepared or gathered by the Consultant 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 Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. db rrSereJ. C askse d I ����`-``(�'-ICorttraet�r-agrQes-tepre f-a-etrw+°erttett�ef�fEerttbttsit�ess rattt-to-Ehapter-5r01-of � \� the-Kent 4ty @®de. 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. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: By: signature) In 1';,,rfn�{,� Print Name: 1k36� we�kaj t Name: Director Its: Its: Parks, Recreation and Community (21e) - C-�(�f Services DATE: 44 Z�-�` DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Jason Walters Nancy Clary Dick's Restaurant Supply City of Kent 4316 NE 78th Ave 220 Fourth Avenue South Everett, WA 98201 Kent, WA 98032 206 382-0160 (telephone) (253) 856-5084 (telephone) 206 382-0254 (facsimile) (253) 856-6080 (facsimile) GOODS &SERVICES AGREEMENT - 6 ($20,000 or Less, including INSST) 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 below, I agree to fulfill the five requirements referenced above. By; For: c(c �� Title: Date: t Ty EEO COMPLIANCE DOCUMENTS - 1 of 3 4_ 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 contrad,, 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. III i I EEO COMPLIANCE DOCUMENTS - 2 of 3 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 tCclIc j �z L v E41 Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as _�oic�✓ 0, (kJ ta_ that was entered into on the 1 — .�'� �� (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: IVA/I L For. Title: ate/ Date: i i EEO COMPLIANCE DOCUMENTS - 3 of 3 I EXHIBIT dic{�s Quote 09/30/2016 Project: From: Kent City Jail 9-29-16 Dodson-Conklin Group Inc. Ron Meyers 4316 NE 78th Ave. Everett, WA 98201 5035021873 (425)760-0076(Contact) Jab Reference Number:670 Thanks for allowing us the opportunity to quote on your project. Item City Description Sell Sell Total 1 1 ea WALK-IN $5,714.00 $5,714.00 Master-gilt Products Model No,860808-X f Y (QUICK SHIP)Walk-In Cooler or Freezer, 7'-9"x T-9"x 8'-6" high,with 080 textured aluminum floor, 26 gauge acrylic-coated stucco galvanized steel interior&exterior,4"thick pour-type,foamed in place rigid urethane insulation, (1)36"x 78"infitting entrance door (FREE FREIGHT to domestic U.S. locations and select locations in Canada - consult your Master-Bilt sales representative) 1 ea 1 year limited parts and labor warranty,standard 1 ea 4 year extended compressor warranty,standard 1 ea 15 year panel warranty,standard 1 ea Door hinged on right 1 ea Door size 36"x 78" 1 ea Indoor 1 ea Cooler(single phase)temperature is based on cooler box of+35 degree holding(only)temperature with 90 degree ambient at condensing unit, If conditions differ from this criteria, alternate selections are required (contact factory) 1 ea NOTE: FREE FREIGHT on orders that include panels and refrigeration systems. Applies to domestic U.S, locations and select locations in Canada-consult your Master-Bilt sales representative 2 1 ea $3,593.00 $3,593.00 Master-Bllt Products Model No. PHXZ0150BT Ceiling mount packaged refrigeration system, 6,060 BTU, R-1-1/2 HP, defrost amps 10.9,compressor amps 11.4, MCA 17.2,MOP 25 3 1 ea WALK-IN DOOR CANOPY Custom Model No. 830-10415 Door Canopy rain shield for walk-In door 4 lea $151.00 $151.00 Master-Gilt Products Model No.700-KP36R Kickplates for 36"x 78" door, RH hinge, Interior& exterior of door and frame 5 1 ea $433.00 $433.00 Master-Bllt Products Model No. 700-36400 Initial: Kent City Jail 9.29-16 Page 1 of 3 Dodson-Conklin Group Inc. 0913012016 Item City Description sell Sell Total 36" Exterior ramp assembly,4" high 6 1 ea CEILING HOLE Custom Model No. 70035035S Factory opening for large PRS-2 7 lea $165,00 $165.00 Master-Silt Products Model No, 56-00808 Membrane roof package,for TV x T9"walk-in 8 1 ea $97.00 $97.00 Master-Blit Products Model No. 56-00064 Easimount strip curtain for 36"x 78"opening 9 1 ea $254.00 $254.00 Master-Bilt Products Model No. 23-01882 4 ft. Kason LED light fixture 10 1 ea DIFFUSER Custom Model No.05-02061 Defuser for Large PRS-2 unit NL product#120635 11 1 ea INSTALL $1,250.00 <Optional> Polar Bear Mechanical Delivery and Set Up of a Capsule Pak Walk-In at customerjob site. Uncrate and set in place&haul away all of our scrap and packing. Ground must be level and smooth so the box will sit square and seal properly.All plumbing, electrical, Construction, engineering, and permitting by others. 12 1 ea INSTALL $2,500.00 <Optional> Polar Bear Mechanical If prevailing wage Total $10,407.00 Thanks for giving us the opportunity to quote your project! The following is a list of services or items that are not supplied by us unless noted. Shop drawings, plans, permits, hood hanging material unless otherwise noted, seismic restraints of any type, engineering of any type, faucets, drains, millwork, roof curbs, fire rated duct shafts, fire suppression systems, plumbing, electrical, gas, refrigeration, assembly of walk-in coolers/freezers, mag starters, controls, switches, air balancing, light bulbs, wall backing, dumpster, final connections or any general construction. The scope of work was bid based on information provided by the customer. Terms of payment are 50% Deposit upon ordering equipment &smallwares, balance due at time of delivery. Special order equipment &smallwares cancellations or returns are subject to factory restock charges, and some items may not be returned. Acceptance: Date: Printed Name: Project Grand Total:$10,407.00 Lam. Netval`;!� zz("J(� U065-17 Initial: Kent City Jail 9-29-16 -1' Page 2 of 3 F EXHIBIT E 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 I Contractor shall obtain insurance of the types described below: 1. Automobile Liability Insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, Independent contractors, products-completed operations, personal Injury and advertising injury, and liability assumed under an Insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability Insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. I'• ® p y EXHIBIT ® (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 ANII. i 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 ® DATE(MMIDDIYYYY) A�® CERTIFICATE OF LIABILITY INSURANCE 11/4/2016 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 Alexa DeBoer NAME: PHONE 360 734-1161 FAX (360)734-1173 Rice Insurance LLC c o EA. _) WC,No: 1900 Broadway AIL ADDRESS:alexa@riceinsurance.coo P.O. Box 639 INSUR_ER(S)AFFORDING COVERAGE NAICa Bellingham WA 98227 INSURER A 0anover Insurance. Compan INSURED INSURER e: Dicks Restaurant Supply of WA Inc INSURER C: 2963 list Ave S INSURERD: INSURER E Seattle WA 98134 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OFINSURANCE ADOL SUED POLICY NUMBER MMIODVEFF MMIooYIYEVYV LIMITS RWVDXrMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RACLAIMS-MADE X OCCUR REMISES Eaoocunence $ 100,D00 X ZZ2➢O8945800 11/25/2016 11/15/2017 MED EXP(Any one parson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY FX]jECT LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ndderl $ 1,000,000 qX ANY AUTO BODILY INJURY(Per person) $ AALL OWNED SCHEDULED AUTOS X AUTOS X AW2D09125700 11/15/2016 11/15/2017 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS PeracGGenO Medical amenls $ 5,000 UMBRELLA LIAB X OCCUR EACH-OCCURRENCE $ 2,000,000 ALDED EXCESS LIAB CLAIMS-MADE AGGREGATE $ 21000,000 I X I RETENTIONS 10,000 X UB2DO8945900 11/15/2016 11/15/2017 $ WORKERS COMPENSATION X I STATUTE I I OERH AND EMPLOYERS'LIABIUTY - --'-- ANYPROPRIETORIPARTNEMEXECUTIVE YEl N/A E.L EACH ACCIDENT S 1 000,000 A (MandatFFICEory In NH)MEMBER CLUOED7 ZZ2D08945800 11/15/2016 11/15/2017 E.L.DISEASE-EA EMPLOYE $ -_1 000,000 If as,descrbe under DESCRIPTION OF OPERATIONS belmv E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Kent is listed as Additional Insureds per attached forms 421-2915-1214, CG2037-0704 and CA2048-0299. This insurance is primary and any insurance maintained by the Additional Insureds is non-contributory. 30 days NOC; 10 days Non Pay i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 400 West Gowe ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE James Fritts/TRP ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS1325,7n14on POLICY NUMBER: ZZ2D08945800 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS I This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Or anization s : Any person or organization with whom you agreed in a written contract,writtenagreement or permit that such person or organization to add an additional insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the 'products-completed operations hazard". Ili i CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 ❑ f-. ` The '. Policy#: AW2D091257 ` ��®vet" Insurance Group- AW21)091257 0901620 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: (Authorized Representative) SCHEDULE Name of Person(s) or Organizatlon(s): APPLIES ON A BLANKET BASIS (If no entry appears above, information required to complete this endorsement will be shown in the Decla- rations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision con- tained in Section II of the Coverage Form. i II I i CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 Policy#:ZZ2oo8945800 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract, Agreement or Permit Included 2. Additional Insured—Primary and Non-Contributory Included 3. Blanket Waiver of Subrogation Included 4. Bodily Injury Redefined Included 5. Broad Form Property Damage—Borrowed Equipment, Customers Goods & Use of Elevators Included 6. Knowledge of Occurrence Included 7. Liberalization Clause Included 8. Medical Payments Included 9. Newly Acquired or Formed Organizations-Covered until end of policy period Included 10. Non-owned Watercraft 51 ft. 11. Supplementary Payments Increased Limits - Bail Bonds $2,500 - Loss of Earnings $1000 12, Unintentional Failure to Disclose Hazards Included 13. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commercial General Liability Coverage Part through new coverages, higher limits and broader coverage grants. 1. Additional Insured by Contract, Agreement or (1) "Your work" for the additional insured(s) Permit designated in the contract, agreement or The following is added to SECTION II — WHO IS permit; AN INSURED: (2) Premises you own, rent, lease or occupy; Additional Insured by Contract, Agreement or or Permit (3) Your maintenance, operation or use of a. Any person or organization with whom you equipment leased to you. agreed in a written contract, written agreement b. The insurance afforded to such additional or permit that such person or organization to insured described above: add an additional insured on your policy is an (1) Only applies to the extent permitted by additional insured only with respect to liability law; and for "bodily injury", "property damage', or "personal and advertising injury" caused, in (2) Will not be broader than the insurance whole or in part, by your acts or omissions, or which you are required by the contract, the acts or omissions of those acting on your agreement or permit to provide for such behalf, but only with respect to: additional insured. 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 4 i I I (3) Applies on a primary basis if that is advertising injury" involved the rendering required by the written contract, written of or failure to render any professional agreement or permit, services by or for you. (4) Will not be broader than coverage d. With respect to the insurance afforded to provided to any other insured. these additional insureds, the following is (5) Does not apply if the "bodily injury added to SECTION III — LIMITS OF "property damage" or "personal and INSURANCE: advertising injury" is otherwise excluded The most we will pay on behalf of the from coverage under this Coverage Part, additional insured for a covered claim is the including any endorsements thereto. lesser of the amount of insurance: c. This provision does not apply: 1. Required by the contract, agreement or (1) Unless the written contract or written permit described in Paragraph a.; or agreement was executed or permit was 2. Available under the applicable Limits of issued prior to the"bodily injury', "property Insurance shown in the Declarations. damage", or "personal injury and This endorsement shall not increase the advertising injury". applicable Limits of Insurance shown in the (2) To any person or organization included as Declarations. an insured by another endorsement 2. Additional Insured — Primary and Non- issued by us and made part of this Contributory Coverage Part. The following is added to SECTION IV — (3) To any lessor of equipment: COMMERCIAL GENERAL LIABILITY (a) After the equipment lease expires; or CONDITIONS, Paragraph 4. Other insurance: (b) If the "bodily injury", "property Additional Insured — Primary and Non- damage", "personal and advertising Contributory injury" arises out of sole negligence of if you agree in a written contract, written the lessor agreement or permit that the insurance provided to (4) To any: any person or organization included as an (a) Owners or other interests from. whom Additional Insured under SECTION II — WHO IS land has been leased which takes AN INSURED, is primary and non-contributory, place after the lease for the land ex- the following applies: pires; or If other valid and collectible insurance is available (b) Managers or lessors of premises if: to the Additional Insured for a loss covered under Coverages A or B of this Coverage Part, our (1) The occurrence takes place after obligations are limited as follows: you cease to be a tenant in that premises; or a. Primary Insurance (ii) The "bodily injury", "property This insurance is primary to other insurance damage", "personal injury" or that is available to the Additional Insured "advertising injury" arises out of which covers the structural alterations, new con- Additional Insured as a Named Insured. We struction or demolition operations will not seek contribution from any other performed by or on behalf of the insurance available to the Additional Insured manager or lessor. except: (5) To "bodily injury", "property damage" or (1) For the sole negligence of the Additional "personal and advertising injury" arising Insured; out of the rendering of or the failure to (2) When the Additional Insured is an render any professional services. Additional Insured under another primary This exclusion applies even if the claims liability policy; or against any insured allege negligence or (3) when b. below applies. other wrongdoing in the supervision, hiring, employment, training or monitoring If this insurance is primary, our obligations are of others by that insured, if the not affected unless any of the other insurance "occurrence" which caused the "bodily is also primary. Then, we will share with all injury" or"property damage" or the offense that other insurance by the method described which caused the "personal and in c. below. 421-2915 12 14 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 2 of 4 j I i i b. Excess Insurance insurer contributes equal amounts until it has (1) This insurance is excess over any of the paid its applicable limit of insurance or none of other insurance, whether primary, excess, the loss remains, whichever comes first. If any contingent or on any other basis: of the other insurance does not permit contribution by equal shares,we will contribute (a) That is Fire, Extended Coverage, by limits. Under this method, each insurer's Builder's Risk, Installation Risk or share is based on the ratio of its applicable similar coverage for"your work"; limit of insurance to the total applicable limits (b) That is Fire insurance for premises of insurance of all insurers rented to the Additional Insured or 3. Blanket Waiver of Subrogation temporarily occupied by the Additional Insured with permission of the owner; The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY (c) That is insurance purchased by the CONDITIONS, Paragraph 8. Transfer Of Rights Additional Insured to cover the Of Recovery Against Others To Us: Additional Insured's liability as a tenant for "property damage" to We waive any right of recovery we may have premises rented to the Additional against any person or organization with whom you Insured or temporarily occupied by the have a written contract that requires such waiver Additional with permission of the because of payments we make for damage under owner; or this coverage form. The damage must arise out of your activities under a written contract with that (d) If the loss arises out of the person or organization. This waiver applies only to maintenance or use of aircraft, "autos" the extent that subrogation is waived under a or watercraft to the extent not subject written contract executed prior to the "occurrence" to Exclusion g. of SECTION I — or offense giving rise to such payments. COVERAGE A — BODILY INURY AND PROPERTY DAMAGE 4. Bodily Injury Redefined LIABILITY. SECTION V — DEFINITIONS, Definition 3. "bodily (2) When this insurance is excess, we will injury" is replaced by the following: have no duty under Coverages A or B to 3. "Bodily injury" means bodily injury, sickness or defend the insured against any"suit" if any disease sustained by a person including death other insurer has a duty to defend the resulting from any of these at any time. "Bodily insured against that "suit". If no other injury" includes mental anguish or other insurer defends, we will undertake to do mental injury resulting from "bodily injury'. so, but we will be entitled to the insured's 5. Broad Form Property Damage — Borrowed rights against all those other insurers. Equipment, Customers Goods, Use of (3) When this insurance is excess over other Elevators Insurance, we will pay only our share of a. SECTION I —COVERAGES, COVERAGE A— the amount of the loss, if any, that BODILY INJURY AND PROPERTY exceeds the sum of: DAMAGE LIABILITY, Paragraph 2. (a) The total amount that all such other Exclusions subparagraph j. is amended as insurance would pay for the loss in the follows: absence of this insurance; and Paragraph (4) does not apply to "property (b) The total of all deductible and self damage" to borrowed equipment while at a insured amounts under all that other jobsite and not being used to perform insurance. operations. We will share the remaining loss, if any, Paragraphs (3), (4) and (6) do not apply to j with any other insurance that is not "property damage"to "customers goods" while described in this Excess Insurance on your premises nor do they apply to the use provision and was not bought specifically of elevators at premises you own, rent, lease to apply in excess of the Limits of or occupy. Insurance shown in the Declarations of b. The following is added to SECTION V this Coverage Part. DEFINITIONS: c. Method Of Sharing 24. "Customers goods" means property of If all of the other insurance permits your customer on your premises for the contribution by equal shares,we will follow this purpose of being: method also. Under this approach each 421.2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 I I a. worked on; or SECTION I — COVERAGES, COVERAGE A b. used in your manufacturing process. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions, C. The insurance afforded under this provision is subparagraph g.(2) is replaced by the following: excess over any other valid and collectible property insurance (including deductible) g• Aircraft,Auto Or Watercraft available to the insured whether primary, (2) A watercraft you do not own that is: excess, contingent (a) Less than 51 feet long; and 6. Knowledge of Occurrence (b) Not being used to carry persons or The following is added to SECTION IV — property for a charge; COMMERCIAL GENERAL LIABILITY This provision applies to any person who, CONDITIONS, Paragraph 2. Duties in the Event with your consent, either uses or is of Occurrence, Offense, Claim or Suit: responsible for the use of a watercraft. e. Notice of an "occurrence", offense, claim or 11. Supplementary Payments Increased Limits 'suit' will be considered knowledge of the insured if reported to an individual named SECTION I — SUPPLEMENTARY PAYMENTS insured, partner, executive officer or an COVERAGES A AND B, Paragraphs 1.b. and "employee" designated by you to give us such 1.d. are replaced by the following: a notice. Il.b.Up to $2,500 for cost of bail bonds required 7. Liberalization Clause because of accidents or traffic law violations The following is added to SECTION IV — arising out of the use of any vehicle to which g the Bodily Injury Liability Coverage applies. COMMERCIAL GENERAL LIABILITY We do not have to furnish these bonds. CONDITIONS: 1.d.All reasonable expenses incurred by the Liberalization Clause insured at our request to assist us in the If we adopt any revision that would broaden the investigation or defense of the claim or "suit", coverage under this Coverage Form without including actual loss of earnings up to $1000 a additional premium, within 45 days prior to or day because of time off from work. during the policy period, the broadened coverage 12. Unintentional Failure to Disclose Hazards will immediately apply to this Coverage Part. 8. Medical Payments The following is added to SECTION IV — Y COMMERCIAL GENERAL LIABILITY a. SECTION I —COVERAGES, COVERAGE C— CONDITIONS, Paragraph 6. Representations: MEDICAL PAYMENTS, Paragraph 1. We will not disclaim coverage under this Coverage Insuring Agreement, subparagraph a.(3)(b) Part if you fail to disclose all hazards existing as of is replaced by the following: the inception date of the policy provided such (b) The expenses are incurred and reported failure is not intentional. to us within three years of the date of the 13. Unintentional Failure to Notify accident; and The following is added to SECTION IV — b. This coverage does not apply if COVERAGE COMMERCIAL GENERAL LIABILITY C — MEDICAL PAYMENTS is excluded either CONDITIONS, Paragraph 2. Duties in the Event by the provisions of the Coverage Part or by of Occurrence, Offense, Claim or Suit: endorsement. Your rights afforded under this policy shall not be 9. Newly Acquired Or Formed Organizations prejudiced if you fail to give us notice of an SECTION II — WHO IS AN INSURED, Paragraph "occurrence", offense, claim or"suit", solely due to 3.a. is replaced by the following: your reasonable and documented belief that the a. Coverage under this provision is afforded until "bodily injury" or"property damage" is not covered the end of the policy period. under this policy. 10. Non-Owned Watercraft ALL OTHER TERMS, CONDITIONS, AND EXCLUSIONS REMAIN UNCHANGED. 421-2915 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 i