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HomeMy WebLinkAboutCAG2020-408 - Original - Tri-Star Detention, Inc. - Hollow Metal Doors Replacement in E Unit - 02/12/2020 Sup/Mgr: �`- - Agreement Routing Form Dir Asst: _:DLVVl\1_Dir/Dep: 'J`,� • For Approvals,Signatures and Records Management This form combines&replaces the Request for Mayor's Signature and Contract Cover Sheet forms. KEN T wA 5 H t N G r o N (Print on pink or cherry colored paper) Originator: Department: Sgt. M Armstrong Sr Police/Corrections Date Sent: Date Required: > 07/31/2020 08/31/2020 o - - - - N. Authorized to Sign: Date of Council Approval: �' ❑Director or Designee ❑Mayor N/A a Budget Account Number: Grant? ❑Yes ❑� No 10002500.64850.3510 Budget? ❑Yes ❑No Type: N/A Vendor Name: Category: Tri-Star Detention, Inc. Contract Vendor Number: Sub-Category: = 1148968 Original 0 Project Name: Replacement Detention Hollow Metal Doors E-unit E 0 _ Project Details: Replacement Detention Hollow Metal Doors E-unit c a� Agreement Amount: $ 10,960.40 Basis for Selection of Contractor: Other 4) i Start Date: Termination Date: C1 Q Local Business? ❑Yes ID No* *Ifineets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Notice required prior to disclosure? Contract Number: ❑Yes 0No GW-)20Zo — L407K Date Received by City Attorney: Comments: 01 = N/A 3 a, N 3 p� Date Routed to the Mayor's Office: N/A t/f Date Routed to the City Clerk's Office: Visit Documents.KentWA.gov to obtain copies of all agreements rev.200713 140000.0000�00**�. KENT W As 11 H G,oN PUBLIC WORKS AGREEMENT between City of Kent and Tri-Star Detention, Inc. THIS AGREEMENT is made by and between the City of Kent, a 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 OMWESB # 1415., located and doing business at 16433 S. Windy City Rd., Mulino, OR 97042 Ph.(503) 632-1336 Fax (503) 632-4299 (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: Two replacement detention hollow metal cell doors: Two (2) cell replacement detention hollow metal doors: Remove existing door and turn over to Owner Supply and install 1 3/4" thick x 14ga. x heavy duty hollow metal door - Curries #847, (see attached cut sheet) Includes - approximate size 4" x 34" security glass window, Global 9/16" thick glass clad polycarbonate #2117, see attached product cut sheet See below ADD - food pass option with Folger Adams #17 food pass lock, (see attached lock cut sheet) Reuse existing electric lockset and key cylinders. Reuse existing door position switch Supply and install a HM door lock strike keeper Includes - three (3) new door hinges & loop pull Reuse existing recessed cup pull 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 at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I "by" Tueday June 30, 2020 . III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Ten Thousand Nine Hunred Sixty dollars and forty cents $10964.40, 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 (85%) of the Contract amount upon completion and acceptance of the work by the City, PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the n3nna|nmg Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. A. 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 the State Employment Security Department, and until settlement of any liens filed Linder Chapter 60.28 RCW, whichever is later. B, Reb§inaycig. The City shall also hold buck a retainage in the amount offive percent (596) 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 ofRevenue, the State Department of Labor 8kIndustries, and the State Employment Security Department, and until settlement of any liens filed under Chapter6U.28 RCVV, whichever \slater, The amount retained shall be placed in ufund by the City pursuant to RCVV 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. , The City reserves its right towithhold payment from Contractor for any defective orunauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements nf this Agreement; and extra work and nnaLnna|s 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 nnaxirnunn 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. ECONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAlNAGE) 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. %V. INDEPENDENT CONTRACTOR. The parties intend that on Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCVY, the parties make the following ncpresentadons� A. The Contractor has the ability to control and direct the performance and details ofits 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. pUBLl[ vvVRxS AGREEMENT - 2 ' 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 mfRevenue. 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 (UBD number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCVV or an electrical contractor license pursuant to Ch. 19.28 R[VV. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. l[EpRMImA1FIKDN, 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 hs||une 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 orlabor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy orbecoming 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 VVages,° with the State of Washington Department ofLabor & lndustries 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 isattached. VID. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreennont. 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 rnoko an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Cont/actor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment aoit deems appropriate. The Contractor shall proceed with the change order work upon receiving either 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 /n this paragraph, the Contractor waives its right to make any claim or submit subsequent change order PUBLIC WORKS AGREEMENT 3 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 bo protest the adjustment as provided in subsections A through E of Section VIlI, Claims, below. The Contractor accepts ail requirements of a change order by: (1) endorsing it, (2) writing aseparate 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 cmsis, 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 ons| order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may 5|e o 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 l through 5be|ow. 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 dm/rn; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The esdnnoLod dollar cost, if any, of the claimed work and huvv that enUrnaLe 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 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 nn invalid protest. C. . In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement, O. . 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 PUBLIC WORKS AGREEMENT 4 ($30Kor Less and mo Performance Bond) 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 orused 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 toaccomplish the correction, XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub contract, the Contractor, itssub-contractnrs, or any person acting on behalf ufthe 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 towhich 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 o/ficens, 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 Oty'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 nfindemnification, Should a court of competent jurisdiction determine that this Agreement is subject ioRCVV4.24.115, then, in the event of liability for dmrnagma 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 l0D_U�I�l8�L INSURANCE, TITLE 51 RCVV, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, In the event Contractor refuses tender o[ 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. PUBLIC WORKS AGREEMENT 5 ($70xor Less and NoPerfbnnenceBond) The provisions of this section shall survive the expiration or termination cf 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, XIN'' WORK PERFORMED AT CONTRACTOR'S RISK, Contractor shall Lake 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 ofordamage to rnabarin|s, tools, or other articles used or held for use in connection with the work. XV. MTSCELLANEOUS PROVISIONS. A. Recvclable Materials. Pursuant to [hapter3.8O of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever pracUcab}e. A price preference may be available for any designated recycled product. B. . 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 oroptions, and the same shall beand remain in full force and effect. C. . 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 c!oinn or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and atUzrn*y'sfees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; Dliovided, however, nothing in this paragraph shall be construed to limit the C1ty's right to indemnification under Section XlI 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 {]) 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 ofthis 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 duty authorized representative of the City and Contractor. G. Entire £q[eement. 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 he 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 ofthis 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. Comoliance 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 PUBLIC WORKS AGREEMENT ' 6 ($Z0xor Less and mu Performance Bond) ' . ' business, equipment, and personnel engaged in operations covered by this Agreement or a[[rV\m] out of the performance of those operations, I. Pu s Act. The Contractor acknowledges that the City is public agency subject to the Public Records Art codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, ernai|s, 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� . Prior t i e$cr ~ �hape, 5.O1 rA the Con -nees to nbo current city ofKen�business |\cense^ r5u�nt�� K8n _ity ( - e. K. CounterDarts and Sicinatures bv Fax or Email. This Agreement may be executed in any number ofcounterparts, 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 crnaU 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. Print Name: a�nu,� Print Name: Diane McCuistion ts.? -e Its: City of Kent ]ail Commander 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 Ken�c*ret�k PUBLIC WORKS AGREEMENT - 7 ($2OKor Less and mn Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer, 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: For: . .. Title: Date: EEO COMPLIANCE DOCUMENTS - 1 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. 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: Far: V'i' Title: Date:__�V/��� ac) EEO COMPLIANCE DOCUMENTS - 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as __..___ that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: W_ 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 4-- 1 BY: Signature of Authorized Official* Printed Name:. C"yv-& cly_aA. c Title Date: City and State: "J_.d1'-V%3 *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 POLICE Rafael R. Padilla Chief of Police 220 4th Avenue South Kent, WA 98032 KEN T Fax: 253-856-6802 W A S H I N G T O N PHONE: 253-856-5800 Memorandum DATE: February 19, 2020 TO: Western Detention Products Inc, 3711 East Deer Park-Milan Road Deer Park, WA 99006 To whom it may concern: Western Detention Products has been given permission to access and obtain key and code information from the factory for The City of Kent Corrections Facility and is additionally, authorized to produce keys for The City of Kent Corrections Facility. All key shipments must be addressed to Sergeant Michael D Armstrong at 253- 856-5969, who is authorized to receive key shipments. The following address 1230 South Central Ave Kent, WA 98032 is to be designated as secure for key shipments via Fed Ex signature required and the box is to be marked *ATTENTION* - Sergeant Michael D Armstrong -ONLY!" Diane McCuistion Jail Commander City of Kent Corrections Facility 1230 Central Ave South Kent, WA 98032 0 m c a� Y ® Mayor Dana Ralph City of Kent Police Department -Accredited Police Agency ACCI CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `—� 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&N o E#. (503)829-9727 (A/C,No: (503)829-3856 PO Box 187 E-MAIL hat ADDRESS: k y gopacrim.com Molalla, OR 97038 INSURERS AFFORDING COVERAGE NAIC# INSURERA: 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 ADDL SUER POLICY EFF I POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 00046527-9 01/07/2020 01/07/2021 EACH OCCURRENCE $ 1.000.000 DAMAGE TO NTED CLAIMS-MADE OCCUR PREMISES EaEoccurrance $ 300,000 _ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE T n LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY BA054605501 10/08/2019 10/0812020 (CEO MBIN ..deDSINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ `` UMBRELLA LIAB I X OCCUR XLS0112930 01/07/2020 01/07/2021 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED I I RETENTION$ $ D WORKERS COMPENSATION 967610 08/01/2019 08/01/2020 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y� NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Oregon Youth Authority is named as additional insured on the General Liability policy perform 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 REPRESENTATIVE (KMB ©1988-2015 ACOR CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KMB on January 16,2020 at 09:15AM TRI-STAR DETENTION INC https://secure.Ini.wa.gov/verify/Detaii.aspx?UBI-602387370&... L&1 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(htt s: Ini.wa.gov agency/contact/#office-locations), or you can call the Office of Information and Assistance at 360-902-5800. as W,h,h, "Labor&Industries (https://Inima.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/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 Band DEVELOPERS SURETY&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 FRI-STAR DETENTION INC https://secure.Ini.wa.gov/verify/Detail.aspx?UBI-602387370&... Expiration date 0110712021 Insurance history 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 OMWEIE 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 Ore;;on Bureau of Labor&Industries or Montana Department of Labor industry to verify if this business has apprentices. Workers' Comp No active workers'camp 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 POLICE Rafael R. Padilla Chief of Police 220 4th Avenue South Kent, WA 98032 7�VNT WASHINGTON Fax: 253 856 6802 PHONE: 253-856-5800 Memorandum DATE: May 14, 2020 TO: Russell Jackson Sales & Technical Support Southern Folger Detention Equipment Co. San Antonio, TX To whom it may concern: Southern Folger Detention Equipment Company has been given permission to access and obtain key/lock and code information from the factory for The City of Kent Corrections Facility and is additionally, authorized to produce keys or locks for The City of Kent Corrections Facility that are coded 47FH4. All key/lock shipments must be addressed to Dan Graeber of Tri-Star Detention Inc., at 503-632-1336 or 503-780-1759, who is authorized to receive key/lock shipments. The following address 16433 South Windy City Road Mulino, OR 97042 is to be designated as secure for key/lock shipments, signature is required, and the box is to be marked *ATTENTION* - Dan Graeber -ONLY!" For any additional questions please contact Sergeant Mike Armstrong at (253) 856- 5969. Diane McCuistion Jail Commander City of Kent Corrections Facility 1230 Central Ave South Kent, WA 98032 0 c a� Y ® Mayor Dana Ralph . City of Kent Police Department- Accredited Police Agency Armstrong, Mike From: graeber@bctonline.com Sent: Monday, May 28, 2018 5:41 PM To: Armstrong, Mike Subject: Replacement shower door IEXTERNAL EMAIL Mike, I have everything but the Southern Steel food pass lock. They will not sell me the lock, it's a long story, Architectural Building Supply can sell the lock to direct to you or we can try Western Detention Products both will take credit cards ABS can sell it to you for the following Lock = $768.00, Taxes = $49.92, Freight = $24.00. Total = $841 .92 1 will deduct the purchase value for the PO if you purchase the lock direct. Also Western may be able to get the lock faster (but I don't know the cost) - one (1) #FA17M food pass lock x keyed one side x Mogul cylinder x keyed to existing 888-745-0530 (Deer Park, WA.) Call me when get a chance 503-780-1957 Sorry for the problem Dan Graeber Tri-Star Detention Inc. Cell 503-780-1759 i Tri-Star Detention, Inc. CCB#0118631 TRISTDI961KG WBEIESB#1415 February 8, 2020, rev. #01 Mike Armstrong City of Kent Jail 1230 South Central Ave. Kent, WA. 98032 Re: Two replacement detention hollow metal cell doors Please see the following proposal. 1. Two (2) cell replacement detention hollow metal doors: a. Remove existing door and turn over to Owner b. Supply and install 1 3/4"thick x 14ga. x heavy duty hollow metal door- Curries#847, (see attached cut sheet) c. Includes—approximate size 4"x 34" security glass window, Global 9/16" thick glass clad polycarbonate 42117, see attached product cut sheet d. Food pass option with Folger Adams#17 food pass lock, (see attached lock cut sheet) included e. Reuse existing electric lockset and key cylinders. f. Reuse existing door position switch g. Supply and install a HM door lock strike keeper h. Includes -three (3) new door hinges & loop pull i. Reuse existing recessed cup pull j. Including King County prevailing wage rates Price = $9,964.00 (not including taxes) ADD WA. State tax(6.5%)=$647.66 ADD City/County use, B&O tax(3.5%)=$348.74 Total including taxes = $10,960.40 16433 S. Windy City Rd., Mulino, OR 97042 Ph. (503) 632-1336 Fax (503) 632-4299 Exclusions: • Any door hardware not listed above • Sliding window shutter • 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. • Current manufacturing lead time is 8 to 10 weeks upon approval of hollow metal door shop drawings and security glass. If any further information is required please contact me. Thank you, Dan Graeber Cell 503-780-1759 1r Tri-Star Detention, Inc. CCB#0118631 TRISTDI961KG WBE/ESB#1415 February 8, 2020, rev. #01 Mike Armstrong City of Kent Jail 1230 South Central Ave. Kent, WA. 98032 Re: Two replacement detention hollow metal cell doors Please see the following proposal. 1. Two (2) cell replacement detention hollow metal doors: a. Remove existing door and turn over to Owner b. Supply and install 1 3/4"thick x 14ga. x heavy duty hollow metal door- Curries#847, (see attached cut sheet) c. Includes—approximate size 4"x 34" security glass window, Global 9/16" thick glass clad polycarbonate#2117, see attached product cut sheet d. Food pass option with Folger Adams#17 food pass lock, (see attached lock cut sheet) included e. Reuse existing electric lockset and key cylinders. f. Reuse existing door position switch g. Supply and install a HM door lock strike keeper h. Includes -three (3)new door hinges & loop pull i. Reuse existing recessed cup pull j. Including King County prevailing wage rates Price = $9,964.00 (not including taxes) ADD WA. State tax (6.5%) =$647.66 ADD City/County use, B&O tax (3.5%) =$348.74 Total including taxes = $10,960.40 16433 S. Windy City Rd., Mulino, OR 97042 Ph. (503) 632-1336 Fax (503) 632-4299 Exclusions: • Any door hardware not listed above • Sliding window shutter • 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. • Current manufacturing lead time is 8 to 10 weeks upon approval of hollow metal door shop drawings and security glass. If any further information is required please contact me. Thank you, Dan Graeber Cell 503-780-1759