HomeMy WebLinkAboutCAG2020-407 - Original - Replacement - 13 Cell Windows in Booking D/E Unit Sup/Mgr:"b _ /\
Agreement Routing Form DirAsst: bLw\
400 Dlr/Dep: 0LYv\
• For Approvals,Signatures and Records Management
This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms.
K EN T
W A S H I N G T O N (Print on pink or cherry colored paper)
Originator: Department:
Sgt. M Armstrong Sr Police/Corrections
Date Sent: Date Required:
> 05/06/2020 10/19/2020
o - -
p, Authorized to Sign: Date of Council Approval:
❑✓ Director or Designee ❑Mayor N/A
Q
Budget Account Number: Grant? ❑Yes 0 No
10002500.64850.3510
Budget? [Z]Yes ❑No Type: N/A
Vendor Name: Category:
Tri-Star Detention, Inc. Contract
Vendor Number: Sub-Category:
= 1148968 Original
0
Project Name: Replacement-13 cell windows in Booking, D-unit and E-unit
E
0
_ Project Details: Replacement-13 cell windows in Booking, D-unit and E-unit
c :
a�
E Agreement Amount: $ 18,189.60 Basis for Selection of Contractor: Other
W
s1. __, Start Date: 02/12/2020 Termination Date:
Q
Local Business? ❑Yes 0 No*
*Ifineets requirements per KCC 3.70.700,please complete"Vendor Purchase-Local Exceptions"form on Cityspace.
Notice required prior to disclosure? Contract Number:
❑Yes 0 No OW,ZO Zo —y01
Date Received by City Attorney: Comments:
C1
N/A
3 cc
� H
4J
LX
fp r
Date Routed to the Mayor's Office: N/A
Date Routed to the City Clerk's Office:
.M22373120 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.200713
Tri-Star Detention, Inc.
CCB#0118631
TRISTD1961KG
WBE/ESB#1415
May 6, 2020, rev. 01
Mike Armstrong
City of Kent Jail
1230 South Central Ave.
Kent, WA. 98032
Re: Owner provided high security lite kits (Anemostat#SG-10) and security glass
Please see the following proposal.
1. Install (13) thirteen security lite kits and security Glass:
a. Remove existing security glass
b. Cut/modify existing hollow metal door window open to accept larger
security lite kit
c. Install new SG-10 lite kit and security
d. Prime paint finish
e. Including King County prevailing wage rates
Exclusions• '
• Finish paint
• All Bonds and bond premiums
• Evening, Weekend or Holiday work
• Permits
Remarks•
• Kent City Police facility security staff to be responsible for building and
inmate security. Tri-Star personnel will comply with all security
directions issued by Jail representatives.
• Kent City facilities acknowledge that the installation process requires
grinding activities which will cause heat and smoke. Jail personnel will
take any necessary measures to protect life safety and security systems
from activation during installation procedures.
• Kent City facilities acknowledge that the installation process requires
metal cutting activities. Jail personnel will take any necessary precautions
to protect staff and inmates from noise caused by these activities.
16433 S. Windy City Rd., Mulino, OR 97042
Ph. (503) 632-1336 Fax (503) 632-4299
Price for installation of(13) lite kits = $16,536.00 (not including taxes)
ADD WA. State tax (6.5%) = 51,074.84
ADD City/County use, B&O tax (3.5%) =5578.76
If any further information is required please contact me.
Thank you,
Dan Graeber
Cell 503-780-1759
Tri-Star Detention, Inc.
CCB#0118631
TRISTDI961KG
WBE/ESB#1415
May 6, 2020, rev. 01
Mike Armstrong
City of Kent Jail
1230 South Central Ave.
Kent, WA. 98032
Re: Owner provided high security lite kits (Anemostat 4SG-10) and security glass
Please see the following proposal.
1. Install (13) thirteen security lite kits and security glass:
a. Remove existing security glass
b. Cut/modify existing hollow metal door window open to accept larger
security lite kit
c. Install new SG-10 lite kit and security
d. Prime paint finish
e. Including King County prevailing wage rates
Exclusions:
• Finish paint
• All Bonds and bond premiums
• Evening, Weekend or Holiday work
• Permits
Remarks:
• Kent City Police facility security staff to be responsible for building and
inmate security. Tri-Star personnel will comply with all security
directions issued by Jail representatives.
• Kent City facilities acknowledge that the installation process requires
grinding activities which will cause heat and smoke. Jail personnel will
take any necessary measures to protect life safety and security systems
from activation during installation procedures.
• Kent City facilities acknowledge that the installation process requires
metal cutting activities. Jail personnel will take any necessary precautions
to protect staff and inmates from noise caused by these activities.
16433 S. Windy City Rd., Mulino, OR 97042
Ph. (503) 632-1336 Fax (503) 632-4299
Price for installation of(13) lite kits = $16,536.00 (not including taxes)
ADD WA. State tax (6.5%) _$1,074.84
ADD City/County use, B&O tax (3.5%) =$578.76
If any further information is required please contact me.
Thank you,
Dan Graeber
Cell 503-780-1759
l '
KENT
PUBLIC WORKS AGREEMENT
between City of Kent and
Tri—Star Detention, Inc.
THIS AGREEMENT is made by and between the City ofKent, o Washington municipal corporation
(hereinafter the "City"), and Dan Graeber, Tri-Star Detention, Inc. organized under the laws of the State of
[Tri-Star Detention, Inc Oregon State certified OMVVE513 # 1415., located and doing business at 16433 S.
Windy City Kd., Mu||no, OR 97042Ph.(503) 63I 1235pax (503) 632-4299 (hereinafterthe "[ontractor").
AGREEMENT
The parties agree asfollows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following described
plans and/or specifications:
Install (13) thirteen security lite kits and security glass:
a. Remove existing security glass
b. Cut/modify existing hollow metal door window open to accept larger security lite kit
c. Install new SG-10 lite kit and security
d. Prime paint finish
e. Including King County prevailing wage rates
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 aLthe
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" Saturday May 23, 2020 .
III. COMPENSATION. The City shall pay the Contractor total amount not to exceed Eighteen
Thousand One HunreU eighty-ninedu|!arsond sixty cents $18,lO9.GO, including any applicable Washington
State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor
eighty-five percent (859,1o) of the Contract amount upon completion and acceptance of the work by the City,
oratsuch 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 Performance_6ond, Bechuse this contract, includitca I[cable sales
tax, is $150,000 or less, and our he ntractor, in lieu
of providing the qty a payment rmance bond, has e'ec" to have the City
retain the final t�n percent (10%) of toe on,,tract amoun t for a -ri od of thirty (30)
days after th e d te of final acceptan ce o rCu n il receipt of all nece�sary releases from
the State Depa tment of Revenue, th State Department of Lab r & Industries, and
the State Emp yrnent Security Djrtment, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
PUBLIC WORKS AGREEMENT I
B. Retainage. The City shall also hold back a retainage in the amount of five percent
(5%) of any and all payments made to contractor for a period of sixty (60) 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 the State
Employment Security Department, and until settlement of any liens filed under
Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund
by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the
Contractor within fourteen (14) calendar days of Contractor's signature on the
Agreement.
C. 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.
D. 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.
PUBLIC WORKS AGREEMENT - 2
($20K or Less and No Performance Bond)
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.
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.
PUBLIC WORKS AGREEMENT - 3
($20K or Less and No Performance Bond)
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
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
PUBLIC WORKS AGREEMENT - 4
($20K or Less and No Performance Bond)
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.
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 Tri-Star Detention, Inc. "See quote" 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.
PUBLIC WORKS AGREEMENT - 5
($20K or Less and No Performance Bond)
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
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.
PUBLIC WORKS AGREEMENT - 6
($20K or Less and No Performance Bond)
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. 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 KENT:
By: By,��,►.
Aj-,�
(signature) (signature)
Print Name: Print Name: Diane McCuistion
Its Its: City of Kent ]ail Commander
(title)
DATE: DATE:
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Dan Graeber Nathen Harper
Tri-Star Detention, Inc City of Kent
16433 S, Windy City Rd., Mulino,OR 97042 220 Fourth Avenue South
[Address - Continued] Kent, WA 98032
C: 503-780-1759 or (503) 632-1336 (telephone) (253) 856-5082 (telephone)
(503) 632-4299 (facsimile) (253) 856-6080 (facsimile)
ATTEST:
Ken
C
[In this field,you may enter the electronic filepath where the contract has been saved]
PUBLIC WORKS AGREEMENT - 7
($20K or Less and No Performance Bond)
a. Business !-icense a uq ited. Pri to commencin he tasks des
crib d in Section I,
Contractor ag _es to provide proof a current city Kent business f ense pursuant to apter 5.01 of the
Kent City Co e.
K. n, marts nd Signatures bx Fax or Emai{. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR, ~- CITY OF KENT:
f
By:� i A g _
Y
(signatur jsignature)
PrinName:- tp�� � i �� Print Name: Diane McCuistion
f Its -ems J Its: City of Kent Jail Commander
(title)
j DATE: DATE:
I NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Dan Graeber Nathen Harper
Tri-Star Detention, Inc City of Kent
16433 S, Windy City Rd., Mullno,OR 97042 220 Fourth Avenue South
[Address - Continued] Kent, WA 98032
C: 503-780-1759 or (503) 632-1336 (telephone) (253) 856-5082 (telephone)
(503) 632-4299 (facsimile) (253) 856-6080 (facsimile)
ATTEST:
Kent City Clerk
[in tYls field,qmv May enter the eieq*onic tgepath Whtr{he aantraCt nas Moen saveej
PUBLIC WORKS AGREEMENT - 7
($20K or Less and No Performance Bond)
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
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, national origin, age, or the presence of all sensory, mental or physical disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
S. 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:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 1
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 (Insert Date), 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.
Insert Bidder's Business Name
Tignature of 6uthorized Official*
Printed Name: �DC -\6t"
Title: i _6
Date:�/ o lao _
City and State: tu.� no
*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
aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
Ill 01/16/2020
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(ies)must have ADDITIONAL INSURED provisions or 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
NAME: Kathleen Bergstrom
Pacific Rim Agency A",c°N o EXt: (503)829-9727 (A/� No): (503)829-3856
PO BOX 187 E-MAIL ADDRESS: kathy@gopacrim.com
Molalla, OR 97038 INSURERS)AFFORDING COVERAGE NAIC#
INSURER A: James River Insurance 12203
INSURED INSURERB: _Ohio Casualty Insurance Company !24074,___
Tri-Star Detention Inc INSURERC: Scottsdale Insurance Company 41297-
16433 S Windy City Rd INSURERD: SAIF Corporation __- -.36196
Mulino, OR 97042 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 00000541-2021641 REVISION NUMBER: 9
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 LTR TYPE OF INSURANCE iADDL SUER: POLICY EFF POLICY EXP
INSD WVD POLICY NUMBER '. MM/DD/YYYY MM/DD/YYYY LIMITS
A X,COMMERCIAL GENERAL LIABILITY Y 00046527-9 01/07/2020 01/07/2021 EACH OCCURRENCE $ 1,000 OOO
CLAIMS-MADE X OCCUR DAMAGE TO RENTED
PREMISES(Ea occurrence $ _300,000
MED EXP(Any one person) $
PERSONAL&ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER
. j GENERAL AGGREGATE $ 2,000,000
POLICY X�ECT LOCH PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER. $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
B BA054605501 10/08/2019 10/08/2020 Eaaccdent $ 000,000
X ANY AUTO BODILY INJURY(Per person) $
OWNED i SCHEDULED BODI LY INJ U RY Per accident $
AUTOS ONLY I AUTOS '� ( )
HIRED 'NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
S —
`` UMBRELLA LAB X OCCUR XLS0112930 01/07/2020 01/07/2021 EACH OCCURRENCE $ 2,000,000
X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000
DED RETENTION$ $
D WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N 967610 08/01/2019 08/01/2020 X STATUTE ER
ANY PROP R I ETORIPART NE R/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? ❑ N/A —-
(Mandatory in NH) E.L.DISEASE_-EA EMPLOYEE$ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below .
E.L.DISEASE-POLICY LIMIT��,S 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Oregon Youth Authority is named as additional insured on the General Liability policy per form CG2010 0704.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Oregon Youth Authority ACCORDANCE WITH THE POLICY PROVISIONS.
530 Center St NE Ste 500
Salem, OR 97301 AUTHORIZED REPRESENNT/A}TI,VE,
FC � (KMB)
@ 1988-2015 ACOR CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Printed by KMB on January 16,2020 at 09:15AM
MI-STAR DETENTION INC https://secure.Ini.wa.gov/verify/Detail.aspx?UBI=-602387370&...
L&I regional offices are closed to public visits until further notice. Offices can still help you by
phone from 8 a.m.to 5 p.m. weekdays (except state holidays). Use the phone number for your
closest regionaL office thtc s: ini.wa.gov agg_ncy/contact/#officL--ocations, or you can call the Office of
Information and Assistance at 360-902-5800.
�r Wh, .S—mo d
Labor&Industries
(https://Ini.wa.gov
TRI-STAR DETENTION INC
Owner or tradesperson GRAEBR,SANDY L 16433 S WINDY CITY RD
Principals MULINO,OR 97042-8774
GRAEBR, SANDY L, PRESIDENT 503-632-3450
SHORTRIDGE, DELORES J, SECRETARY
WA UBI No. Business type
602 387 370 Corporation
License
Verify the contractor's active registration/license 1 certification(depending on trade)and any past violations.
Construction Contractor Active
Meets current requirements.
License specialties
Locks,Security and Alarm Equipment
License no.
TRISTD1961 KG
Effective—expiration
05/07/2004—05/07/2022
Bond
DEVELOPERS SURETY 8 INDEM CO $6,000.00
Bond account no.
542402C
Received by L&I Effective date
05/07/2004 05/06/2004
Expiration date
Until Canceled
Insurance
James River ins Co $2,000,000,00
Policy no.
00046527-9
Received by L&I Effective date
01/08/2020 01/07/2020
1 of 2 5/8/2020, 8:55 AM
RI-STAR DETENTION INC https://secure.]ni.wa.goviverify/Detail.aspx?LTBI-602387370&...
Expiration date
01/07/2021
Savings
No savings accounts during the previous 6 year period.
Lawsuits against the bond or savings
No lawsuits against the bond or savings accounts during the previous 6 year period,
L&I Tax debts
No L&I tax debts are recorded for this contractor license during the previous 6 year period,but some debts
may be recorded by other agencies.
License Violations
No license violations during the previous 6 year period.
Certifications & Endorsements
OMWBE Certifications
No active certifications exist for this business.
Apprentice Training Agent
No active Washington registered apprentices exist for this business.Washington allows the use of apprentices
registered with Oregon or Montana. Contact the orc.r o; vi,reau of ahor ,in +�sf;?es or;"�'<�r�':.a:.e Gepart-:ent of Labor
r. in ,z ty to verify if this business has apprentices.
Workers' Comp
No active workers'comp accounts during the previous 6 year period.
Public Works Requirements
Verify the contractor is eligible to perform work on public works projects.
Required Training—Effective July 1,2019
Exempt from this requirement.
Contractor Strikes
No strikes have been issued against this contractor.
Contractors not allowed to bid
No debarments have been issued against this contractor.
Workplace Safety & Health
Check for any past safety and health violations found on jobsites this business was responsible for.
No inspections during the previous 6 year period.
2 of 2 5/8/2020,8:55 AM