HomeMy WebLinkAboutCAG2021-351 - Original - Greater Seattle Floors - Commons Raquetball Court Floor Replacement - 08/05/20218/2/21
CAG2021-351
PUBLIC WORKS AGREEMENT - 1
Over $20K and No Performance Bond)
PUBLIC WORKS AGREEMENT
between City of Kent and
G , Incorporated dba Greater Seattle Floors
THIS AGREEMENT is made by and between the City of Kent, a Washington
municipal corporation (hereinafter the "City"), and G , Incorporated dba Greater Seattle Floors,
organized under the laws of the State of Washington, located, and doing business at 114 S Findlay St.
Seattle, WA 98108, (206)763-7004, Becca Miller (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
The Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications:
The scope of work for this project consists of complete demo of the existing damaged floor, replace with
new hardwood maple flooring, sand, finish, and paint a floor with new court lines. All work to be included
for a complete “turn-key” project, per the contractor's proposal, which is attached and incorporated as
Exhibit A.
The 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 within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date
of this Agreement, all physical work shall thereafter be completed within 90 calendar days. The term of this
Agreement shall continue until all work has been completed, final acceptance has occurred, and all
Contractor obligations have been fulfilled.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
24,244.50, 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, 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.
Card Payment Program. The Contractor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in
this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit
card companies. The Contractor shall not charge those fees back to the City.
PUBLIC WORKS AGREEMENT - 2
Over $20K and No Performance Bond)
A. No Payment and Performance Bond. Because this contract, including applicable sales
tax, is less than $150,000, 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
under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall also hold back a retainage in the amount of five percent
5%) of any and all payments made to the 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 the Contractor’s signature on the
Agreement.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the 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 the 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 the 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 the
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 the 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.
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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 the
Contractor’s business, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall
include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
B. The Contractor’s failure to complete the work within the time specified in this
Agreement.
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. The 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. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
the 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, the Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date
the 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
PUBLIC WORKS AGREEMENT - 4
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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 IX, 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 the
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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Contractor to restart any work or
performance that may have ceased, to change the work, or to take other action to secure the work or the
project site during the force majeure event. The cost to restart, change, or secure the work or project site
arising from a direction by the City under this clause will be dealt with as a change order, except to the
extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its
obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be
borne by the Contractor.
IX. 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.
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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).
X. 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.
XI. WARRANTY. The 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 the Contractor knows or should have
known of the defect, or (2) upon the 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.
XII. 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.
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The 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.
XIII. INDEMNIFICATION. The 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 the 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 the 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 the 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
the 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.
XIV. 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.
XV. WORK PERFORMED AT CONTRACTOR'S RISK. The 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 the Contractor's own risk, and the 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.
XVI. 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
PUBLIC WORKS AGREEMENT - 7
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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 XIII 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 the
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 the 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, the
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
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to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Becca Miller
G , Incorporated dba Greater Seattle Floors
114 S Findl y St
Seattle, WA 98108
206)763-7004 (telephone)
N/A (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Diana Lazouski
City of Kent
220 Fourth Avenue South
Kent, WA 98032
253) 856-5083 (telephone)
253) 856-6080 (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
In this field, you may enter the electronic filepath where the contract has been saved]
08/05/2021
PUBLIC WORKS AGREEMENT - 9
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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: ________________________________________
PUBLIC WORKS AGREEMENT - 10
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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.
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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: ________________________________________
PUBLIC WORKS AGREEMENT - 12
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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
By: __________________________________________
Signature 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.
HARDWOOD CERAMIC TILE FORMICA VINYL CARPET
DATE SALES REP MEASURED BY PAGE 1 OF COD AMT
Contractor Customer
ADDRESS: ADDRESS:
CITY, STATE: CITY, STATE:
ZIP CODE: ZIP CODE:
PHONE: FAX:-PHONE:
UNIT TOTAL
AREA PRODUCT DESCRIPTION QTY COST COST
Racquetball Court #1 27.53
Subtotal
Total 22,020.44$
NOTE*
EXCLUSIONS
GENERAL
EXCLUSIONS
Unless otherwise agreed and signed within 30-days from the above date, this proposal pricing is subject to change.
This proposal shall apply to the terms of the items in this agreement only. No additional term or condition in any release shall be applicable
to a transaction within the scope of this Agreement. Customer acknowledges having read and negotiated this proposal, including all the terms, conditions,
limitations and disclaimers on the following pages.
All completed work shall be deemed approved & accepted by the customer unless the company is notified in writing within 4 weeks of completion.
SALESMAN X _____________________________APPROVED BY X__________________________
Greater Seattle Floors is a Certified Small Business Enterprise,
Minority & Women Owned Business Enterprise & Disadvantaged
Business Enterprise (OMWBE). Certification numbers are available
upon request.
EXCLUDES SALES TAX
ANY floor prep; Thresholds at exterior doors; supply or install of
Terms and conditions
Phone (206) 763-7004
Fax (206) 763-6205
114 South Findlay PO Box 80691 Seattle WA. 98108
3% fee added for credit card use (Visa, MasterCard only)
More than 1 trip to verify flatness required of 1/8" in 10 ft.; Logo work;
Custom Paint Colors; Power hook up for compressors and sanding equipment;
inserts; Protection of finished work; Union, Prevailing, or Davis Bacon
50% deposit, balance due upon completion
wages; Payment/performance bonds; Moisture mitigation;
Final dust cleanup; Paint touchup;
Supply and install Robbins Sports Surfaces Bio Cushion Athletic flooring system.
System to utilize 1st grade XL Maple
Demo and dispose of existing floor
Tape out and paint game lines (same as existing) in RED
Apply 2 coats of Water Based Sealer (Bona)
NOTE: Greater Seattle Floors is an authorized Robbins Sports
Surfaces Dealer with certified installers; Greater Seattle Floors is
also a Mill Accredited Member in good standing with the Maple
Flooring Manufacturers Association with certified installers; Greater
Seattle floors DOES NOT utilize sub contractors for athletic flooring
Apply 2 coats of low VOC Water Based Sport Finish (Bona)
INCLUDES: Dumpster rental; Shipping; All labor costs; Prevailing wages;
Sand floor following Maple Flooring Manufacturers Association (MFMA) guidelines
98030
LOT #PLAN #
City of Kent - Kent Commons
525 4th Ave N
Kent, WA
EXHIBITBINSURANCEREQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Contractor’s Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1.Commercial General Liability insurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Contractor’s insurance coverage shall be primary insurance as respect
the City. Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor’s insurance and
shall not contribute with it.
EXHIBIT B (Continued)
2. The Contractor’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Contractor’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
INSR ADDLSUBRLTRINSDWVD
PRODUCER CONTACTNAME:
FAXPHONE(
A/C, No):(A/C, No, Ext):
E-MAILADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICYEXPTYPEOFINSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERSCOMPENSATIONANDEMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
The ACORD name and logo are registered marks of ACORD
7/21/2021
15377
GSF, Incorporated
dba Greater Seattle Floors
114 S Findlay St
Seattle, WA 98108
A 1,000,000
X X CPP1228397 1/1/2021 1/1/2022 100,000
15,000
1,000,000
2,000,000
2,000,000
STOP GAP 1,000,000
1,000,000A
X CPP 1226815 1/1/2021 1/1/2022
ACV
2,000,000A
UMB1038664 1/1/2021 1/1/2022 2,000,000
10,000
City of Kent, Washington is included as Addtional Insured as required by written contract or agreement; Coverage is Primary and Non-Contributory;
City of Kent, Washington
Facilities Management
Parks, Recreation and Community Services
400 West Gowe
Kent, WA 98032
GSFINCO-01 CMCALLISTER
PLC InsuranceLLC1940140thAveW, Suite440Lynnwood, WA 98036
Casi McAllister
casi@plcins.com
Western National Mutual Ins Co
X
X
X X
X
X
X
X
X
X
X
X
X
X
WN GL 39 07 15
WN GL 39 07 15 Page 1 of 10
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
SUMMARY OF COVERAGES PAGE
WN GL 39 07 15
WN GL 39 07 15 Page 2 of 10
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT
SECTION I COVERAGES AMENDMENTS
COVERAGE A BODILY INJURY AND PROPERTY
DAMAGE LIABILITY
A. Non Owned Aircraft Or Watercraft
2. Exclusions,g.
g. Aircraft, Auto Or Watercraft
Bodily injury or property damage arising out
ment to others of any aircraft, auto or water
loading or unloading
the occurrence which caused the bodily injury
or property damage involved in the ownership,
any aircraft, auto or watercraft that is owned or
1)
2)
a)
b)
2)
3)Parking an auto on, or on the ways next to,
auto is not owned by or rented or loaned to
4)assumed under any insured con
tract for the ownership, maintenance or use
5)Bodily injury or property damage arising
a)
definition of mobile equipment if it were
b)
f. (2)
f. (3)of the definition of mobile
ment
B. Damage To Property Coverage Extensions
2. Exclusions, j.
j. Damage To Property
Property damage to:
1)
person or damage to another s property;
2)
the property damage arises out of any part
3)
4)
WN GL 39 07 15 Page 3 of 10
5)
are performing operations, if the property
damage arises out of those operations; or
6)
your work was incorrectly performed on it.
1)(3)(4)
apply to property damage other than damage by
SECTION III LIMITS OF
INSURANCE
2)
premises are your work and were never occupie
3)(4)
3)(4)(5)(6)
4)
property damage to borrowed equipment while not
2 SECTION III LIMITS
OF INSURANCE
will pay for property damage under
1)$25,000 any one occurrence regardless of the
damages because of that occurrence
2)
3)
ny one occurrence re
tions who sustain damages because of that oc
currence We may, or if required by law, pay all
r suit
6)
property damage included in the products
s hazard
The insurance provided for property damage from
the use of elevators and for property damage to
C. Damage To Premises Rented To You
2. Exclusions,
c. n.
6.SECTION III LIMITS OF
INSURANCE.
COVERAGE B PERSONAL AND ADVERTISING
INJURY LIABILITY
D. Personal And Advertising Injury
2. Exclusions
b.c.
b. Material Published With Knowledge Of
Falsity
Personal and advertising injury arising out of
c. Material Published Prior To Policy Period
Personal and advertising injury arising
WN GL 39 07 15 Page 4 of 10
SUPPLEMENTARY PAYMENTS COVERAGES A
AND B
E. Supplementary Payments Coverages A and B
1.b.
d.
b.
d.
defense of the claim or suit including actual
SECTION II WHO IS AN INSURED AMENDMENTS
A. Employee Bodily Injury To A Co-Employee
2. a. (1)
1)
a)
b)
1) (a)
c)
B. Newly Acquired Organizations
3. a
a.
C. Blanket Additional Insured Vendors As Re-
quired By Contract
1. Section II Who Is An Insured
a.
b.
2.
a.
1)
2)
3)
4)
WN GL 39 07 15 Page 5 of 10
5)
6)
7)
8)
i)
4)(6)
ii)
3. C.
a.
b.
c.
4.
Section III
Limits Of Insurance
a.
b.
5.
a.
1)
2)
the occurrence which caused the
bodily injury or property damage or
ich caused the personal
and advertising injury involved the
WN GL 39 07 15 Page 6 of 10
D. Blanket Additional Insured Lessor Of Leased
Equipment
1. Section II Who Is An Insured
a.
b.
2.
3.
Section III Limits Of Insurance
a.
b.
4.
a.
1)
2)
occurrence which caused the
injury or property damage or the offense
which caused the personal and advertising
injury involved the rendering of or failure to
E. Blanket Additional Insured Managers Or Les-
sors Of Premises
1. Section II Who Is An Insured
a.
b.
WN GL 39 07 15 Page 7 of 10
a.
b.
2.
Section III Limits Of Insurance
a.
b.
3.
a.
1)
2)
occurrence which caused the
injury or property damage or the offense
which caused the personal and advertising
injury involved the rendering of or failure to
F. Blanket Additional Insured State Or
Governmental Agency Or Subdivision Or Politi-
cal Subdivision Permits Or Authorizations
Section II Who Is An Insured
1.
a.
b.
2.
a.
b.
3.
Section III Limits Of Insurance
a.
b.
WN GL 39 07 15 Page 8 of 10
4.
a.
1)
2)
occurrence which caused the
injury or property damage or the offense
which caused the personal and advertising
injury involved the rendering of or failure to
G. Blanket Additional Insured State Or
Governmental Agency Or Subdivision Or Politi-
cal Subdivision Permits Or Authorizations Re-
lating To Premises
Section II Who Is An Insured
1.
a.
b.
c.
a.
b.
2.
Section III Limits Of Insurance
a.
b.
3.
a.
1)
2)
WN GL 39 07 15 Page 9 of 10
occurrence which caused the
injury or property damage or the offense
the personal and advertising
injury involved the rendering of or failure to
SECTION III LIMITS OF INSURANCE AMEND-
MENTS
A. Damage To Premises Rented To You
6.
6.5.
A
property damage to any one premises, while
a.
b.
B. Medical Expense Limit
7.
7.5.
C
because of bodily injury sustained by any one
a.
b.
SECTION IV COMMERCIAL GENERAL LIABILITY
CONDITIONS AMENDMENTS
A. Knowledge Of Occurrence
2. Duties In The Event Of Occurrence, Of-
fense, Claim or Suit
e.
tive prompt notice of an occurrence cla
loss only when the occurrence claim or loss is
1)
2)
3)
4)
B. Other Insurance
4. Other Insurance, b. Excess Insurance (1)
a) (ii)
ii)
C. Unintentional Failure To Disclose Hazards
6. Representations
6. Representations And Unintentional Failure
To Disclose Hazards
a.
1)
2)
3)
b.
WN GL 39 07 15 Page 10 of 10
D. Waiver of Subrogation
8. Transfer of Rights of Recovery Against
Others to Us
SECTION V DEFINITIONS AMENDMENTS
A. Insured Contract Amended
9. a.
a.
the owner is not an insured contract
B. Personal And Advertising Injury Redefined
14. d.e
d.
person or organization or disparages a person s
organization s goods, products or service;
e.
publication of material that violates a person s
COMMERCIAL GENERAL LIABILITY
WN GL 49 07 15
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WN GL 49 07 15
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
PRIMARY AND NONCONTRIBUTORY
A. Section II Who Is An Insured
1.
2.
1.
2.
B.
1.
a.
b.
WN GL 49 07 15
2.
a.
b.
C.
Sec-
tion III Limits Of Insurance
1.
2.
D.Other Insurance
Primary And Noncontributory Insurance
1)
2)
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FAC-Greater Seattle Floors -Contract
Final Audit Report 2021-08-02
Created: 2021-07-28
By: Diana lazouski (Dlazouski@kentwa.gov)
Status: Signed
Transaction ID: CBJCHBCAABAAmbKyKtQTNI_IkAhJvr4eIGBA9wYkey3x
"FAC-Greater Seattle Floors -Contract" History
Document created by Diana lazouski (Dlazouski@kentwa.gov)
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