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HomeMy WebLinkAboutPK17-242 - Original - Northwest Roof Service, Inc - Contract - 05/22/17 %/a / %�ijr c r s M ge"'m "" KENT / //, ��//� Document W A'$M Y N Ci'T 4 N ���� hl CONTRACT COVER SHEET This is to be completed by the Contract Manager prier to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Northwest Roof Service, Inc. Vendor Number: JD Edwards dumber Contract Number: - 2- This is assigned by City Clerk's Office Project Name: Briscoe Park Picnic Shelters Roof Replacement Description: ❑ Interlocai Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Cate: 5/22/17 Termination Gate: 8/31/17 Contract Renevwal. Notice (Days): o Number of days required notice for termination or renewal or amendment Contract Manager: Lynn Osborn/BH Department: Parks Planning & Dev. Contract Amount: $15,950.00 Approval Authority: ® Department Director ❑mayor ❑City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Public Works contract to remove and replace the roof from both picnic shelters at Briscoe P _...a. __rk__ ..w._w w w. ------ ____.. . _.. ..._. Division Contract #PPD17-2.1 adccW10877 8 14 • KENT w�s...r.oro.. PUBLIC WORKS AGREEMENT between City of Kent and Northwest Roof Service, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Northwest Roof Service organized under the laws of the State of Washington, located and doing business at 801 Central Avenue North, Kent, WA 98032 (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: As described in attached Exhibit A, contractor will remove the existing roof from two picnic shelter buildings at Briscoe Park, install a new fiberglass shingle roof on each building, and remove all debris from site. Scope of work includes inspection of wood tongue & groove portions for dry rot or damage, and replacement of up to 340 total lineal feet of tongue & groove portions if necessary. 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 by August 31, 2017. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed $15,950, 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: Contractor will submit a single invoice A. No Payment and Performance Bond: No Retaina4e. 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. 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) 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. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN PUBLIC WORKS AGREEMENT - 3 ($20,000 or Less - OPTIONAL PROCESS) 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, 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. PUBLIC WORKS AGREEMENT - 4 ($20,000 or Less - OPTIONAL PROCESS) 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 duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any PUBLIC WORKS AGREEMENT - 5 ($20,000 or Less - OPTIONAL PROCESS) 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. ]. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. PUBLIC WORKS AGREEMENT - 6 ($20,000 or Less - OPTIONAL PROCESS) 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 aipplied. CONTRACTOR: CITY OF KENT: By: By: (signa urn (Signature) Print Name:� �` Ica�I 6;VId ri Name: Julie Parascondola, CPRP Its `� rmQ"--t"_V c, hLn, I S: Director of Parks, Recreation and (title) I Community Service DATE; DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF RENT: Jason Hamilton Bryan Higgins Northwest Roof Service City of bent 801 Central Ave. North 2.20 Fourth Avenue South Kent, WA 98032 Kent, WA 98032 253-859-0903 (telephone) (253) 856-5113 (telephone) jasonh@nwroof.com (facsimile) (253) bhiggins@kentwa.gov (facsimile) P;\Plarnning\Brkscoe`NW Roof Svc-Shelters Roof Replace-CONTRAC7.docx PUBLIC WORKS AGREEMENT - 7 ($20,000 or Less - OPTIONAL PROCESS) DECLARATION CITY OF DENT 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 reguilations 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. 1 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 womien 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: (psi r L 4(rl e f Title: ct V. V1 Date: EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 EXHIBIT A No. 017-275 Northwest Roof Service, Inc. Page 1-1 801 Central Ave N Kent, WA 98032 Seattle Bellcvuc South King County 'Tacoma Western WA 206,624.1102 425A54.2()79 253,859.0903 253.627.1567 1.8010.244.4705 FAX:253.850.3580 Email- jasonhlir;jiwroofxorn www,nwroof.cnm Jason Hamilton ROOFING PROPOSAL&SALES AGREEMEM' April 18,2017 salesinall Contractors Registration Na.N0RTIlRS088DNV Date Proposal Submitted To 'Worli'I'o Be Performed At Name City of Kent/Parks Planningand Dev. Name Briscoe Park Building A Street 220 4"' Ave. South street 62'"'Ave.S. and 190"'ST. Cilylstate/zip Kent,WA.98032 City/statc/zip Kent,WA, 98032 Contact Person Brian Higgins Cinitact Person Brian flig gins Telephone /Cell 253-856-5113 Telephone /Celt 253-856-5113 Fax I e-mail b1higgins(ed)lientWA.gov Fax / e-mail bhiggins(4*entWA.gov F—visting Rana LSE,sleet:3-tab roorin.can tear gage and grararcF Bid For: Roofivith new architectural roofing 1. Prepare grounds as necessary for tear off. (to include coning off'of work area and protecting landscaping.) 2. Tear off existing roof systern down to decking and dispose of at a proper facility in container provided by NWRS. 3. Inspect all t0l1gLIC&grove for dry rot and/or damages. Re-nail any loose decking as necessary. 4. Remove and replace any rotten or broken T&G up to 120 lineal feet. 5. Install new 26 gauge starter metal at all gutter edges. 6. Install 30 lb. As,rm felt to entire roof deck. T Install 2"drip metal oil rake edges to conceal raw edges ol:'plywood. 8. Install fiberglass shingles over felt paper at 5-5/8"weather exposure(all roofing to be nailed). 9. Install matching ridge cap to ridge line... 10. Clean gutters and remove all equipment and debris promptly. 11. On a daily basis, all debris generated by N WRS will be cleaned up and/or organized in a professional manner. Optional: Remove and replace existing cedar fascia with 5/4"x6­xI 6' clear to tight knot cedar fascia around entire perimeter For an addilional cost oj'$850.00firr labor and materials. To accept this option initial here. X Note: Any Additional work not specifically outlined in the specifications above will be performed on a time and material basis. Investment Quote S 7,030.00 Price Valid For 30 Days Plus'fax and Permit/Terms;Net 10 days At such tirric the contract price has been paid in full, the installation )vorAnianshil)on the repairs outlined above will be guaranteed for a period of 5 ) five years and the materials for 50 ) F i fly Years front the date of completion. Conditions of Sale It is mutuaffy agreed bciween buyer and contractor that the intinnnation listed herein represents an order to Purchase the described products and serve ices. Acceplaricc of'this order by NOR THWESTIZOOF SERVICL,INC sli;ilict)ml)letettiisAgrecineiit. No verbal slat merits car other agrccm nts slwail change any part cfftlus contract. Title to the described products passes to buyer when products are installed at the address shown on this contract or delivered to the buyer for self ease L:ach person signing this contract signs as a principal on behall'ol'the narned parties and himsell,personally 'This order is payable when NOR r I'll WEST ROOI�SLIMCF, INC doen-ruws ghat the installation or product shipment has been completed. Should the work he in progress more than thirty(30)days,a monthly invoice shelf be mailed on the first of'the month for work completed to date. Hie contract price includes a 5%cash/check discount.Buyer agrees to make payment within ten(10)days, of'cach invoice date h'pay ntent is not lonely made,contractor may,at its discretion,cease working on ihe,job until payment is made. After ten(10)days 1rom the invoice date,the account becomes past due and is subJecl to 1-112%per month late charges for business and commercial work and 1%per month for residential work 1'rorn the date orthe invoice in the event a past duc amount is referred to attorneys for collection,the contractor shelf receive allorney's Ices,court costs and expert witness fees in addition to any amounts due on the past due ACCOU111 Both parties,consent to j u rM iction and verim ol'the courts of'King County,Washington. Transportation charges are included in the final sales price unless specifically noted in Otis Agreernent All payments shall be made to NORTHWEST IZO01: SERVICE,INC,801 Central Ave N,Kent,Washington 98032,or such address as shall be designated by NORTI IWFS'r ROOF SHIMCF,INC In addition the buyer agrees to read the contraefors disclosure and disclaimer on the reverse side of page one of*this proposal and agrees to the terms and conditions listed herein, )N(' p—e—RIMIr'S,Approval Buyers Approval Date i-, -Su EXHIBIT A(Continued) No. 017-276 Northwest Roof Service, Inc. Page 1-1 801 Central Ave N Kent,WA 98032 Seattle Bellevue South King County Tacorna Western WA 206.624.1102 425.454.2079 253.859.0903 253.627.1567 1,800,244.4705 FAX:253.850.3580 Email: jasonh(q,nivroof.com www.nwroof.com Jason Hamilton ROOFING PROPOSAL&SALES AGRLEME'NT April 18,2017 Salesman Contractors Registration No.NORTIMS088DW Date Proposal Submitted To Work To Be Performed At Name City of Kent/ Parks Planning and Dev. Name Briscoe Park Buil(ling B Street 220 4"'Ave.South Street 62"d Ave.S.and 190"'ST. City/State/Zip Kent,W.A.98032 City/State/Zip Kent,WA.98032 Contact Person Brian Higgins Contact Person Brian Higgins Telephone /Cell 253-856-5113 Telephone /Cell 253-856-5113 Fax / e-mail bhiggins*kentWA.gov Fax I e-mail bhiggins(qAentWA.gov Existing Roof SVsfem: 3- tab roof ung on ton2ue and gro Bid For:RooL with new architectural roo 1. Prepare grounds as necessary for tear off. (to include coning off of work area and protecting landscaping.) 2. Tear off existing roof systern down to decking and dispose of at a proper facility in container provided by NWRS. 3. Inspect all tongue&grove for dry rot and/or damages. Re-nail any loose decking as necessary. 4. Remove and replace any rotten or broken T&G decking up to 220 lineal feet. 5. Install new 26 gauge starter metal at all gutter edges. 6. Install 30 lb. ASTM felt to entire roof deck. 7. Install 2"drip metal on rake edges to conceal raw edges of plywood. 8. Install fiberglass shingles over felt paper at 5-5/8"weather exposure(all roofing to be nailed). 9. Install matching ridge cap to ridge line... 10. Clean gutters and remove all equipment and debris promptly. 11. On a daily basis,all debris generated by NWRS will be cleaned up and/or organized in a professional manner. Optional: Remove and replace existing cedar fascia with 5/4"x6"x 16' clear to tight knot cedar fascia around entire perimeter For an additional cost of$850.00.1br labor and inaterials. To accept this option initial here. X Note: Any Additional work not specifically outlined in the specifications above will be performed on a time and material basis. Investment Quote$ 7,470.00 price Valid For 30 Days Plus Tax and Permit/Terms:Net 10 days At such time the contract price has been paid in full,the installation work-manship on the repairs outlined above will be guaranteed for a period of 5 ) five years and the materials for 50 ) Fifty Years from the date of completion. Conditions of Sale It is mutually agreed between buyer and contractor that the information listed herein represents all order to purchase the described products and services. Acceptance of this order by NOR11 IWEISTROOlSERVICH.INC.shall complete this Agreement No verbal statements or other agreements shall change any part of this 'contract Title to the described products passes to buyer when products are installed at the address shown on this contract or delivered to the buyer for selfuse Each person signing this contract signs as a principal on behalf of the named parties and himself,personally. This order is payable when NORTI I WEST ROOF SE RV ICE, 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 tile first ol'the month for work completed to date "rhe contract price includes a 5%cash/check diSCOLInt. Buyer agrees to make payment within ten(10;)days of each invoice date. If payment is not timely made,contractor rnay,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 11/o per month for residential work frorn the date ofthe 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 to jurisdiction and WilLIC Of the Courts Of Icing COUnty,Washington Transportation charges are included in the final sales price unless specifically noted in this AL,,recincilt All payments shall be made to NORTHWESTRO01: SERVICE,INC.,801 Central Ave N,Kent,Washington 98032,Or such address as shall be designated by Nowri-iwis,r ROOF SERVICE,INC. In addition the brayer agrees to read the contractors disclosure and disclaimer on the reverse side of'page one of this proposal and agrees to tile terms and conditions listed herein. Buyers Approval Date MAS,INC.Supervisor's Approval ��J EXHIBIT B INSURANCE REQUIREMENTS FOR CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor.shall maintain the following insurance limits: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000;000 general aggregate and a $1,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. 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. OP ID:BW '�►�oRv CERTIFICATE OF LIABILITY INSURANCEr_°;T..,'I.IUWDW "'"YI N 7 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 206-628-9029E Gunning&Associates,Inc. PNQNE A11 206-628-0644 2001st Avenue West#108 � ouF Ext): �(AIC,Nol: Seattle,WA 98119 �M Becky L Witty ADDRESS: CUSTOMER ID s:NWR0001 INSURERCS1 AFFORDING COVERAGE NAIL 0 INSURED Northwest Roof Service,Inc. INSURER A:United Specialty Ins Co A VIII 12537 801 Central Avenue North INSURER B:West American Insurance 44393 Kent,WA 98032 INSURER C INSURER 0: INSURER£: INSURER P: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS 1NSR I AVOL SUOR POLICY EFF POLtC EX LTR TYPE OF INSURANCE POLICY NUMBER 4MMMONVYY1 (MMIDDIYYYYILIMITS GENERAL UABILITY EACH OCCURRENCE S 1,000,00 A X COMMERCIAL GENERAL LIABILITY X TN-ATL1650023 01/01/17 011011i6 PREMISES Ea oeesurence S 50100 CLAIMS-MADE FK OCCUR MED EXP(Any one personl S exclude X WA Stop Gap PERSONAL&ADV INJURY S 11000,00 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGG S 2,000,00 POLICY I JL I JFCT�0 I I LOC S AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT S 1,000,00 B ANYAUTO BAWS7558271 01/01117 01101/18 (Ea accident) BODILY INJURY(Per person) S ALL OWNED AUTOS BODILY INJURY(Per accident) S X SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident► S X NON•OWNEDAUTOS S S UMBRELLA LtAB OCCUR EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE $ HDEDUCTIBLE $ RETENTION S r S WORKERS COMPENSATION tiYC STATU- X OTH- AND EMPLOYERS'L)ABUTY YIN RILL(MILEEL A ANY PROPRIETOR/PARTNERIEXECUTIVE TN-ATL1650023 01/01/17 01101116 E L.EACH ACCIDENT $ 1,(100,00 OFFICERAIEMBER EXCLUDED? N I A IMandatory in NH) EMPLOYERS LIABILITY E L DISEASE-EA EMPLOYEE $ 11000100 If yes describe under DESCRIPTION OF OPERATIONS below E L.DISEASE•POLICY LIM1T S 1,000,00 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Briscoe Park Picnic Shelter Roofs/City of Kent is Additional Insured as respects work performed by the Named Insured per attached CG2010 0704 and CG2037 0704. This insurance is primary and non-contributory where required by written contract per attached form. 30 days notice of cancellation. CERTIFICATE HOLDER CANCELLATION CITY022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. Parks,Recreation&Community AUTHORIZED REPRESENTATIVE r Services Becky L Witty 220 4th Avenue South Xent,WA 98032 01988.2009 ACORD CORPORATION. Ai ghts reserved. ACORD 25(2009109) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:ATN-ATL 1650023 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered Operations As required by the contract Any and All Locations Information required to complete this Schedule,ifnot shown above,will be shown in the Declarations. A. Section 11—Who Is An Insured is amended to include B. With respect to the insurance afforded to these addi- as an additional insured the person(s)or organization(s) tional insureds, the following additional exclusions ap- shown in the Schedule,but only with respect to liability ply: for"bodily injury","property damage"or"personal and This insurance does not apply to "bodily injury" or advertising injury"caused,in whole or in part,by: "property damage"occurring after: 1. Your acts or omissions;or 1. All work, including materials, parts or equipment 2. The acts or omissions of those acting on your be- furnished in connection with such work,on the pro- half; ject (other than service, maintenance or repairs) to in the performance of your ongoing operations for the be performed by or on behalf of the additional in- additional insured(s) at the location(s) designated sured(s) at the location of the covered operations above. has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in performing op- erations for a principal as a part of the same project. CG 2010 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 0 POLICY NUMBER:ATN-ATL 1650023 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 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 Oper- Or Organization(s): ations As required by Any and all written contract locations 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 or shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and in- cluded in the "products-completed operations hazard". CG 20 37 07 04 0 ISO Properties, Inc.,2004 Page 1 of 1 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VEN 05100 (01/15) PRIMARY AND NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies the Conditions provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Any coverage provided to an Additional Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on any other basis unless: 1) a written contract or written agreement specifically requires that this insurance apply on a primary and non-contributory basis; or 2) prior to a loss, you request in writing and we agree that this insurance shall apply on a primary and non-contributory basis. All other terms, conditions and exclusions under this policy are applicable to this Endorsement and remain unchanged. VEN 05100(01/15) Page 1 of 1 NORTHWEST ROOF SERVICE INC Page 1 of 1 k twieaf� Department of Labor& Industries Certificate of Workers' Compensation Coverage May 19, 2017 WA UBI No. 601 360 713 L&I Account ID 579,582-01 Legal Business Name NORTHWEST ROOF SERVICE INC Doing Business As NORTHWEST ROOF SERVICE INC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 1 of Year 2017"21 to 30 (See Description Below) Workers" Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. NORTHRS088DW License Expiration 10/15/2017 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial Insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https://secure.Ini.wa.gov/verify/Details/liabilityCerti ficate.aspx?UBI=601360713&LIC=N... 5/19/2017 Pa-e I of7l State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98,504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 5/22/2017 Count Trade Job Classification Wage Holiday overtime Note King Roofers Journey Level $47.51 5A King Roofers Using Irritable Bituminous $50.51 5A Materials 5/22/2017