HomeMy WebLinkAboutCAG2021-367 - Original - Eastside Garage Outfitters LLC - Firing Range Repairs - 08/13/2021Agreement Routing Form
FOR CITY OF KENT OFFICIAL USE ONLY
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor's Signature and Contract Cover
Sheet forms.
Sup/Mgr:
Dir Asst:
Dir/Dep:
KENT (Optional)
WASHtNGToN
o
oLqe
Originator:
Jalene King
Department:
Police
Date Sent:
oB/L8/202L
Date Required
Authorized to Sign:
[loirector or Designee
Date of Council Approval
nla
Budqet Account Number:
N20094.64850.942L
No
crant?lves
Type: N/A
t/No
=.9tPo
ELoI
E
lhatro
EooL
tD
Vendor Name:
Eastside Garage Outfitters LLC
Category:
Contract
Vendor Number:
1960150
Sub-Category
Original
Project Name: Firing Range RePairs
ProjectDetails:Remove old floor coating, repair divets, and apply new coating
then paint.
Agreement Amount: $ 19r873. 05
Start Date:
Basis for Selection of Contractor:
* Memo to Mayor must be attached
Termination Datet B/ 27 / 2t
Direct Negotiation
Local Busi lf meets requirements per KCC 3.70.1 00, please complete'Vendor Purchase-Local Exceptions' fotm on Cityspace.
Yes!tn-ero..ttf]E*"tnPt (KCC s'01'o4s)Business License Verification:r'
Notice required prior to disclosure?
o
Contract Number:
trl
C
P)\o
=E=\-v ut'5 9'o=Ei og
.9vt
Comments
Date Routed to the City Clerks Office:
ad(W22l7l_1_20 Visit Documents.KentwA.gov to obtaln copies of all agreements
rev. 2021 051 3
CAG2021-367
PUBLIC WORKS AGREEMENT
between CitY of Kent and
Eastside Garage Outfitters L.L.C.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter rhe "city")r "no"iititrol Girage outfitters t'L.c,, organized-under the laws of the state of
washington, located and ooiniirri"u.r iti'g2s_c"nter.Blvd, si st6. zro, snoqualmie, washington 98065'
p't'*ii'ffirrOeii+iSlzZr-SZi6,-iontact person Steve Alliff (herelnafter the "Contractor")'
AGREEMENT
The Parties agree as follows:
I. DESCRIPTION OF $'ORK'
The contractor shall perform the followlng services for the city in accordance with the following
described plans and/or speclfications:
Wlthin the Kent police firing range located at 24523 tL6 Ave SE Kent. Washington, remove
the old floor surface coatlng, r"piir aiu"tt ln the cement and apply a new floor. coating with a
iot.'a"tuimined cotor. fftir new floor coating ls lnstalled, apply red.palnt strip.es.across the
iing. floo, at 3, 5, 10, and ri yards back from the rubber trap. The work will be done in
;;A;il" *itninui lufi 28. 29zr proposed scope of work/estimate attached and incorporated
as Exhibit A.
The c.ontractor further represents that the services furnished under ttrls Agreement will be performed
in accordance with qenerally a;;tkd professlonal practlces withln the Puget Sound reglon in effect at the
time such servlces are Performed'
n. TIIIE OF COMPLETION. The parties agree that work will begln.on.the tasks descrlbed in
SecHon I above within zo *oriinqd"yi-anert'ne Clty iisues lts Notice to Proceed. Upon the-effective date
"iit1li nbi."r"nt, alt ptrysifii w;tk;h;ll ihereafter 'be completed bv-August 27; 2O2:- at 2359. The term ' "
"iiiiiinqr#entsnait cbnirnue until atl workhas been completed,'final acceptance hasoccurred, and all
Contractor obllgations have been fulflllecl'
uI. coMpENsATXON. The city shall pay the contractor a total amount not to exceed
g19,873.05, tnctudtng an' appriiaUfe Wa1'ligtol Stite Sales tax, for the *-9r!-9F services contemplated
i;ti.,i; Ag.#ent. it" biii-rn"ri p"v the iontractor elghty-five.percent.(857o) of the contract amount
upon io.ipietion anO accepiinci of ini wort< by the CiV,6r it such earlier.time as the Citv may determine
t.pp.p,iate. The City *iii puv-n" iemaining contr6ct amount upon fulfillment of the conditions listed
below and throughout thls Agreement.
Card payment prog!"am. The Contractor may elect to participate in automated credit card payments
provided for by the city andl-G Frnanctal lnstitutlon. This Program_is provided as an alternative to payment
6;;;;k ,na ri uulit.or" roi i-t'. conu.nienct of the contractlr. If thi contractor voluntarilv participates in
this program, tne contractor witf U" sot6' ,etponsible for any fees imposed by ffnancial insgtutlons or credit
..ra "oiipini"r, The contractor shall not charge those fees back to the city.
Dsl*sd:
PUBLTC WORKS AGREEMENT - 1
($2oK or Less and No Peftormance Eond)
A. No payment and performancp Bond. Because this contract, including applicable sales
tax, is $l50,ooo or less, ano pursuaniiJchapter 39.08 RcW,.the contractor, in lleu
ofprovldingtheCityup"y'ent,.ndpe.rormjncebond,haselectedtohavethecity
retatn the flnal ten percent (to"/") ;f-the aoniract amount for a period of thirty -(30)
days aftei if,e'Oiiu'of tfnut aicep{ance, or until receipt of all necessary releases from
theStateDepartmentofReVenUe,ttreitateDepafthentofLabor&Industrles,and
the staii e"iprbvri"t securitv oepa-nmlni, ana unttl settlement of anv llens filed
under Chapter 6d'28 RCW, whichever is later'
B.Retalnaoe.Thecityshallalsoholdbackaretainageintheamountoffivepercent
(5olo) oiany and all payments maae to th" contt".tor for a perlod of sixty (60) days
after the date of final acceptance, iiuniit t"c"ipt of all-necessary releases from the
State O;J-rimunt of Reve;ue, tf'LitaiJ Department of Labor & Industries, and the
state e,iiiovm'e;;;";;;t ilp;;;;i;."d until settlement of any liens filed under
chapter 60,28 RCW, \^rhichever is_taili--rrre amount retained shall be placed in a fund
by the city pursuant to RCW.60.i8.011(4Xa), unless_otherwise instructed by the
contractor within fourteen tr+l caienoai'alil'or tne contractor's signature on the
Agreement.
c.DefectiveorUnauthorlzedwork'TheCityreservesl.tstslttgwlthholdpaymentfrom
the contractor for any deftctive o. un.rl-fiorir"O work. Difectlve or unauthorized work
includes,withoutllmitation:*oir.""amaterialsthatdonotconformtothe
requtrenienti ofthls Agreemenq and extra work and materials furnished without the
city.s written approval, r tne coniia&oiis unable, for any reason, to satisfactorily
.ornpr"i"'unviJrtLn orirre work, the ctty may complete the work bv contract or
otherwtse, and the contractor shall be li;ble to the city f91 anv additional costs
rn.rrr"iKiiiJ c]iv, inaartionar cosL;snJiL mean all reasonable costs, including legal
.or., uii'"iiJI.t'i'i't"itJ'-itt'i'i"a uv tne city bevond the.maxlmum contract price
specrneJ aooul. tn" city turtner reslrves Its iigtt to deduct the cost to complete the
contraci *i-ri,'t"tilii;d inv aaarironat costs,-from any and all amounts due or to
become due the Contractor'
D,FlnalPavment:WaiverofCtalms'THECONTRACTOR'S-ACCEPTANCEOFFINALPAYME@RETAiNAGE) 9HI.L! 99ISTITUTE A WAIVER OF
coNTRAcToR,s cLAIMs, ExcEPT THbsE PREVIoUSLY AND PRoPERLY MADE AND
IOEruriiiEiriiCbNiNICTON AS UNSFTTLED AT THE TIME FTNAL PAYMENT IS MADE
AND ACCEPTED.
tv. INDEPENDENT CONTRACTOR' The oarties intend that an Independent contractor-
Fmntnver ReleflonshiD wlll be created by this Agreem"i'ri. gv their execution of this Agreement, and in
;:Uil;.;;iil fi. ir.oe Rcw, the pariies make the followlns representations:
A. The contractor has the ability to control and dlrect the performance and details of its
*orn, [i.r"l1i]'ueino i"t"*lt6o only tn the results obtained under this Agreement'
B, The Contractor malntains and pays for its own OlacS -9!-!usiness
from whlch the
contractor'sservicesunderthisAgreementwillbepefformeo.
c.Thecontractorhasanestabllshedandindependentbusinessthatiseligiblefora
ourrn"!r''j!-au.tion iot i"a"rat income tax purposes that existed before the city
retained the contractor.s services and-is a sirvice other than that furnished by the
citv, or"tn.-ciiiii.tJi iJ e"s.sed tn an independently established trade, occupation'
proression, or ousiness or tn-e iame nature as that involved under this Agreement'
D.TheContractorlsresponsibleforfilingasthey.become,.dueallnecessarytax
ao.u,,,.,inir *iif, uppropiiat" f"Oeral and siate agencies, including the Internal Revenue
servlce and the state Department of Revenue'
PUBUC WORKS AGREEMENT. 2
(i20x or tess and No Pefformance Bond)
E. The contractor has registered lts business and established an account with the state
o"partmeii--ot nu*-tir" anJ other state agencies as may be required by the
contractorG buslness, and has obtained a Unified Business Identifier (UBI) number
from the State of Washington'
F.ThecontractorhasaValidcontractorregistrationpursuanttoch.lS.2TRcWoran
electrical contractor license pursuant to Ch' 19'28 RCW'
G. The contractor maintalns a set of books dedicated to the expenses and earnings of its
business,
v. TERITIINATION. The city may terminate this Agreement for good cause' "Good cause" shall
include, without limitation, any one or more of the followlng events:
A, The Contractor.s refusal or fallure to supply a sufflcient.number of properly skilled
workeis or proper materials for completion of the Contract work'
B. The Contractor's failure to complete the work wlthin the time specified ln this
Agreement.
c, The contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D.TheContractor'spersistentdisregardoffederal,stateorlocallaws,rulesor
regulations'
E'Thecontractor.sfilingforbankruptcyorbecomlngadjudgedbankrupt.
F' The Contractor's breach of any portion of this Agreement'
If the city termlnates thls Agreement for good cause, the c.ontr.actgl shall not receive any further
rnoney ar" unOdr thls AgreemJnf tintif the Contrict work is completed, After termination, the City may
take possession of all records and data wtthin the contractor's possession pertaining to thls project whlch
may 6e used by the Clty without restrlction.
vI. PREVAILI'{G WAGES. The contractor shall file a 'statement of Intent to Pay Pr-evailing
Wages,; with tne siate or vi"inlirgd Department of Labor & Industries prlor to commencing the contract
*Ji..-'ftrutontractor shatt
-piy p?ivarfl"O wiOis in effect on Sle date the bid is accepted or executed.by
ti,-. d*tiJ.io.,ino iomprv i,riin-cr'r.pt"ieg.iz oi ttr" Revised code of washington, as well as anv other
appllcable prevailing *.g" i.i* pto'uision.' . The latest prevailing wage rate revislon 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
Ouring ifie-"pertoirnance of
'tfiL ng'.i"i,t"t. If the contractoi determlnes, for any reason, that a change
6io"iir n"Juirary, the Contractoi must submit a wrltten change order req19+- to the person llsted in .the
;;;e ;;""iri,r" s'e,:tfon of inii egt""ment, Section XVI(D),. wit-hln fourteen. (14) calendar davs of the date
i'n" Cofit.a.tor knew or sfroui; tra-ue fnown of the fa*s'arid events glving rlse to the requested change' If
il; ;il a;;ili*r tn"rtn" .ningi in.r"ase" or decreases the Contractor's costs or tlme for performance,
;ii; aii ;1t-;;ie an equtt;b[;diu"t."ni. rhe clty will attempt' in sood faith,.to reach asreement with
the Contractor on all equitablei-djustments, However, if the barties are unab-le to agree, the Clty will
l"i"irin. tn" equitable bdiustmeni as it deems appropriate. The Contractor shall proceed with the change
order work upon receiving ;itd;r; written ctrangd brdir rrom the city or an oral order from the city before
ici*tty ,ec"iuing tne writte;change oraer. If th=e.Contractor fails to require a change order within the time
lil.inddi"itii 6.iag.jph.lt'; cofiiraaorwatves its rightto make anv claim o.rsubmitsubsequent change
oIOe, iiqu"sts'for i6ad portro" "itne contract worli. If the conFactor disagrees with the equltable
adjustment, the contractoi must comprete the change order work; however, the contractor may elect to
pi6iJs[tne aOlustment as ptouided ln subsections A ihrough E of Section IX, Claims, below'
PUBLIC WORKS AGREEMENT. 3
($20K or Lest and No Pefiomance Bond)
The contractor accepts all requirements ofa change order by: _(1) endorsing it, (2) writing a separate
acceptance, or (3) not p.t#i"ni"i't"in;;;t-tht sectoriproviaes" A'change order,that is accepted bv the
contractor as provtdecl rn tir-ii'slaion shali constitute fil payment and frnal-settlement of all claims for
contract time and for direct, i"ii.i"t }J.o"seqiential costi, ihduoing costs of delays related to any work,
either covered or affected by the change'
vIIt. FORCE IIAJEURE. Nelther party shall be liable to the other for breach due to delay or tuilure
in performance resulting rrom icts or cod, aab or wa. or otitre publlc enemy, riots. pandemic. ffre, flood,
or other natural disaster or acts of government ("force hajeure ivent"). Performance that is prevented or
delayed due to a torce malerlr-e*everiistratt not result in tijUitity to the dilayed party' Both parties represent
to the other that at the time of signing this Agreemeni,ln"v ar" able to.p_erform as required and their
performance wtll not be ptu"-"r't"a,"nin,iured, oidelayed'by tlie current.COVID'19 oandemic' any existing
state or national declarations of emergency, ot. "ny
-ar-r:.*f social distancing restrictions or personal
protective equipment *qrir"i1"-ntt init"."/'nu required underfederal, state' or local law in response to
the current Pandemic'
Ifanyfutureperformanceispreventedordelayedbyaforcemajglleevent,thepartywhose
performance is prevented "i a"6V"O shall promptly noiif' tfrd otner party -of the existence and nature of
the force majeure "u"nr.uiir'"n=giil F,ffi.'i;l;ii.r.v ii pe*otman.", Anv excuse from liabilitv shall be
effective only to the urtan[--"6
-duration of the force maieure event causing the prevention or delay in
performance and, provided] ;li;i ;h;;u?y prevented oi all"yeq has not caused, such event to occur and
continues to use dlilgent, doi'iiii; "#o.tr
tL avoid the effects of such event and to perform the obligatlon'
Notwithstanding other provlsions of this section. the contfactor shall not be entltled to' and the clty
shall not be tiable for, the p;ft;;i;i;^y part of the'contract price durlng a.force majeure event' or any
costs, losses, expens€s, ou"niisui, oi a"tay'costs incurred by th; contractor.due.to a force majeure event'
performance that is more .liiv iL" t"i rbrce maieure euent is not included within the scope of thls Force
Majeure provislon.
Ifaforcemajeureeventoccurs,thecitymaydirect.thecontractor.torestartanyworkor
performance that may nuu. .uitiO, io ciiange the'woi[, o. to t.t " other action to secure the work or the
prolect slte during the fot " tu:*t! event..ihe cost to;estart, change, or secure the work or project site
arising from a direcflon nv ttt"-Cilv-rna"r this crause *iri ui o'eatt witti as a change order, except to the
extent that the loss or damage has been caused or exaie.Uitea by $e fallure of the Contractor to fulfill its
obligatlons under this ngr"Jfi"nl.-g*.ept as .*pru"stv iontempradeo by this section' all other costs will be
borne by the Contractor.
il.cLAlMs.Ifthecontractordisagrees.Withanythingrequiredbyachangeorder.another
wrttten order, or an oral ;;;";il;il"-Citi, inctuoing any direction,. instructlon' interpretation' or
determtnatton by the City, tilto"t'i*oi t"V nii a craim is provtded tn this section' The contractor shall
give written notice to the City or uriif.i.s *itftin fourteen (14) calendar days of the occurrence of the events
giving rise to the ctaims, "i *itnr" fburteen (1+) caleniai diys of the daie the.Contractor knew or should
haveknownofthefacts"i'""iiiitgi"idrii.totneclaim,whichever.occ.Yisfirst' Anvclaimfordamages'
addlqonal payment fo. tny ."i.on,-or ixtension of time, ivfieiher under this. Agreement or otherwise' shall
be conclusively deeme6 to n-u* d""n walved by the Cbntractor unless a timely written claim is made in
ttii.t l""o.o"ti"e wlth the applicable provisions of this Agreement'
At a minimum, a contractor's wrltten dalm shall include the informatlon set forth in subsections A'
itemslthrough5below.
FAILuREToPRoVIDEACoMPLETE'WRITTENNoTIFICATIoNoFcLAtMWITHIN
T}IE TIME ALLOW;;*SHAri.if AIT TbSOUTE WAIVER OF ANY CI'AIMS ARISING IN
ANY WAY FROI{ TH; FiiCrS ON EVENTS SURROUNDING THAT CLAIU OR OAUSED BY
THAT DELAY.
A.Notice of Claim.
information:
Provide a signed written notice of claim that provides the following
PUBUC WORKS AGREEMENT - 4
($2OK or Less and No Pefformance Bond)
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provislons in this Agreement that support the claim;
4. inu lrtirit"O dollar cdst, if any, of the claimed work and how that estimate
was determlned; and
5, nninalysls ofthe progress schedule showing the schedule change or disruptlon
ifthe C6ntractor ii aslerting a schedule change or disruptlon'
B. Records. The contractor shall keep complete records of extra costs and time incurred as a
result of the a"."ri"o Lvents giving'rtse td the claim, The City shall have access to any of the
Contractor's records needed for evaluating the protest'
The City will evaluate all claims, provided the procedures in this sectlon are followed' If the
City determtnes-lf'ui" .raim is valid, the city will ad1ust-paym€nt for work or time by an
"qiit"ut" adjustment. No adjustment will be made for an lnvalid protest.
c. contractor,s Dqty to complete Prote$ted work. In spite .of any claim, the contractor shall
proceedprom@lsandservicesrequiredbythecityunderthls
Agreement.
D, Failure to protest constitutes waiver, By not protesting as this. section provldes, the
contractor atsffiiiiililJoortionatintttlement and accepts from the Citv any written or
oral order tinciuaing directiont, instructions, interpretations, and determinatlon).
E. Failure to_Eollow procedures Constitutes Waiver. By,failing to follow the procedures of this
secgon, the c;;IF;ffi completety waives.Efr?lalms for protested,work and accepts from the
city any wriiien-ii'orai 'oiael lincrualng' directlons, instructlons, interpretationsf and
determlnation).
x.LTMITATIoNoFAcTIoNs.coNTRAcToRMUST,IN4NYIV.EIT,FILEANYLAISUIT
ARrsrNG FRoM oR coNNEcrib wnn *rrs AGREEMENT WTTHIN 120 cALENDAR DAYs FRoM THE DATE
THE coNTMfi WoRK Is cor'lpreie on Coruinncrons ABIUTY TO FILE THAT cLAIM oR sUIT SHALL BE
FOREVER BARRED. THIS SECiiON FUNTNTN LIMITS ANYAPPUCABLE STATUTORY LIMITATIONS PERIOD'
xI. WARRANW. The contractor warrants that it will faithfully and satisfactorily perfiorm all work
provided under thls Agru"rn.niln icioidtn.u with the provisions of thls Agreement' The Contractor shall
nrnmorlv correct all aeteas'in'worlmanship and materials: (1) when the Contractor knows or should have
ii.''""J,jl'',irinJ?iir.;,;it ;d; ttr! cont'aaort recelpt oi notlflcation from.the.citv of the existence or
Jir.d""iv orlne aeri"t. 'In the event any parts are repatred or replaced, only origlnal replacement parts
shall be used-rebullt ol- ut"O pu.ti wttt noi Ue accepta'ble. When defects are correded, the warranty for
inui p-o-.gon ottne worr< rnutfJ*i"na-ror an addluonil year beyond the orlginal warranty period appllcable
to the overall work. The contractor shall begin to corr€ct any iefects withln seven (7) calendar days of its
i"."ipt oinotice from the ciit';iihe deJect.-Ifth.e contracto; does not accomplish the corrections wlthin a
reasonable time as determiniO tV in" Cry, Ure City may complete.the correctlons and the Contractor shall
pay all costs incurred by the City in orderto accomplish the correction'
xu. DISCRIMITIATION. In the hiring of employees for the performance of work under this
AnrFFmcnr or anv sub-contii*, t-ne Contractor, its sub-contractors, or any person acting on.behalf of.the
ailF;H# ii !ij6--"i"tiiiii;;ilti;;i; ui '"aron of race, relieion, cotor, sex, ase, sexual orientation,
niiionaf brigin, or the presence of any sinsory,. mental, or physical disabllity, discriminate against any
;;;;;;h;t iuitineO ind available to perform'the work to whlch the employment relates.
The Contractor shall execute the attached City of Kent Equal Employment Opportunity-Policy
oectaraiio-n, compriwitn ciiv-lontinlti"iiu"
'Coti.y
1.2, and upon completion of the contract work, file the
attached ComPliance Statement'
xltl. INDEHNIFICATToN. The contractor shall defend, indemnify and. hold the city' its offfcers.
officlals, employees, agents lnJ votunteers harmless from any and all clalms, injuries, damages' losses or
PUBLiC WORKS AGREEMENT - 5
($20K or Less and No refformance Bond)
sutts, including all legal costs and attorney fees, arising- out of or in connection with the Contractor's
plrf6.ran.u oi tttis n-g.eement, 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 ofthese covenants of indemnification'
Should a @urt of competent Jurisdlctlon determlne that this Agreement is subject to RCW 4.24.115,
then, in the event of liabllity for damages arlsing out of bodily injury to persons_or damages to property
iirrlO Oi or resulttng from ihe concurient negligence of the Contractor and the City, its offlcers, officlals,
employees, agents a;d volunteers, the Contractor's duty to defend, lndemnlfy, and hold the Ctty harmless,
unci th" Contiactor's liability acffulng from that obligatlon shall be only to the extent of the Contractor's
negligence.
IT IS FURTHER SPECIRCALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTMCTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSUMNCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
TUNTNCN NCXruOWLEDGE THATTHEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Contractor refuses tender of defense in any suit or any clalm, if that tender was
made pursuant to this indemnlflcation clause, and if that refusal ls subsequently determined by a court
having'jurisdiction (or other agreed trlbunal) to have been a wrongful refusal on the Contractor's part, then
the C6;tractor shalt pay all the Cityt costs for defense, including all reasonable expert witness-fees-and
ieasonable attorneys; f.Ls, plus the'City's legal costs and fees incurred because there was a wrongful refusal
on the contractor's paft.
The provisions of this section shall survive the expiration or termination of this Agreement'
XIV. INSURAITCE. The Contractor shall procure and malntain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and lncorporated by this reference.
xv. woRK PERFORIIED AT CONTRACTOR'S RISK. The contractor shall take all necessary
precautions and shall be responslble for the safety of its employees, age_nts,_ 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'
XIII. MISCELLANEOUSPROVISIONS.
A, Recyclable Materlalq, Pursuant to Chapter 3.80 of the Kent Clty Code, the City regulres its
contractors ana consuiiants to use recycled and recyclable products whenever practicable. A price
preference may be avallable for any designated recycled product'
B. Non-Waiverof greach. ThefailureoftheCitytolnslstuponstrictperformanceofanyofthe
covenants and -greements contained in this Agreement, or to exerclse any option conferred by this
Agreement in oni or more ,nstances shall not be construed to be a waiver or relinquishment of those
c;venants, agreements or options, and the same shall be and remaln in full force and effect.
c. Resolution of Disputes and Governing LEw. This Agreement shall be governed by and
construed ln aicordance wlth 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 i.esoiving that dispute, difference or claim, shall only be by ffllng suit exclusively under the venue, rules
and jurlsdiction of the King County Superior Court, Klng County, Washingrton, unless the pafties agree.in
writiirg to an alternatlve dispute r6solutlon process. In any claim or lawsuit for damages arising from the
pa*iel' performance ofthis Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, includhg all appeals, in addition to any other recovery or
award provided by l5w; provided, however, nothing in this paragraph shall be construed to limit the City's
right to lndemnification under Sectlon XIII of this Agreement'
PUBUC WORKS AGREEMENT - 6
($20K or Less and No fut'formance Bond)
D. Written Notice. All communications regarding this Agreem.ent,strall. be sent to the parties at
the addressesliftE on theGignature page of the Agieement, unless notified to the contrary. Any written
notice hereunder snall becomE e*ective ifrree (3) business days after the date of.mailing by registered or
iert#La tnaif, and shall Ue aeemeO sumclently'given if sent to the addressee at the address stated in this
Agreement oi such other address as may be hereafter specified in writing'
E, Assionment, Any assignment of this Agreement by elther party without the written consent
of the non-asggrntng party snail be Joid. ff the non-assigning party.gives lts consent to any assignment,
the terms of this Agreemeni ifrafiiontinue in full force and efflct and no fufther assignment shall be made
without addltlonal written consent.
F. Modification. Nowaiver,alteration,ormodlflcatlonofanyoftheprovisionsofthisAgreement
shall be binalngrunless in wrlting and signed by a duly authorlzed representative of the Clty and the
Contractor.
G, Entire Agreement. The written provisions and terms of thls Agreement, together wlth any
exntUtts attacnEa-'Tere6, sfrEii-iuperseae all pitor verbal statements of any officer or other representative
oitn" Citfr, i"a such staiement. ihall not be'effective or be construed as enterlng into or forming a part of
or alterlng in any manner ttriJngreement. All of the above documents are hereby made a part of thls
Agr""i,"ni. However, snoutJ an-v language in any of the Exhibits to thls Agreement conflict with anv
ir"ng*g; Cont"ined ln lhis Agreement. the terms of this Agreement shall prevail'
H. Compliance with Laws. The Contractor agrees to comply wlth all federal, state, and municipal
laws, rules, ana regulatids that are now effectlve or ln the future become applicable to the Contractor's
Or.inurs, equtpment, and personnel engaEed ln operatlons covered by this Agreement or accruing out of
the performance of those operations.
L public Records Act. The Contractor acknowledges that the City is.a public agency subject to
the puOlic Reco]ilffiiodlfied in Chapter 42.56 of the Revised Code of Washington and documents, notes'
"ruils, ina other records prepared orgathered by_the Contractor in its perforrnance ofthis Agreement may
U" iuOject to public .euie* JIA Aiscloiure, even tf those records are not produced to or possessed by the
iity oiX"nt. is such, the Contractor agrees to cooperate fully with the City in satlsrying the City's dutles
and obligations under the Publlc Records Act.
J, Cltv Business License.Required. Prior to commencinq the tasks descrlbed in Section I, the
Contractoragr@cltyofKentbuslnesslicensepursuanttochapter5'01ofthe
Kent City Code.
K. Counterparts and Sionatures bv Fax or Email. Thls Agreement may be executed in €ny
number of counterparts, eachJf wfrrctr ahall constitute an origlnal? and all of which wlll together constltute
inii onl agi;;meni, Further, upon execuung thls Agreement, either party may d-eliver the signature page
io in! otnir by fax or email ani that stgnature shall have the same force and effect as if the Agreement
bearing the orlginal signature was received in person.
IN WITNESS, the parti€s below ex8cut€ thls Agreem€nt, which shall bacomG affcctlvc on
tho lact date ent€r;d beiow. All acts conslstGnt with ahe authority of this Agreement and prior
PUBLIC WORKS AGREEMENT - 7
($z1K or Less and No Pertormance Bond)
to its €ffective date are ratifted and afflrmed, and the tarms of the Agreement shall be deemed
to hav€ applied.
0n bb nd, you mrv $brua snlc ilaransFtu 6ilhd E m sdl
KENT:
Print Name Rafeal Padilla
By
DATE:8.- t3'Its:Chief of Police
Prlnt Name I
DATE
f,tOrrCeS rO BE SENT TO:
GONTRACTOR:
Steve Ailiff
Eastside Garage Outfitters L.L.C'
?829 Center BLVD SE STE 210
Snoqualmle, Wa. 98065
(425) 22r-57 LO (telephone)
None (facsimlle)
XOTTCES TO BE SENT TO:
CITY OF KENT:
christopher SPrague
City of Kent
220 Fourth Avenue south
Kent, WA 98032
(253) 856-5857 (telePhone)
(253) 856-6805 (facslmile)
Kent City Clerk
PUBUC WORKS AGREEMENT. 8
($20K or Less and No rerfofinanc€ Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNIW POLICY
The Clty of Kent is commltted to conform to Federal and State laws regarding equal opportunity'
As such all contractol€, iuu.ontiictors and suppliers who perform work with relation to this
;;.;;;;;i .hiii-"".pr/ *iir't ihe regutations of thb City's equal emplovment opportunitv policies'
The following questions specifically identify the requirements the City d,eems necessary for any
contractor, subcontractoi? suppii"r on this specific Agr€ement to adhere to' An affirmative
i"ipo^i" i! required on att oritrl'rollowing qu"jtiont for this Agreement to be valid and binding'
iii-nv connaabr, srbconiractoi or suppri6t *itrutty misrepresents themselves wlth regard to the
Jir*ti"* outlines, it wifi Ue ionsid;;;d a breach of contract and it will be at the City's sole
J"i"trin"tion regdrding suspenslon or termination for all or part of the Agreement;
The questions are as fiollowsi
1. I have read the attached clty of Kent administrative policy number 1.2.
Z. During the time of this Agreement I will not discriminate in employment on the basis of sex,
race, color, natron"ioiigin, age, or the presence of all sensory' mental or physical disability'
3. During the flme of this Agreement the prime contractor will provlde a written statement to
itt ne-w "mptoyees-ind
iubcontractors 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 Frime Contractor Complled wlth the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above'
By:
Fori
Titl
Date -/P'Z/
EEO COMPUANCE DOCUMENTS. 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: I'2
MINORITY AND WOMEN
CONTRACTORS
EFFECTIVE DATE: January 1, 1998
SUPERSEDES: April 1, 1996
APPROVED BY lim white, MaYorSUBJECT:
POLICY:
Eoual employment opportunity requirements.for. the city of Kent will conform to federal and state
laws. All contractors, ,uuion-f,".ti'o, consultants ana i"ppf,ieis .o.1
the City must guarantee equal
employment opportuntw;iiiin tt'"ir organlzation ino,'ir nolaing-Agreements wlth the city
amounting to 910,000 o1. ,noi" *itnin any given year, must take the following affirmatlve steps:
1. provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer'
2'Activelyconsiderforpromotlonandadvancementavailableminoritiesandwomen'
Any contractor, subcontractor, consultant or supplier who willfully disregards the ciw's
nondiscrlmination and equal opportunity requiremJrifi shall be consideied in breach of contract
"rOlri,i"lt to suspensioi-oi i6iminatioi for all or part of the Agreement.
contrast compliance officers will be appointed by the Directors of Pla.nning' Parks' and PubliC
works Departments to rtiir"h.r" roilouiing dutiei for their respectlve departments'
1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations ar" fa.ifiai *ith the regulatfons ana the City's equal employment opportunity
policY'
z, Monitoring to assure adherence to federal, state and local laws, policies and guidelines'
EEO COMPUANCE DOCUMENTS - 2
By
CITY OF KENT
EQUAL EMPLOYiIENT OPPORTUT{IW COMPLIANCE STATEMENT
This form shall be filled out AFTER COITIPLETION 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 lnto On
the
-
(date), between the flrm I represent and the Clty 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.
For:
Title
Date:
EEO COMPUANCE 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 citybefore the contract can be awarded.
The bidder hereby certifies that, within the three-year period immediately preceding the bidsolicitation date (Insert DaEe), the bidder is not a "willful" violator, as defined in RCW 4g.qa.oaz,of any provision of chapters 49.46,49.48, or 49.52 RCW, as determined by a final and bindingcitation and notice of assessment issued by the Department of Labor and Industries or through i
civil judgment entered by a court of limited or general jurisdicfion.
I certify.under penalty of perjury under the laws of the State of washington that the foregoing istrue and correct,
Insert Bidder's Businese t{ame
By
of
Printed df
Title:
Date:.f.-/O"zl
*If a.c3rgogtion, proposal must be executed in the corponte name by the praident or vice-president (or any other corporate officer accompanted by evidence otbutnortty to stgn), If a co-paftnershih proposal must be executed by a paftner,
City and State
BIDDER RESPONSIBIUTY CRITERIA - 1
lnvoiceEastside Garage Outfitters LLC
7829 Center Blvd. Se. #210
Snoqualmie, Wa.98065
425-221-5716
EXHIBIT A
BillTo
City of Kent
Sheldon Page
Police Firing Range
24611 116th Ave SE
Kent, WA 98032
Date lnvoice No.P.O. Number Terms Project
07/28/21 2021433 Firing Range
Item Description Quantity Rate Amount
Garage Floor
Coating
General Labor
GeneralLabor
Apply Garage Floor Coating w/Customer Color:
Firing range floor
Remove existing coating and make repairs where
necessary
Paint Red 3,5,7,10, 15 Yard lines
2,500
2,500
5.50
1.50
550.00
13,750.007
3,750.007
550.007
EGO is Licensed, lnsured, & Bonded Subtotal $18,050.00
Sales Tax (10.1%) $1,823.05
Total $19,873.05
Insurance
The Contractor shall procure and maintain for the duration of the Agreement, insurance
against claims for injirries to persons or damage to property.which may arise from orin
cSnnection 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
forrn 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 6e named as an insured under the Contractor's Commercial
Generai Liability insurance policy with respect to the work performed for
the City using ISO additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liabilitv insurance covering all owned, non-owned, hired- and
ffierageshallbewrittenonInsuranceServicesoffice
(ISO) form CA 00 01 or-a substitute form providing equivalent liability
coveiage. If necessary, the policy shall be endorsed to provide
contractual liabi litY coverage.
3. Workers'Comoensation coverage as required by the Industrial Insurance
laws of the State of Washington.
4. Contractor's/Consultant's Pollution Liability insurance covering losses
caqsed OV pottution conditions that arise from the operations of the
Contractor.
B. Minimum Amounts of Insurance
EXHIBIT B
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Contractor shall maintain the following insurance limits:
1. Commercial General Liabilitv insurance shall be written with limits no less
@choccurrence,$2,000,000generalaggregateanda
$2,000,000 products-completed operations aggregate limit.
EXHIBIT B (Continued)
2. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
3. Contractor's/Consultant's Pollution Liability insurance shall be written in
an arnount of at least $1,000,000 per loss, with an annual aggregate of at
least $1,000,000. Coverage may be written on a claims-made basis.
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 respectthe City.
Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall
be'excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except
Professional Liability) as respects work performed by or on behalf of the contractor and
a copy of the endors-ement naming the City as additional insured shall be attached to
the C6rtificate of Insurance. The City reserves the right to receive a certified copy of
att 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.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY}
0712812021
LYMATTE
AFFIRMATIVEL NEGATIVELY
CERTIFICATE
THISTHUPONHOLDER.E CERTIFICATEANDNOCONFERSRIGHTSRINFORMATIONOFONtsASISSUEDACERTIFICATETHISBY ETH POL|CIESALCOVERAGETHEAFFORDEDORTEREXTENDORYAMEND,DOESCERTIFICATE NOT
AUTHORIZEDINGBETWEENCONTRACTtssuTHENOTDOESArNsuRER(S),CONSTITUTEINSURANCEOFBELOW.THIS
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
to the certificate holder in lieu of suchnot confer
beorhavemusttheprovisionsanlsholdercertificateINSURED,
A onstatementanendorsement.of the certainconditionsthetopolicY maypolicies requireandtermsSUBROGATIONlftsWAIVED,subject
this certificate
CONTACT
206-388-2221206-5294154
Security National lnsurance Company
PRODUCER
Michael Luu lns Agency lnc
564 lndustry Dr. Ste 250
wA 98188Tukwila
National General lnsurance CompanyINSURED
EASTSIDE GAMGE OUTFITTERS LLC
7829 Center Blvd, Unit 210
wA 98065
TE NUMBER:REVTSION
PERIODABOVEEDTHEFORNAMISSUEDBEENTHETOBELOWLISTEBTHATFYPOLtCIESTHEISTHISRESPECTWHTOTHISlcHOREROTHWITHDOCUMENTOROFCONDITIONCONTRACTANYANYTERMREQUIREMENTNOTWITHSTANDINGINDICATED.TO THEALLHEREINDESCRIBEDSUBJECTIS TERMS,BYAFFORDED POLICIESTHEPERTINSURANCETHETEBEMAYORISSUEDMAYAIN,FICACERTI
REDUCEDBEEN PAIDBY CLAIMS.SHOWNLIMITS HAVEMAYCONDITIONSANDSUCHOFES.POLtCtEXCLUSIONS
LIMITSTYPE OF INSURAI{CE
1OCCURRENCE
100,000
5,000MED EXP
1,000,000PERSONAL & ADV INJURY
2,000,000GENERAL
2,000,000PRODUCTS - COMP/OP AGG
$
02t10t2021 o2t10t2022NA109971 106A
COMMERCIAL GENERAL LI,ABILITY
.LATM*MADE [E o""r*
GEN'LAGGREGATE LIMIT APPLIEStrFl pno-I I JECTPOLICY
PER:
LOC
1,000,000$
BODILY INJURY (Per Person)$
$BODILY INJURY (Per accid€nt)
$
s
o3t27t20222007593222B
ANYAUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOMOBILE LIABIL]TY
EACH OCCURRENCE !
AGGREGATE
OCCURUMBRELLA LI,AB
EXCESS LIAE
EACH ACCIDENT !1 000
DISEASE - EA s
DISEASE. POLICY LIMIT
0t2021 02t10t2022NAI 09971 I 06N'AA
ANO EMPLOYERS' LIABILITY
NH)
und€r
Y N
EXCLUDED?
COMPENSATION
DESCR|PT|ON OF OpERAnONt
'
LOCAnONS
'
VEHTCLES (ACORO I 0l , Addltlonal Remarls schsdule, may be
lnterior garage custom flooring and refinishing and installation of custom cabinets and storage
attached It mors sPaca ls requlred)
City of Kent
220 Fourth Ave. S
Kent wA 98032
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WTH THE POLICY PROVISIONS'
AUTHORIZED REPRESENTANVE
Michael Luu
@ 1988-2015 ACORD CORPORATION. All rights
ACORD 25 (20t6/03)The ACORD name and logo are registered marks of ACORD
reserved.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSUREDS -
OWNERS, LESSEES OR CONTRACTORS
This endorsement modifies insurance provided under the following:
COMMERGIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Policy Number: NAI 09971 106 Endorsement Effective: 81512021 l2:01 a.m.
Named Insured
EASTSIDE GARAGE OUTFITTERS LLC
SCTIEDULE
Name of Person or Organization:
CITY OF KENT
220 F4TH AVE S, KENT WA 98032
Location:
VARIOUS LOCATIONS THROUCHOUT CITY OF KENT, WA
(lf no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A, Section ll- Who ls An lnsured is amended to include as an insured the person or
organization shown in the Schedule, but only to the extent that the person or organization
sh6wn in the Schedule is held liable for your acts or omissions arising out of your ongoing
operations perlormed lor that insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is
added:
2. Exclusions
ThiS insurance dOeS not apply tO "bodily injury" Or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such
work, on the project (other than service, maintenance or repairs) to be performed by
or on behalf 6f the additional insured(s) at the site of the covered operations has been
completed;or
(2) That portion of "your work" out of which the injury or damage arises has been put to- -
its intended use by any person or organizalion other than another contractor or
subcontractor engaged in performing operations for a principal as a part of the same
project.
C. The words "you" and "you/' refer to the Named lnsured shown in the Declarations.
D. "Your work" means work or operations performed by you or on your behalf ; and materials, parts
or equipment furnished in connection with such work or operations'
Primary Wording
If required by written contract or agreement: Such insurance as is affotded by this policy shall be primary
insurance, und uny insurance or self-insurance maintained by the above additional insured(s) shall be excess of
the insurance afforded to the named insured and shall not contribute to it.
May lnclude Copyrighted Materialol lnsurance Services Offices, lnc'
Used with permission
49-0108 07 11 Page 1 of 1
Waiver of Subrogation
If required by written contract or agreement: We waive any right of recovery we may have against an entity
that is an additional insured per the terms of this endorsement because of payments we make for injury or
damage arising out of "yow work" done under a contract with that person or organization.
Page2ol2 @ ISO Properties, lnc., 2000 49-0108 07 1 1