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HomeMy WebLinkAboutPK18-042 - Original - All Purpose Door Repair, Inc - Contract - 2/8/18 Records ENT WnSH Gran Document 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 fume: All Purpose Door Repair, Inc. "vendor Number: 33339 JD Edwards Number Contract Number: a -, " This is assigned by City Clerk's Office Project Name: Restroom Doors at Three Friends Fishing Hole Description: ❑ Interlocal .Agreement ❑ Change Order ❑ Amendment x❑ Contract ❑ Other: Contract (Effective Date: 2/08/2018 Termination Date: 05/09/2018 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Greg Highsmith Department: Park Operations - West Ops Contract Amount: '$_806,8.50 Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council Detail: (i.e. address, location, parcel number, tax id, etc.): Contractor will supply and install men"s and women"s restroom doors at Three Friend's Fishing bole, located at 19970 Russell Road,, Kent WA 98042. Contractor will remove the existing doors and frames and reuse the existing push plates, pull handles and kick plates. The doors are factory-ordered and will swing out and will include the mortise locks. The cinder blocks on the building wall will not be damaged from this process. As of: 08/27/14 • 4 ,e0o�1% KENT PUBLIC WORKS AGREEMENT between City of Kent and All Purpose Door Repair Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and All Purpose Door Repair Inc organized under the laws of the State of Washington, located and doing business at 15824 SE 296`h St, Kent WA 98042-4549, Ph: (253) 638-6555, Fax (253) 638-6564, Contact: Lisa Glasser (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: Contractor will supply and install the Men's and Women's Restroom doors at Three Friends Fishing Hole, located at 19970 Russell Road, Kent WA 98042 as described in attached Proposal, Revised #2, dated January 11, 2018 and marked as Exhibit A. Contractor will remove the existing doors and frames and reuse the existing push plates, pull handles and kick plates. The doors are factory ordered and will swing out and will include the mortise locks. The cinder blocks on the building wall will not be damaged from this process. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I within 90 days from the date of contract. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed EIGHT THOUSAND SIXTY EIGHT DOLLARS AND FIFTY CENTS ($ 8,068.50), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 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 (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. 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. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. 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. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 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. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's 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 PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of 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. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) 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. CONTRACTOR: CITY OF KfNT- By."IeJAog� By; (signature (signature) Print flame: Print �aZe: Garin Lee, Superintendent, Q,/5d le) DATE: Park Operations 6�-p 3 DATE: NOTICES TO BE SENT T01: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF BENT: Lisa Glasser Greg Highsmith, West Ops All Purpose Door Repair Inc Park Operations 15824 SE 296�h Street City of Kent Kent, WA 98042-4549 220 Fourth Avenue South Kent, WA 98032 (253) 638-6555 (telephone) (253) 740-7081 (telephone) (253) 638-6564 (facsimile) (253) 856-6120 (facsimile) PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) Page 1of1 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 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: 1/31/2018 County Trade Job Classification Wa a Holiday Overtime Note King Carpenters Acoustical Worker $57.18 5D 4C King Carpenters Bridge, Dock And Wharf $57.18 5D 4C Carpenters King Carpenters Carpenter $57.18 5D 4C King Carpenters Carpenters on Stationary $57.31 5D 4C Tools King Carpenters Creosoted Material $57.28 5D 4C King Carpenters Floor Finisher $57.18 5D 4C King Carpenters Floor Layer $57.18 5D 4C King Carpenters Scaffold Erector $57.181 5D 4C https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.a... 1/31/2018 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. 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 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. Z7 By: For: 2 ram- Title: EEO COMPLIANCE DOCUMENTS - I 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 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date 12/19/2017, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49,46, 49.48, or 49.52 RCW, as determined by a final' and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. All Purpose Door Repair Inc By: Sign tore- of Authorized Official* Printed Name: Title: Date. City and State: *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 EXHIBIT A All Purpose Door Repair, Inc. service .allpurposedoorrepair.com --www.allpurposedoorrepair.com 15824 SE 296 Street Kent, WA 98042 Office (253)638-6555 Fax(253)638-6564 January 11,2018 City of Kent Attn: Greg Phone: (253)740-7081 Email: ghighsmith@kentwa.gov Re: Proposal for Three Friends Fishing Hole— 19970 Russell Road Kent,98032—Men & Women's Restroom REVISED#2 To supply and install the following materials below. We will remove the existing doors and frames and reuse the existing push plates, pull handles and kick plates. These doors are factory ordered and will swing out. If client wishes to go with the mortise locks that they have now,add an additional $640.00 in materials plus tax and the labor will remain the same. The cinder blocks on the building wall will not be damaged from this process. *This is a prevailing wage bid. 2 —3'x 7' Hollow Metal 16 Gauge Doors with Hollow Metal Frames 6—NRP Hinges 12—Anchors 2 —Surface Mount Closers 2 —Cylindrical Locks 2—Dead Bolts 2—Latch Guards Lead time on materials is approximately 3—5 weeks plus additional time for scheduling. Disposal of materials is included in this bid. Insurance requirements to be named as Additional Insured are an additional cost not included in this proposal and will be the responsibility of the client. This cost is$100 plus tax. Material: $4,125.00 Labor: $ 2,520.00 Fuel Surcharge: $ 50.00 Subtotal: S 6,695.00 Tax: S 669.50 Total: $ 7,364.50 TERMS: Balance Due Net 30 Upon client approval of proposal and terms,please sign, date and return the proposal. The job will be ordered upon receipt of the signed proposal. This proposal is good for 30 days from above date. From: John Glasser, President. Approved by: Date: PO#: Company Name: Billing Address: _ City: State: _ Zip: __Email: Warranty Policy All Purpose Door Repair,Inc.gives on all materials sold a manufacturer's warranty for up to one year from date of service and gives on all labor performed a 30 day warranty from date of service.Labor warranty calls must be called into All Purpose Door Repair,Inc.within one month from the date of service to report the problem. This warranty does not include aligning,adjusting or damage to parts or entries caused by weather or persons.This warranty is exclusive to All Purpose Door Repair, Inc. In regards to alarm contacts: If the door or frame has an alarm contact in them and we are replacing the door or frame please advise us in advance.Our techs will try to replace the contact,but we recommend that the client contact their own alarm company to either replace it on the new door or frame or check it after we have been there for proper installation. All Purpose Door Repair,Inc.is not liable for any damages due to improper installation of alarm contacts. Exclusions:Permits,fees,special inspections,repairs or alterations to existing electrical service,fire alarm system,security system,lead or asbestos testing or removal, damage uncovered and/or any work or materials not specifically listed above. Price above is for work during normal business hours Monday through Friday. Damage Uncovered:Damages uncovered(found)by the opening walls,floors,or ceilings are not covered in this proposal. EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS 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. 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. 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. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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 1185 or a substitute endorsement providing equivalent coverage. 2. 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. EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: l. 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. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions,terms and endorsements related to this project. G. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. A� CERTIFICATE OF LIABILITY INSURANCE °A/2Z;2O;8' 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 poiicy(ies)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 KATHY S SCHRADER(05651) PNAMONEE KATHY S SCHRADER FAX 900 SW 16TH ST • 425-793-1114 _ _ ; plc No:425-793-9389 STE 220 ADDRESS: KATHLEEN.SCHRADER@000NTRYFINANCIAL.COM RENTON,WA 98057-0000 INSURER(S)AFFORDING COVERAGE NAIC p INSURER A_COUNTRY Mutual Insurance Company 20990 INSURED 9829066 INSURER B: _ ALL PURPOSE DOOR REPAIR INC — ---- 15824 SE 296TH ST INsgrR c KENT,WA 98042 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR OOL;SU$fF POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMODYI YY MMIDD/YYYY LIMITS GENERAL LIABILITY AM9079816 �12/15/2017 .12l15l2018 EACH OCCURRENCE $1 000 000 A ✓ COMMERCIAL GENERAL LIABILITY ✓ ! l_PREMIX SEAS CEa occurrence) S 50.01710 CLAIMS-MADE L✓OCCUR MED EXP(Any one person) S 5,000 BustNEssowNeRs (PERSONAL&ADV INJURY S 1,000 000 !GENERAL AGGREGATE _ S2.OQQ,QQQ GEN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s 2,000 000 PRO- -`— -- ✓ POLICY I ��LOC -- -- -- S AUTOMOBILE LIABILITY !COMBINED SINGLE LIMIT AV9079822 12/15/201 i 12/15/2018 r(Ea accident) __is 1,000,000 ANY AUTO BODILY INJURY(Per person) S A ~ ALLOWNED --'SCHEDULEDAUTOS 'AUTOS BODILY INJURY(Peraccident) $ 'NON-OWNED ; PROPERTY DAMAGE HIRED AUTOS �/'AUTOS _IPer sodden,) S UMBRELLA LIAB u( OCCUR ✓ AU9078754 12/15/2017 �12/15/2018 EACH OCCURRENCE $4,000,000 A EXCESSUAB CLAIMS-MADE AGGREGATE _ $4,000,000 _ DED RETENTIONS 10.000 $ j WORKERS COMPENSATION WC STATU- !OTH- AND EMPLOYERS'LIABILITY Y I N I ._--IIORY_LIMtT ANY PROPRIETORIPARTNERIEXECUTIVE E L EACH ACCIDENT S OFFICER/MEMBEREXCLUDED') aINIA _.-----_.—._. (Mandatory In NH) E.L DISEASE-EA EMPLOYE S If yas,descnbe under ------- r DESCRIPTION OF OPERATIONS below i E.L DISEASE-POLICY LIMIT S i I � i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) ADDITIONAL INSURED(S): CITY OF KENT PARK OPERATIONS,PARKS,RECREATION&COMMUNITY SERVICES 220 FOURTH AVENUE S KENT,WA 98032 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 PARK OPERATIONS ACCORDANCE WITH THE POLICY PROVISIONS. PARKS,RECREATION&COMMUNITY SERVICES AUTHORIZED REPRESENTATIVE 220 FOURTH AVE SOUTH KENT.WA 98032 01988-2010 AbdRD CWPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: A`CORO® ADDITIONAL REMARKS SCHEDULE Page ' of ' AGENCY NAMED INSURED ALL PURPOSE DOOR REPAIR INC POLICY NUMBER 15824 SE 296TH ST AM9079816 KENT,WA 980424549 CARRIER NAIL CODE COUNTRY Mutual Insurance Company 20990 EFFECTIVE DATE: 1/25/2018 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: !CORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE (REMARKS CONTINUED) WA STOP GAP EMPLOYERS LIABILITY LIMITS OF$1,000.000 ADDITIONAL INSURED(S): CITY OF KENT PARK OPERATIONS,PARKS,RECREATION&COMMUNITY SERVICES 220 FOURTH AVENUE S KENT,WA 98032 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: AM9079816 BUSINESSOWNERS BP 14 02 0713 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: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations CITY OF KENT PARK OPERATIONS, PARKS, WA RECREATION & COMMUNITY SERVICES Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C. Who Is An additional insureds, the following is added to Insured: Paragraph D. Liability And Medical Expenses Any person(s) or organization(s) shown in the Limits Of Insurance: Schedule is also an additional insured, but only If coverage provided to the additional insured is with respect to liability for bodily injury" or required by a contract or agreement, the most we .,property damage" caused, in whole or in part, by will pay on behalf of the additional insured is the "your work" at the location designated and amount of insurance: described in the Schedule of this endorsement 1. Required by the contract or agreement; or performed for that additional insured and included 2. Available under the applicable Limits Of in the "products-completed operations hazard". Insurance shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional This endorsement shall not increase the insured only applies to the extent permitted by applicable Limits Of Insurance shown in the law; and Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 14 02 0713 ©Insurance Services Office, Inc., 2012 Page 1 of 1 AM9079816 BUSINESSOWNERS SP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and BP 14 88 0713 C Insurance Services Office, Inc., 2012 Page 1 of 1 AIL 10 67 08 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY With respect to coverage provided by this endorsement, the provisions of the Coverage Part(Policy) apply unless modified by the endorsement. Cancellation Our failure to send notice of cancellation to the certifi- cate holder(s) will not amend, extend or alter the The following is added under the Cancellation Condi- terms and conditions of this policy, including the can- tion applicable to the Coverage Parts (Policy) listed cellation of this policy. above: If there is a conflict between any other policy cancella- If we cancel this policy for any reason other than non tion provisions pertaining to the certificate holder(s) payment of premium, we will mail written notice of and this endorsement, the other policy provisions cancellation to the certificate holder(s) on file with the shall control. Company. Notice will be provided prior to the effec- Nothing contained here varies, alters, or extends any tive date of cancellation. We will give the number of provisions of the policy except as provided in this days notice as provided for in the Cancellation Condi- endorsement. tion of this policy. The notice will state the effective date of cancellation. The policy period will end on that date. If you cancel this policy, or if we cancel for non pay- ment of premium, we will mail written notice of such cancellation to the certificate holder(s) on file with the Company. The notice will state the date the policy was cancelled. The notice will be mailed by first-class mail to the last known mailing address of the certificate holder(s) on file with the Company. Any notice of cancellation provided by this endorse- ment applies only to the certificate holder(s) with a certificate of insurance applicable to this policy's period. Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Includes copyrighted material of American Association of Insurance Services, Inc.,with its permission. Contains copyrighted material of the National Council on Compensation Insurance,with its permission. AIL 10 67 08 11 Page 1 of 1 CITY 4F KENT KENT PERMIT RECEIPT RECEIPT NUMBER: 18-91268 PERMIT: BLOC 2180143 DATE ISSUED: 26-JAN-2018 I SCOPE..: PROJECT: BUSINESS LICENSE PERMIT NAME: 601548921 ALL PURPOSE DOOR REPAIR INC APN: SITE ADDRESS: LOCA'f ION: OWNER: ADDRESS: CITY/STATE!ZIP: Fee Code Paid to Date This Receipt NEW BUSINESS COMM. - FULL YEAR $0.00 $100.00 PERMIT TECH .FEE FOR BUSINESS LICENSES $0.00 $1.00 Totals: $0.00 $1C1 . 00 Payment Code Description Received By Amount CASHIER 860721 ALL PURPOSE DOOR REPAIR KIVA $101.00 Change: $0.0 0 Balance: $0.00 Payment Distribution by Division Business Licensing S100.00 Development Services $0.00 Engineering $0.00 Fire Prevention $0.00 Planning Services $0.00 KE e T cords Management Document Re CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to SUbmission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 253-856-5725. ❑ Blue/Motion Sheet Attached Pink Sheet Attached Vendor Name: ALL PURPOSE DOOR REPAIR, INC. Vendor Number (JDE): 33339 Contract Number (City Clerk): PK18-042 -()o I ............ ............... Category: Contract. Ag-r-eeme-n t ---------------­_­.......... ......................... Sub-Category (if applicable): Change Order Project Name: Restroom Doors at Three Friends Fishing Hole Contract Execution Date: 2/8/2018 Termination Date: 06/23/2018 Contract Manager: Greg Highsmith Department: Parks ------------------- ........... Contract Amount: Approval Authority: ❑ Director El Mayor El City Council X Dept Superintendent Other Details: Change QFOPrE #rl issued to extend termination date from 5/9/2018 due to delay by vendor in obtaining supplies, ----------------------------------------------------------- • KENT CHANGE ORDER NO. 1 NAME OF CONTRACTOR: All Purpose Door Repair, Inc. ("Contractor") CONTRACT NAME & PROJECT NUMBER: R stroom Doors at Three Friends Fishing Hale ORIGINAL CONTRACT DATE: 2 8 2018 This Change Order amends the above-referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: No change in scope of work. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $8068.50 (including applicable alternates and WSST) Net Change by Previous Change Orders $0.00 (incl. applicable WSST) Current Contract Amount $8068.50 (incl. Previous Change Orders) Current Change Order $0.00 Applicable WSST Tax on this Change $ Order Revised Contract Sum L $ CHANGE ORDER - 1 OF 3 Originai Time for Completion 05/09/201 (insert date) Revised Time for Completion under__ prior Change Orders (insert" date) ......... .. . . Guys Required (�) for this Change 45 calendar days Or-der Revised Time for Completion 06/23/'2018 (insert date) Pursuant to the ahove-referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date, All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. . The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this A,gir~+ewer"r'nrent, which will become effective on the last date written below. C0NTRACT0R CITE" 0E KER1� f By _ By: ..,... ...wG:., ... 0" ) Print Name:_._. '. Print Name: C.°w Its_.._. _.__._ ..... Its DATE:...._.. .. . . DATE:. w -- I CHANGE ORDER 2 OF 3 7 O , APPROVED A5 TO FORM: (applicable if Mayor's signature required) Kent Law Department t CHANGE ORDER - 3 OF 3