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HomeMy WebLinkAboutCAG2021-448 - Original - Klim Roofing and Construction, Inc. - Roof Replacements at Hogan Park (2) & Garrison Creek Park - 10/12/2021Jan Applegate Parks, Recreation & Community Services 09/30/2021 10/06/2021 n/a 10006600.64190.5450, 5290 N/A Klim Roofing and Construction Inc Contract 335011 Original Roof Replacements at Hogan Park (2) and Garrison Creek Park Labor and materials to replace the roof on the concession stand and the roof on the score booth building at Hogan Park at Russell Road. Also labor and materials to replace the roof on the restroom at Garrison Creek Park. $25,927.45 Other 10/7/21 OK to sign, 10/7/21, TW. CAG2021-448 10/12/21 PUBLIC WORKS AGREEMENT - 1 (Over $20K and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Klim Roofing and Construction, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Klim Roofing and Construction, Inc. organized under the laws of the State of Washington, located and doing business at 21828 87 th Avenue S.E., Suite D, Woodinville WA 98072-8054; Contact: William Robert Laut, Phone: (425) 485-5546 (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: Labor and materials to replace the roof on the concession stand at Hogan Park at Russell Road, located at 24400 Russell Road, Kent WA 98032. Labor and materials to replace the roof on the score booth building behind Field 1 at Hogan Park at Russell Road, located at 24400 Russell Road, Kent WA 98032. Labor and materials to replace the roof on the restroom at Garrison Creek Park, located at 9615 South 218th Street, Kent WA 98031. section of each Proposal, which are specifically excluded from and not incorporated into this Agreement. 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 15 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by November 30, 2021. 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 TWENTY FIVE THOUSAND NINE HUNDRED TWENTY SEVEN DOLLARS AND FORTY FIVE CENTS ($25,927.45), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. Any additional work or cost that exceeds this amount will require an amendment to this Agreement and must be agreed upon by both parties in advance. 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. PUBLIC WORKS AGREEMENT - 2 (Over $20K and No Performance Bond) 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. 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 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 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 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 PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF 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 PUBLIC WORKS AGREEMENT - 3 (Over $20K and No Performance Bond) 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 City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the 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. T include, without limitation, any one or more of the following events: A. workers or proper materials for completion of the Contract work. B. Agreement. C. material or labor. D. The Contra regulations. E. F. 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 is project which may be used by the City without restriction. VI. PREVAILING WAGES. The 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 PUBLIC WORKS AGREEMENT - 4 (Over $20K and No Performance Bond) the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 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 . 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. PUBLIC WORKS AGREEMENT - 5 (Over $20K and No Performance Bond) At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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 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 discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. PUBLIC WORKS AGREEMENT - 6 (Over $20K and No Performance Bond) 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. 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 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 the 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 PUBLIC WORKS AGREEMENT - 7 (Over $20K and No Performance Bond) Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any 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 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 PUBLIC WORKS AGREEMENT - 8 (Over $20K and No Performance Bond) to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: William Robert Laut Klim Roofing and Construction, Inc. 21828 87th Avenue S.E. Suite D Woodinville, WA 98072-8054 (206) 856-8919 (cell) or (425) 485-5546 (telephone) n/a (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-9548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 10/12/2021 PUBLIC WORKS AGREEMENT - 9 (Over $20K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this 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 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 (Over $20K and No Performance Bond) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or su 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 policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. PUBLIC WORKS AGREEMENT - 11 (Over $20K and No Performance Bond) 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 (Over $20K and No Performance Bond) 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 (September 2, 2021 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. Klim Roofing and Construction, Inc. 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. Klim Roofing and Construction Inc. 21828 87th Ave SE Unit D Woodinville, WA. 98072 r■ (425)485-5546 Proposal by Bill Laut L 1 M City Of Kent Phone Hogan Concession Fax ROOFING & CONSTRUCTION 0 Other# Roof Specifications Area of work: Entire Roof Site address: Place disposal container as needed to dump roof debris directly into the dumpster and haul away (driveway) Remove (1) layer of existing Metal Roof panels Inspect existing plywood substrate Remove existing gutter system and install new 24ga gutter Install Ice and Water Self Adhering membrane over entire surface Install starter strip on all starter courses and rake edges Install new 26 gauge baked on pre -painted roof to wall flashing and step flashing along walls and around chimney Install new 26 gauge baked on pre -painted drip flashing and starter flashing at all rakes and eaves Install new 26 gauge baked on pre -painted w-valley flashing in all valleys Install new pipe flashings around plumbing vents Install composition shingle of builders choice using electrogalvanized nails Install hip and ridge using electrogalvanized nails * 20 Year Workmanship Warrant * Proposal good thru September 2021 WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATIONS, FOR THE APPROPRIATE SUM LISTED BELOW. Subtotal IKO Cambridge AR $16,739.00 Options IKO Cambridge AR 10.1 % Tax $1,690.64 $18,429.64 ADDITIONAL WORK Additional All material is guaranteed to be as specified. This agreement shall become binding upon acceptance and constitutes the entire contract. The customer has the right to cancel within three days from signing, by certified and/or registered mail. This proposal has been priced with the assumption that Klim Roofing can have access to load all materials directly on the roof and that a dumpster can be set close to the roof edge. Any deviation from this agreement will result in charges to the customer, unless specified before signing the contract. Klim Roofing shall not be responsible for damage to driveways from dumpsters or loading trucks due to poor construction of concrete or asphalt. This includes, but is not limited to: erosion, air pockets, or roots growing under the driveway. If the customer wishes, they can pay an additional cost to have all material hand loaded and all debris packed out to a dumpster on the street. Klim Roofing shall not be responsible for delays due to weather, strikes, fire, accidents, or cause beyond its control. Al employees are insured for liability and property damage. Klim Roofing will do its best to avoid damage to gutters, but due to the proximity to the roof, the gutters cannot be warranted against damage. The contractor will need access to power. All Payment is due immediately upon completion of work. Customer signature Klim Roofing signature X Dare Payment terms: 0 down and the balance upon completion. Above prices consider a discount for payment with cash or check. Klim Roofing and Construction Inc. 21828 87th Ave SE Unit D Woodinville, WA 98072 425-422-8991 chad@klimroofing.com Proposal by Chad Baker L 1 M City Of Kent Phone Russell Building Fax ROOFING & CONSTRUCTION Other# Roof Specifications Area of work: Entire Roof Site address: Russell Building Protect customers grounds and landscaping with tarps and plywood as needed Place disposal container as needed to dump roof debris directly into the dumpster and haul away (driveway) Remove (1) layer of existing roof shingles Inspect existing roof sheathing and replace as needed (see page 2) Install 15# ASTM synthetic underlayment over entire surface Install 26 gauge baked on pre -painted 1 "x3" starter metal flashing on all gutter -to -roof transitions Install 26 gauge baked on pre -painted 1.5"x1.5" drip edge flashing on all gabled edges Install (1) new flashing's on all pipe penetrations Install starter strip on all starter courses and rake edges Install IKO Cambridge AR laminate composition shingle using electro galvanized nails Install hip and ridge using electro galvanized nails Site, roof and gutters to be left clear and clean of all roof related debris * 20 Year Workmanship Warranty * Proposal good through September 2021 WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR IKO Cambridge AR Color: Dual Black 10.1 % Tax COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATIONS, FOR THE APPROPRIATE SUM LISTED BELOW. Subtotal Approve product w/signature $2,838.00 X $286.64 $3,124.64 X Date Date X Date YOUR CITY MAY REQUIRE A PERMIT- NOT INCLUDED IN PRICE Terms: 0 down and the balance on completion. Above prices consider a discount for cash payment. Price includes Washington state sales tax. ADDITIONAL WORK ADDITIONAL: Any additional work will be billed on a time and materials basis ($65 per man hours plus materials) Any bad plywood will be removed and replaced at cost of $110 per sheet Price based off roof top delivery of materials, ground drop will have added cost Price based off disposal of roofing debris directly into dumpster from roof, ground drop will have added cost *Klim Roofing is not responsible for sheetrock or plaster cracks due to roofing operations* *Due to fluctuation in lumber prices sheafhin_g price is subject to chan_pe at time of roof installation* All material is guaranteed to be as specified. This agreement shall become binding upon acceptance and constitutes the entire contract. The customer has the right to cancel within three days from signing, by certified and/or registered mail. This proposal has been priced with the assumption that Klim Roofing can have access to load all materials directly on the roof and that a dumpster can be set close to the roof edge. Any deviation from this agreement will result in charges to the customer, unless specified before signing the contract. Klim Roofing shall not be responsible for damage to driveways from dumpsters or loading trucks due to poor construction of concrete or asphalt. This includes, but is not limited to: erosion, air pockets, or roots growing under the driveway. If the customer wishes, they can pay an additional cost to have all material hand loaded and all debris packed out to a dumpster on the street. Klim Roofing shall not be responsible for delays due to weather, strikes, fire, accidents, or cause beyond its control. All employees are insured for liability and property damage. Klim Roofing will do its best to avoid damage to gutters, but due to the proximity to the roof, the gutters cannot be warranted against damage. The contractor will need access to power. All Payment is due immediately upon completion of work. Customer signature Klim Roofing signature X Date Payment terms: 0 down and the balance upon completion. Above prices consider a discount for payment with cash or check. Klim Roofing and Construction Inc. 21828 87th Ave SE Unit D Woodinville, WA 98072 425-422-8991 chad@klimroofing.com Proposal by Chad Baker L 1 M City Of Kent Phone Garrison Creek Fax ROOFING & CONSTRUCTION Other# Roof Specifications Area of work: Entire Roof Site address: Garrison Creek Protect customers grounds and landscaping with tarps and plywood as needed Place disposal container as needed to dump roof debris directly into the dumpster and haul away (driveway) Remove (1) layer of existing roof shingles Inspect existing roof sheathing and replace as needed (see page 2) Install 15# ASTM synthetic underlayment over entire surface Install 26 gauge baked on pre -painted 1 "x3" starter metal flashing on all gutter -to -roof transitions Install starter strip on all starter courses and rake edges Install IKO Cambridge AR laminate composition shingle using electro galvanized nails Install hip and ridge using electro galvanized nails Site, roof and gutters to be left clear and clean of all roof related debris * 20 Year Workmanship Warrant * Proposal good through September 2021 WE PROPOSE HEREBY TO FURNISH MATERIAL AND LABOR - COMPLETE IN ACCORDANCE WITH ABOVE SPECIFICATIONS, FOR THE APPROPRIATE SUM LISTED BELOW. Subtotal Approve product w/signature Cambridge AR IKO $3,972.00 Color: Dual Black 10.1 % Tax $401.17 $4, 373.17 X Date X Date X Date YOUR CITY MAY REQUIRE A PERMIT- NOT INCLUDED IN PRICE Terms: 0 down and the balance on completion. Above prices consider a discount for cash payment. Price includes Washington state sales tax. ADDITIONAL WORK ADDITIONAL: Any additional work will be billed on a time and materials basis ($65 per man hours plus materials) Any bad plywood will be removed and replaced at cost of $110 per sheet Price based off roof top delivery of materials, ground drop will have added cost Price based off disposal of roofing debris directly into dumpster from roof, ground drop will have added cost *Klim Roofing is not responsible for sheetrock or plaster cracks due to roofing operations* *Due to fluctuation in lumber prices sheafhin_g price is subject to chan_pe at time of roof installation* All material is guaranteed to be as specified. This agreement shall become binding upon acceptance and constitutes the entire contract. The customer has the right to cancel within three days from signing, by certified and/or registered mail. This proposal has been priced with the assumption that Klim Roofing can have access to load all materials directly on the roof and that a dumpster can be set close to the roof edge. Any deviation from this agreement will result in charges to the customer, unless specified before signing the contract. Klim Roofing shall not be responsible for damage to driveways from dumpsters or loading trucks due to poor construction of concrete or asphalt. This includes, but is not limited to: erosion, air pockets, or roots growing under the driveway. If the customer wishes, they can pay an additional cost to have all material hand loaded and all debris packed out to a dumpster on the street. Klim Roofing shall not be responsible for delays due to weather, strikes, fire, accidents, or cause beyond its control. All employees are insured for liability and property damage. Klim Roofing will do its best to avoid damage to gutters, but due to the proximity to the roof, the gutters cannot be warranted against damage. The contractor will need access to power. All Payment is due immediately upon completion of work. Customer signature Klim Roofing signature X Date Payment terms: 0 down and the balance upon completion. Above prices consider a discount for payment with cash or check. 9/28/21, 2:37 PM about blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/28/2021 County_ Trade Job Classification Wage Holiday Overtime Note *Risk Class King Roofers King Roofers Journey Level $57.30 5A Using Irritable Bituminous $60.30 5A Materials 3H View 3H View about:blank 1 /1 9/28/21. 2:38 PM about blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Apprentice Level Prevailing Wage Rates for King County and Roofers Trade for the Effective Date: 9/28/2021 Step Occupation Begin End Apprentice Holiday Overtime Note Hours Hours Wage Step 1 Roofer 1 1000 $36.53 5A 3H Step 2 Roofer 1001 2000 $38.58 5A 3H Step 3 Roofer 2001 3000 $42.69 5A 3H Step 4 Roofer 3001 4000 $49.09 5A 3H Step 5 Roofer 4001 5000 $53.20 5A 3H about blank 1/1 EXHIBIT B INSURANCE REQUIREMENTS 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: 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. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. 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 $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. EXHIBIT B (Continued) 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. 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 ANII. 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. r 1 0 DATE (MMIDDNYYY) A �►�o CERTIFICATE OF LIABILITY INSURANCE 09/28/2021 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 endorsements . ColurACT Matthew Gunther PRODUCER NAME:_. _ — PHONE Wc (A,25) 949-7285 , iVo :. (425) 320-4327 Risk Strategies, LLC {Al.C,.N.a..F.at1: I- U-^ 11314 4th Ave W Afl �ESB: endorsements4briskstrategiesins.com Suite 208 INSUF!ERtStAFFORO Nt3 CpVERAl3E NAIC # Everett WA 98204 INSURER A ; Clear Blue Spevialty Insurance Company. INSURED INSURERB. Travelers Klim Roofing and Construction Inc INSURERC: National Union Fire Ins Co of Pittsburgh, PA. 21828 87th AVE SE jNSUIR Ste D INSURER E : Woodinville WA 98072 INSURERF: COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBI EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM: �� TYPE OF INSURANCE 1pDDLSIIB POLICY NUMBER POLICY EFF µOLICYE7fP ED 1��MMERCIAL GENERAL LIABILITY CLAIMS -MADE �X OCCUR A l I Y I Y' AR01-RS-2100707-02 108/07/2021108/07/2022 _GEN'L AGGREGATE LIMIT APPLIES PER: POLICY J JEC LOC I " AUTOMOBILE LIABILITY ANY AUTO X B -� OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY U Y Y BA-2N777030-21-42-G I 08/07/2021 08/07/2022 UMBRELLA LU1B OCCUR C X EXCESS LIAB CLAIMS MADE Y Y EBU 034213883 06/03/2021 08/07/2022 DEO I I RETENTIONS WORKERS COMPENSATION A AND EMPLOYERS' LIABILITY ANY FFICER RIETORIPACLUDED? CITI'IVE Y❑ OFFICER/MEMBER EXCLUDED? N/A AR01-RS-2100707-02 08/07/2021 08/07/2022 (Mandatory in NHI DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is regr Certificate holder is included as additional insured when required by written contract per the attached blanket eni favor of additional insureds. This insurance is primary and noncontributory. CERTIFICATE HOLDER CA RFVICInN NI IMRFR- ED NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS D HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS EACH OCCURRENCE S 1,000.000 +SI. ENTED — 1019,000 PREMISES (Ee occurrence)_ 5 MEDEXP oney9reon S 10.000 PERSONAL & ADV INJURY 5 1,000,000 GENERAL AGGREGATE 5 2.000.000 PRODUCTS - COMP/OP AGG S 2.000.000 COMBINED SINGLE LIMIT $ 1,600,000 �V. BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ — -- (P EACHOCCURRENCE $ 1,000.000 AGGREGATE $ 1,000.000 s P@ ufE X oRTH- Stop Gap E.L. EACH ACCIDENT $ 1,000-000 EL. DISEASE . EA EMPLOYEE $ 1,000-000 El DISEASE - POLICY LIMIT $ 1.000.000 red) orsements. A waiver of subrogation applies in SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent WA 98032 Matt Gunther ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered (narks of ACORD POLICY NUMBER: AR01-RS-2100707-02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 06 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 13 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AR01-RS-2100707-02 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 ©insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AR01-RS-2100707-02 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 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 of the additional insured(s) at the location 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 organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 C Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: AR01-RS-2100707-02 COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP - EMPLOYERS LIABILITY COVERAGE ENDORSEMENT - WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily In u By Accident $ 11,000.000 Each Accident Bodily Injury By Disease $ I 1,000,000 Aggregate Limit Bodily Injury By Disease $ 11.000.000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The following is added to Section I — Coverages: COVERAGE — STOP GAP — EMPLOYERS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by Washington Law to pay as damages because of "bodily injury by accident" or "bodily injury by disease" to your "employee" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages to which this insurance does not apply. We may, at our discretion, investigate any accident and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only if: (1) The: (a) "Bodily injury by accident" or "bodily injury by disease" takes place in the "coverage territory"; (b) "Bodily injury by accident" or "bodily injury by disease" arises out of and in the course of the injured "employee's" employment by you; and (c) "Employee", at the time of the injury, was covered under a worker's compensation policy and subject to a "workers compensation law" of Washington; and (2) The: (a) "Bodily injury by accident" is caused by an accident that occurs during the policy period; or CG 04 4211 03 0 ISO Properties, Inc., 2003 Page 1 of 4 ❑ (b) "Bodily injury by disease" is caused by or aggravated by conditions of employment by you and the injured "employee's" last day of last exposure to the conditions causing or aggravating such "bodily injury by disease" occurs during the policy period. c. The damages we will pay, where recovery is permitted by law, include damages: (1) For: (a) Which you are liable to a third party by reason of a claim or "suit" against you by that third party to recover the damages claimed against such third party as a result of injury to your "employee"; (b) Care and loss of services; and (c) Consequential "bodily injury by accident" or "bodily injury by disease" to a spouse, child, parent, brother or sister of the injured "employee"; provided that these damages are the direct consequence of "bodily injury by accident" or "bodily injury by disease" that arises out of and in the course of the injured "employee's" employment by you; and (2) Because of "bodily injury by accident" or "bodily injury by disease" to your "employee" that arises out of and in the course of employment, claimed against you in a capacity other than as employer. 2. Exclusions This insurance does not apply to: a. Intentional Injury "Bodily injury by accident" or "bodily injury by disease" intentionally caused or aggravated by you, or "bodily injury by accident" or "bodily injury by disease" resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. b. Fines Or Penalties Any assessment, penalty, or fine levied by any regulatory inspection agency or authority. c. Statutory Obligations Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any contract or agreement. e. Violation Of Law "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your "executive officers". f. Termination, Coercion Or Discrimination Damages arising out of coercion, criticism, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination against or termination of any "employee", or arising out of other employment or personnel decisions concerning the insured. g. Failure To Comply With "Workers Compensation Law" "Bodily injury by accident" or "bodily injury by disease" to an "employee" when you are: (1) Deprived of common law defenses; or (2) Otherwise subject to penalty; because of your failure to secure your obligations or other failure to comply with any "workers compensation law". h. Violation Of Age Laws Or Employment Of Minors "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any person: (1) Knowingly employed by you in violation of any law as to age; or (2) Under the age of 14 years, regardless of any such law. i. Federal Laws Any premium, assessment, penalty, fine, benefit, liability or other obligation imposed by or granted pursuant to: (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non -appropriated Fund Instrumentalities Act (5 USC Sections 8171-8173); Page 2 of 4 C ISO Properties, Inc., 2003 CG 04 4211 03 ❑ (3) The Longshore and Harbor Workers' Compensation Act (33 USC Sections 910-950); (4) The Outer Continental Shelf Lands Act (43 USC Section 1331-1356); (5) The Defense Base Act (42 USC Sections 1651-1654); (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 901-942); (7) The Migrant and Seasonal Agricultural Worker Protection Act (29 USC Sections 1801-1872); (8) Any other workers compensation, unemployment compensation or disability laws or any similar law; or (9) Any subsequent amendments to the laws listed above. j. Punitive Damages Multiple, exemplary or punitive damages. k. Crew Members "Bodily injury by accident" or "bodily injury by disease" to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage — Stop Gap Employers Liability as well as to Coverages A and B. C. For the purposes of this endorsement, Section II — Who Is An Insured, is replaced by the following: If you are designated in the Declarations as: 1. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. 3. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Na person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. For the purposes of this endorsement, Section III — Limits Of Insurance, is replaced by the following: 1. The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The "Bodily Injury By Accident" — Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of "bodily injury by accident" to one or more "employees" in anyone accident. 3. The "Bodily Injury By Disease" — Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of "bodily injury by disease", regardless of the number of "employees" who sustain "bodily injury by disease". 4. Subject to Paragraph D.3. of this endorsement, the "Bodily Injury By Disease" — Each "Employee" Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of "bodily injury by disease" to any one "employee". The limits of the coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 3 of 4 0 E. For the purposes of this endorsement, Condition 2. — Duties In The Event Of Occurrence, Claim Or Suit of the Conditions Section IV is deleted and replaced by the following: 2. Duties In The Event Of Injury, Claim Or Suit a. You must see to it that we or our agent are notified as soon as practicable of a "bodily injury by accident" or "bodily injury by disease" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "bodily injury by accident" or "bodily injury by disease" took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the injury, claim, proceeding or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us and assist us, as we may request, in the investigation or settlement of the claim or defense against the "suit"; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply; and (5) Do nothing after an injury occurs that would interfere with our right to recover from others. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. F. For the purposes of this endorsement, Paragraph 4. of the Definitions Section is replaced by the following: 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; or c. All other parts of the world if the injury or damage arises out of the activities of a person whose home is in the territory described in a. above, but who is away for a short time on your business; provided the insured's responsibility to pay damages is determined in the United States (including its territories and possessions), Puerto Rico, or Canada, in a suit on the merits according to the substantive law in such territory, or in a settlement we agree to. G. The following are added to the Definitions Section: 1. "Workers Compensation Law" means the Workers Compensation Law and any Occupational Disease Law of Washington. This does not include provisions of any law providing non -occupational disability benefits. 2. "Bodily injury by accident" means bodily injury, sickness or disease sustained by a person, including death, resulting from an accident. A disease is not "bodily injury by accident" unless it results directly from "bodily injury by accident". 3. "Bodily injury by disease" means a disease sustained by a person, including death. "Bodily injury by disease" does not include a disease that results directly from an accident. H. For the purposes of this endorsement, the definition of "bodily injury" does not apply. Page 4 of 4 © ISO Properties, Inc., 2003 CG 04 4211 03 0 4100 • KENT WASHINGTON City of Kent Business License KLIM ROOFING & CONSTRUCTION INC 21828 87TH AVE SE STE D WOODINVILLE, WA 98072 Please tear at perforation ------------------------------------------------ BUSINESS LICENSE LICENSE MUST BE PAID ANNUALLY BY • JANUARY 1st TO AVOID PENALTY KENTIssuance of License Does Not Imply Licensee's W A S H I N G T O N Compliance with State and Local Laws THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE. NOT TRANSFERABLE OR ASSIGNABLE NAME AND ADDRESS OF BUSINESS BLOC-2200561 KLIM ROOFING AND CONSTRUCTION INC 21828 87TH AVE SE STE D WOODINVILLE, WA 98072 Tax Registration Endorsement Per RCW 82.14 local sales and use tax must be coded No. 1715 for all qualified sales within the city of Kent. 2021 IJ CAI - MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 Signature: xlr Email: japplegate@kentwa.gov Signature: kL Garin Lee (Oct 1, 202108:26 PDT) Email: glee@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: A� Brian Levenhagen (Oct 6, 202115:41 PDT) Email: bj[evenhagen@kentwa.gov KlimRoofing.2021 Final Audit Report 2021-10-06 Created: 2021-09-30 By: Janice Applegate Qapplegate@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAQbW8kkY1EYGB09U6L5JcCV2vH90GTG67 "KlimRoofing.2021" History s Document created by Janice Applegate (japplegate@kentwa.gov) 2021-09-30 - 10:49:38 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2021-09-30 - 10:54:41 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2021-09-30 - 10:54:44 PM GMT s Email viewed by Garin Lee (glee@kentwa.gov) 2021-10-01 - 3:24:34 PM GMT- IP address: 146.129.252.126 �}o Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2021-10-01 - 3:26:33 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to W.R. Laut (bill@klimroofing.com) for signature 2021-10-01 - 3:26:38 PM GMT Email viewed by W.R. Laut (bill@klimroofing.com) 2021-10-01 - 3:30:53 PM GMT- IP address: 54.215.213.243 Email viewed by W.R. Laut (bill@klimroofing.com) 2021-10-06 - 5:48:49 PM GMT- IP address: 3.101.152.15 �>o Document e-signed by W.R. Laut (bill@klimroofing.com) Signature Date: 2021-10-06 - 5:54:23 PM GMT - Time Source: server- IP address: 96.79.205.165 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-10-06 - 5:54:28 PM GMT s Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-10-06 - 8:11:30 PM GMT- IP address: 146.129.252.126 Adobe Sign Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-10-06 - 8:17:21 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-10-06 - 8:17:25 PM GMT s Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-10-06 - 10:40:33 PM GMT- IP address: 146.129.252.126 �o Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-10-06 - 10:41:09 PM GMT - Time Source: server- IP address: 146.129.252.126 ® Agreement completed. 2021-10-06 - 10:41:09 PM GMT a Adobe Sign