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HomeMy WebLinkAboutCAG2021-460 - Original - Christensen, Inc. - City of Kent Police Headquarters Renovation - 10/19/202110/14/2021 OK to sign, 10/19/2021, TW. Risk Mgmt approved insurance provided though it differs from the insurance exhibit. CAG2021-460 PUBLIC WORKS AGREEMENT - 1 (Over $20K with Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Christensen, Inc., General Contractor THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Christensen, Inc., General Contractor, organized under the laws of the State of Washington, located, and doing business at 2840 Crites St. SW, Suite 100, Tumwater, WA 98512, (360) 709-0330, Kevin Christensen, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Christensen, Inc., General contractor, shall provide all labor and materials to remodel the existing City of Kent Police Headquarters Building located at 232 4th Ave. South, Kent, WA 98032. The scope of work includes converting the current men's locker room into a training room, relocation of the locker room function to existing second floor storage room and adding three (3) new men's showers in the men's restroom. This project also consists of an addition to the staff breakroom at the NE corner of the building and an exterior covered meeting space, in accordance with the contractor's bid, which is attached and incorporated as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 10 calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by March 15, 2022. 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 $700,236.00, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City’s payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. PUBLIC WORKS AGREEMENT - 2 (Over $20K with Performance Bond) A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor’s signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City’s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR’S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor’s services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor’s services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. PUBLIC WORKS AGREEMENT - 3 (Over $20K with Performance Bond) F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable 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. PUBLIC WORKS AGREEMENT - 4 (Over $20K with Performance Bond) VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. 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 PUBLIC WORKS AGREEMENT - 5 (Over $20K with Performance Bond) 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR’S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor’s receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. 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. PUBLIC WORKS AGREEMENT - 6 (Over $20K with Performance Bond) The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means 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 PUBLIC WORKS AGREEMENT - 7 (Over $20K with Performance Bond) certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. / / / / / / / / / / / / / / IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to PUBLIC WORKS AGREEMENT - 8 (Over $20K with Performance Bond) 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: Kevin Christensen Christensen, Inc., General Contractor 2840 Crites St SW, Suite 100 Tumwater, WA 98512 (360) 709-0330 (telephone) (360) 709-0220 (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Diana Lazouski City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5083 (telephone) (253) 856-6080 (facsimile) APPROVED AS TO FORM: _________________________________________ Kent Law Department ATTEST: _________________________________________ Kent City Clerk [In this field, you may enter the electronic filepath where the contract has been saved] 10/19/2021 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2. 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 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: ________________________________________ BIDDER RESPONSIBILITY CRITERIA - 1 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Insert Bidder's Business Name By: __________________________________________ Signature of Authorized Official* Printed Name: _________________________________ Title: ________________________________________ Date: ________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. EXHIBIT A CITY OF KENT -CAPITAL PROJECTS BID DOCUMENT COVER SHEET KENT POLICE HEADQUARTERS RENOVATION SECTION 00 0200 CITY 4F KENT KING COUNTY, WASHINGTON Police Headquarters Renovation 232 4th Ave. South, KENT WA Project #FAC 21-01 RIPLEACCEPT__E_DONTIL September 21, 2021 11:00 A.M. BYO OPENING September 21, 2021 11:15 A.M. DELIVER TO CITY OF KENT, CITY HALL 220 4th Avenue S., Kent, WA 98032-5895 Nathen Harper Project Coordinator City of Kent Facilities / Parks Recreation & Community Services KENT WAS H I N G T O N Bidders Name Christensen Inc. Ggneral Contragor BID SET - AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Christensen Inc. GENERAL CONTRACTOR 2840 Crites St. SW, Suite ioo Tumwater, WA 98512 360-709-033o FAX 360-709-0220 e-mail proiadminCacincge cnm Order of Contents - Police Head uarters Renovation Project # FAC 21-01 • Bid Cover Sheet • Order of Contents • Invitation to Bid • Information for Bidders ■ Contractors Qualification Statement • Bidder's Checklist • Proposal • Subcontractor List • Contractor Compliance Statement ■ Declaration - City of Kent Equal Employment Opportunity Policy • Administrative Policy • Statement that Bidder Has Not Been Disqualified • Certification of Compliance with Wage Payment Statutes • Proposal Signature Page • Bid Bond • Combined Declaration Form • Change Order Form • Payment and Performance Bond • Contract • References • Contractor Resume CITY OF KENT — CAPITAL PROJECTS INVITATION TO BID KENT POLICE HEADQUARTERS RENOVATION SECTION 00 1000 INVITATION TO BID Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk's office through September 21, 2021 up to 11:00 a.m. as shown on the clock on the east wall of the City Clerk's Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington. All bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the City Clerk's office by the above -stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud immediately following 11:00 a.m. for the City of Kent project named as follows: Kent Police Headquarters Renovation Project Number: FAC 21-01 The City Clerk will read the bids out loud from the Clerk's office. Individuals can stand in the lobby outside the Clerk's office during the bid. Masks are required, regardless of vaccination status. The project consists of the following work at the existing site of the City of Kent Police Headquarters. • ADDITION TO THE STAFF BREAKROOM AT THE NORTHEAST CORNER OF BUILDING, INCLUDING EXTERIOR COVERED PATIO. • CONVERSION OF EXISTING MEN'S LOCKER ROOM INTO TRAINING ROOM. • RELOCATION OF LOCKER FUNCTION TO EXISTING SECOND FLOOR STORAGE ROOM. • PROVIDE (3) NEW SHOWERS IN MEN'S SHOWER. Should a contract be executed, it is the contractor's responsibility to comply with all COVID-19 workplace health and safety measures established by the state Department of Labor & Industries or otherwise imposed by the Governor, the state Department of Health, or the Local Health Officer of Seattle -King County Public Health, or subsequent modifications to such health and safety measures as those authorities may issue, including providing all needed personal protective equipment. The Engineer's estimated range for this project is approximately $650,000 to $750,000. Bid documents are those prepared by Studio Meng Strazzara, 2001 Western Avenue, Suite 200, Seattle, WA 98121, and will be available beginning August 25th, 2021. Each bid shall be in accordance with the plans and specifications and other contract documents, which are available as follows: • Digital plans and specifications in PDF format may be downloaded at no charge at KentWA.gov/doing-business/bids-procurement. ■ Hard copies may be obtained by contacting ARC Document Solutions between the hours of 8:00 a.m. and 5:00 p.m. Contact information as follows: Arc Document Solutions 2730 Occidental Ave S Seattle, WA 98134 (206) 622-6000 E-mail: seattle.bid.services@e-arc.com BID SET — AUGUST 2021 Page 1 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS INVITATION TO BID KENT POLICE HEADQUARTERS RENOVATION SECTION 00 1000 • Bidding Documents are also available to members of Builders Exchange of Washington, inc. (www.bxwa.com). For technical questions about accessing the bid documents, contact Bryant Draper of Studio Meng Strazzara at 206-587-3797 or Nathen Harper of Kent Capital Projects at 253-856-5082. For project and design related questions, contact Bryant Draper of Studio Meng Strazzara at 206-587-3797. A pre -bid conference and site walk-through will be held Thursday, September 91h, 2021, at 10:00 AM at Kent Police Headquarters, 232 41h Ave. S, Kent, WA 98032. The site walk-through is not mandatory, but highly encouraged. Additional pre -bid walk-throughs of the subject areas may be scheduled. Contact Nathen Harper, Facilities Capital Projects Manager for Kent, by phone (253-856-5082) or e-mail (NHarper@kentwa.gov) to schedule an appointment. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles or electronic submittals will be considered. Apprentice Utilization Requirements are mandatory for all public works expected to cost one million dollars or more, in which case no less than 15% of the labor hours must be performed by apprentices. KCC 6.01.030. A cashier's check, cash or surety bond in the amount of 5% of the bid must be included with the bid. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof. Note: The award of the contract will not occur until the City of Kent has reviewed all bids for responsiveness and responsibility determinations and the Kent City Council has formally awarded the contract. No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract. Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No. 11246. No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. Dated this 201h day of August, 2021. BY: Kimberle"Vomot�oC , ity Clerk Published: Daily Journal of Commerce on August 25th and September 1" City of Kent Website (KentWA.gov/doing-business/bids-procurement) BID SET — AUGUST 2021 Page 2 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION INFORMATION FOR BIDDERS SECTION 00 2000 SECTION 00 2000 - INFORMATION FOR BIDDERS 1. Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract Documents. The City reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents. The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the City, in its soled judgment, determines is also responsible and able to perform the contract work (the "lowest responsive and responsible bidder'). 2. All blanks in the proposal forms must be appropriately filled in. Proposal must contain original signature pages. Facsimiles are not acceptable and are considered non -responsive submittals. 3. All bids must be sealed and delivered in accordance with the "Invitation to Bid." Bids must be received at the City Clerk's office by the stated time, regardless of delivery method, including U.S. Mail. 4. The City also reserves the right to include or omit any or all schedules or alternates of the Proposal and will award the contract to the lowest responsive, responsible bidder based on the total bid amount, including schedules or alternates selected by the City. A bidder who wished to claim error after the Bids have been opened and tabulated shall submit a notarized affidavit signed by the Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award. The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid. The affidavit and the work sheets shall be submitted to the Project Manager no later than 5:00 p.m. on the first business day after Bid opening, or the claim will not be considered. The Architect will review the certified work sheets to determine validity of the claimed error and make a recommendation to the City. If the City concurs in the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of the Bidder will be returned. Thereafter, at the discretion of the City, all Bids may be rejected, or award made to the next lowest responsive, responsible Bidder. 5. The form of contract that the successful bidder, as the Contractor, will be required to execute, and the forms and the amount of surety bonds that it will be required to BID SET — AUGUST 2021 Page 1 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scai CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION INFORMATION FOR BIDDERS SECTION 00 2000 furnish at the time of execution of the contract are included in the bid documents and should be carefully examined. The contract and the Surety Bonds will be executed in two (2) original counterparts. Within 10 calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law. If the successful bidder fails to provide these documents within the 10-day period, the City may, at its sole discretion, reduce the time for completion of the contract work by one calendar day for each calendar day after this 10-day period that the successful bidder fails to provide all required documents. Until the City executes a contract, no proposal shall bind the City nor shall any work beg in within the project limits or within City -furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City. No claim for delay shall be granted to the contractor due to his failure to submit the required documents to the City in accordance with this schedule. 6. The "Payment and Performance Bond" shall remain in force for one year following the Kent City Council 'Final Acceptance Date" of the project to ensure defects are corrected during the one-year guarantee period in compliance with WSDOT Section 1-05.10 (Guarantees), and the Performance Bond language of the contract. 7. Any decision made by the City regarding the award and execution of the contract or bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington State Law. Such review, if any, shall be timely filed in the Superior Court of King County, located in Kent, Washington. 8. The Contractor shall include all costs of doing the work within the bid item prices. In the contract plans, contract provisions, addenda, or any other part of the contract require work that has no bid item price in the proposal form, the entire cost of labor and material required to perform the work shall be incidental and included with the bid item prices in the contract. 9. Refer to the insurance requirements in the project contract, which constitute the Contractor's Insurance requirements for this project. BID SET — AUGUST 2021 Page 2 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 SECTION 00 3300 - CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S RESPONSES TO THIS FORM TO DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM THE CONTRACT WORK. THIS FORM INCLUDES CRITERIA ESTABLISHED BY STATE LAW THAT MUST BE MET TO BE CONSIDERED A RESPONSIBLE BIDDER AND QUALIFIED TO BE AWARDED THIS PUBLIC WORKS PROJECT AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROJECT. THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY. Indicia of contractor's responsibility inherently involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and its taxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perform the contract work. The city's supplemental criteria are based, in large part, on the qualification statement form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make its decision regarding the bidder's ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city's decision that a bidder is or is not responsible to perform the contract work. Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline. If the city's evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria. If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city's reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city's determination. No appeals will be received after the expiration of this 24-hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses regular mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder's right to appeal is limited to BID SET — AUGUST 2021 Page 1 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT - CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work. If the bidder fails to request a modification within the time allowed, or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will make its determination of bidder responsibility based on the information submitted. COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS NON -RESPONSIVE AND THEREFORE VOID. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading. SUBMITTED BY: Christensen Inc. General Contractor NAME: Joe Presto ADDRESS: 2840 Crites St SW Suite 100 Tumwater, WA 98512 PRINCIPAL OFFICE: Tumwater, WA ADDRESS: 2840 Crites St SW Suite 100 Tumwater, WA 98512 PHONE: (360) 709-0330 FAX: _(360) 709-0220 BID SET - AUGUST 2021 Page 2of7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 STATUTORY REQUIREMENTS — Per state law a bidder Must meet the following responsibility criteria 1. Required Responsibility Criteria 1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW. Attached 1.2 Provide your current state unified business identifier number. 601-546-765 1.3 Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington "Master License Service Registration and Licenses" form is typically sufficient evidence of the requirements of this subsection. 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 1.5 Provide a signed statement, signed under penalty of perjury by a person with authority to act and speak for your company, that within the three- year period immediately preceding the bid solicitation date, your company is not a "willful" violator as defined in RCW 49.48.082, of any provisions 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. 1.6 Provide proof that a designated person or persons with your company has either received training from the department of labor and industries or an approved training provider on the requirements related to public works and prevailing wages under chapter 39.04 RCW and 39.12 RCW or provide proof that your company has completed three or more public works projects and have had a valid business license in Washington for three or more years and are exempt from this training requirement. BID SET —AUGUST 2021 Page 3 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 SUPPLEMENTAL CRITERIA — Established by the City to determine bidder responsibility 2. ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? 27 2.2 How many years has your organization been in business under its present business name? 27 2.2.1 Under what other or former names has your organization operated? N/A 2.3 If your organization is a corporation, answer the following: 2.3.1 Date of incorporation: 6/2/1994 2.3.2 State of incorporation: Washington 2.3.3 President's name: Kevin Christensen 2.3.4 Vice-president's name(s): Reid Christensen and Colin Christensen 2.3.5 Secretary's name: Barbara Christensen 2.3.6 Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.4.1 Date of organization: 2.4.2 Type of partnership (if applicable): 2.4.3 Name(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: 2.5.1 Date of organization: 2.5.2 Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING 3.1 List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate license numbers, if applicable. Construction - License # CHRISIG066LB 3.2 List jurisdictions in which your organization's partnership or trade name is filed. Construction BID SET — AUGUST 2021 Page 4 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Coal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 4. EXPERIENCE 4.1 List the categories of work that your organization normally performs with its own forces. Demo, framing, concrete, siding, roofing, finish work, and metal building erection. 4.2 Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 4.2.1 Has your organization ever failed to complete any work awarded to it? No 4.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No 4.2.3 Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? No 4.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No 4.4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. 4.4.1 State total worth of work in progress and under contract: 31.3 Mil 4.5 On a separate sheet, list the major projects your organization has completed in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces. 4.5.1 State average annual amount of construction work performed during the past five years: 17 Mil 4.6 On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4.7 On a separate sheet, list your major equipment. Manlifts and forklifts S. REFERENCES 5.1 Trade References: Ketola/Targus Painting (360) 456-1224 BID SET — AUGUST 2021 Page 5 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 5.2 Bank References: Alexis Alverson TwinStar CU (360) 923-4450 5.3 Surety: 5.3.1 Name of bonding company: Travelers Casualty and Surety Co. of America 5.3.2 Name and address of agent: Tiffany Karpavicius 1802 Black Lake Blvd SW, Suite 301 6. FINANCING Olympia, WA 98512 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusal to provide this information may result in rejection of that bidder's bid. 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Other Assets; Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries and accrued payroll taxes); Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6.1.2 Name and address of firm preparing attached financial statement, and date thereof: 6.1.3 Is the attached financial statement for the identical organization named on page one? 6.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent- subsidiary). 6.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? BID SET — AUGUST 2021 Page 6 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CONTRACTOR'S QUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3300 7. SIGNATURE 7.1 Dated at this 21 day of September Name of Organization: Christensen Inc. General Contractor ay:Joe P[astQ Title: General Manager 7.2 e� Q� , being duly sworn, deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. Subscribed and sworn befor me this 2—\ day of r, 2021. Notary Public:U'AQ, A'�_ �..� � ZV ��J C��E HOZVS,`f�. My Commission Expires:,. OTA9� �; 2 , = My Comm. Fires ; June 5, 2023 c� No.208403 2 'F r``�, BID SET —AUGUST 2021 Page 7 of 7 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT - CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION BID SUBMITTAL CHECKLIST SECTION 00 2100 SECTION 00 2100 - BID SUBMITTAL CHECKLIST The following checklist is a guideline to help the Contractor understand the make sure all forms are complete, The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result In rejection of any bid. Bidder's Package should include the following: Bid Document Cover Sheet filled out with Bidder's Name <Section 00 0200> Order of Contents, provided by Bidder for submitted documents Invitation to Bid <Section 00 1000> Information for Bidders <Section 00 2000> Contractor's Qualification Statement <Section 00 3300> Complete and notarized Bidder's Checklist <Section 00 2100> Proposal <Section 00 3000> First line of proposal - filled in Unit prices are correct Subcontractor List (contracts over $100K) <Section 00 3200> Subcontractors listed properly Signature Contractor Compliance Statement <Section 4600> Date Have/have not participated acknowledgment Signature and address Declaration - City of Kent Equal Employment Opportunity Policy <Section 00 4400> Date and signature Administrative Policy <Section 00 4400> Statement that Bidder Has Not Been Disqualified <Section 00 4100> Certification of Compliance with Wage Payment Statutes <Section 00 4800> Proposal Signature Page <Section 00 3000> All Addenda acknowledged Date, signature and address Bid Bond Form <Section 00 3100> Signature, sealed and dated Power of Attorney (Amount of bid bond shall equal 5% of the total bid amount) Combined Declaration Form <Section 00 4700> Signature Change Order Form (Example) <Section 00 4900> Payment and Performance Bond <Section 00 4200> Contract <Section 00 7000> The following forms are to be executed after the Contract is awarded: A) CONTRACT This agreement Is to be executed by the successful bidder. B) PAYMENT AND PERFQRMANCE BOND To be executed by the successful bidder and its surety company. The following form is to be executed after the Contract is completed: A) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT To be executed by the successful bidder AFTER COMPLETION of this contract. BID SET - AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS BID PROPOSAL KENT POLICE HEADQUARTERS RENOVATION SECTION 00 2100 SECTION 00 2100 — BID PROPOSAL City of Kent Police Headquarters Renovation Proposal of (hereinafter called the "Bidder"), organized and existing under the laws of the State of Washington and doing business as * Christensen Inc. General Contractor (*Insert "a corporation", "a partnership", or "an individual") To the OWNER (City of Kent): In compliance with your Invitation to Bid, the Bidder hereby proposes to furnish all labor and materials specified herein necessary for and incidental to the completion of the work in strict accordance with the Contract Documents, within the time set forth herein, and at the lump sum price stated below (not including WSST) . A. LUMP SUM BASE BID: Provide all labor and materials required for the addition and miscellaneous improvements as shown on the drawings and as specified in the project manual for the lump sum price (which does not include Washington State Sales Taxes (WSST)). TOTAL BASE BID (numerals) $_� TOTAL BASE BID (words) 11��C'�' B. WITHDRAWAL OF BID: No bidder may withdraw his/her bi d for a period of sixty (60) calendar days after the day of bid opening. C. TIME OF COMPLETION: The work of this contract shall commence from the Notice to Proceed and the work specified in Lump Sum Base Bid shall be substantially completed by March 15, 2022 for all the work. D. STATE SALES TAX: The undersigned agrees that the above -named Lump Sum and Bid Alternate do not include Washington State and local sales taxes (WSST). WSST will be paid to the Contractor with each pay application. E. OVERHEAD AND PROFIT: The undersigned agrees that the above Bids do include overhead, profit, and all other expenses involved. BID SET — AUGUST 2021 Page 1 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION BID PROPOSAL SECTION 00 2100 F. COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this contract within ten (10) calendar days after the Notice to Proceed and to fully complete the work within the time established in paragraph C of this proposal. H. BID SECURITY: Bid security is required for this project. A Performance and Payment bond will be required of the successful bidder. I. ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. J. SELECTION CRITERIA: This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows: 1. Responsiveness. The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid. 2. Responsibility. The Owner will consider all material submitted by the contractor, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of successfully completing contracts of this type. The following elements may be given consideration by the Owner in determining whether a contractor is a responsible contractor: a) The ability, capacity, and skill of the contractor to perform the contract and/or provide the service required. b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; c) Whether the contractor can perform the contract and do so within the time specified; d) the quality of performance by the contractor on previous and similar contracts; e) The previous and existing compliance by the bidder with laws relating to the contract or services; and f) such other information as may be secured having bearing on the decision to award the contracts. When requested by the Owner, contractors shall furnish acceptable evidence of the contractor's ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such information upon request may cause the bid to be rejected. 3. Lowest Bid: The lowest bid BID SET — AUGUST 2021 Page 2 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT - CAPITAL PROJECTS SUBCONTRACTOR LIST KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3200 SECTION 00 3200- SUBCONTRACTOR LIST (Contracts over $100,000) List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10% of the total bid contract price, List each bid item to be performed by each designated subcontractor in numerical sequence, If no subcontractors will be performing 10% or more of the work, Indicate this by writing "None" and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid. Project Name: Project Number: Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers CONTRACTOR'S SIGNATURE City of Kent Police Headquarters Renovation FAC21-01 BID SET - AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4400 SECTION 00 4400 — EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmative response is required on all the following questions for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement. The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement, I will not discriminate in employment based on sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. S. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By:-� For: Jae Presto - Christensen Inc. General Contractor Title: General Manager Date: 09/21 /2021 EEO COMPLIANCE DOCUMENTS - 1 BID SET — AUGUST 2021 Page 1 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION EXECUTIVE ORDER COMPLIANCE SECTION 00 4600 SECTION 00 4600 - EXECUTIVE ORDER COMPLIANCE (President's Executive Order #11246) Date 09/21 /2021 This statement relates to a proposed contract with the City of Kent named City of Kent Police Headquarters Renovation Project Number: FAC21-01 I am the undersigned bidder or prospective contractor. I represent that - 1. 1 X have, have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Christensen Inc. General Contractor NAME OF BIDDER BY: zJoe NATUREITITLE Presto, General Manager 2840 Crites St SW Suite 100 Tumwater, WA 98512 ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational only) BID SET — AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT —CAPITAL PROJECTS EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4400 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: EFFECTIVE DATE: January 1, 1998 SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant, or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 2 BID SET — AUGUST 2021 Page 2 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS EQUAL EMPLOYMENT OPPORTUNITY AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4400 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 the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: _ For: Title: Date EEO COMPLIANCE DOCUMENTS - 3 BID SET — AUGUST 2021 Page 3 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS NON -DISQUALIFICATION STATEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4100 SECTION 00 4100 - NON -DISQUALIFICATION STATEMENT This statement is required by state law (RCW 39.04.350(1)(f)) 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 (August 25, 2021), the bidder has not been disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). Christensen Inc. General Contractor Bidder's Business Name Signature of Authorized Official* Joe Presto Printed Name General Manager Title 09/21/2021 Tumwater Date City UA 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. BID SET — AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Christensen Inc. GENERAL CONTRACTOR 2840 Crites St. SW, Suite too TU111wnter, WA 988E2 360-709-0330 rAK 360-709-022o e-mail proaadminOdnc e September 17, 2021 RE: Police Headquarters Renovation — Project # FAC 21-01 To Whom It May Concern: This letter is to confirm the following: Christensen Inc. General Contractor, including any subsidiary companies or affiliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). That within the three-year period immediately preceding the bid solicitation date, Christensen Inc. General Contractor, is not a "willful" violator as defined in RCW 49.48.082, of any provisions of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and biding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgement entered by a court of limited or general jurisdiction. Respectfully, Joe recto General Manager cc: File CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION WAGE PAYMENT CERTIFICATION SECTION 00 4800 SECTION 00 4800 - WAGE PAYMENT CERTIFICATION CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Insert Bidder's Business Name Christensen Inc. General Contractor By: {: _ Signature of Authorized Official* Printed Name: Joe Presto Title: General Manager Date: 09/21 /2021 City and State: Tumwater. WA *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. BID SET — AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION BID PROPOSAL SECTION 00 2100 K. ADDENDA: The Bidder acknowledges the receipt of the following Addenda to the contract documents: Addendum No. 1 Addendum No. Addendum No. Addendum No. 2 Addendum No. Addendum No. L. SIGNATURE: By signing this Bid Proposal, the undersigned bidder agrees to submit all insurance documents, performance bonds, and signed contracts within ten (10) calendar days after City awards the Contract and be bound by al I terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. 09/21 /2021 Bid Date 2840 Crites St SW Suite 100 Address 1 Tumwater, WA 98512 Address 2 360-709-0330 Telephone Number 360-709-0220 Fax Number BID SET — AUGUST 2021 Christensen Inc. General Contractor Company lame Submitted By (Signature) I� Submitted By (Printed Name) General Manager Title ro'admin cinc c.com E-mail address END OF BID PROPOSAL Page 3 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS BID SECURITY KENT POLICE HEADQUARTERS RENOVATION SECTION 00 3100 KNOW ALL MEN BY THESE PRESENTS: That we, Christensen, Inc., General Contractor , as Principal, and Travelers CaSUalty and Surety Company of America , as Surety, are held and firmly bound unto the CITY OF KENT, as Obligee, in the penal sum of Five Percent of the Total Amount Bid (5% of T.A.B.) Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for City of Kent Police Headquarters Renovation/Project Number: FAC21-01 According to the terms of the proposal or bid made by the Principal thereof, and the Principal shall duly make and enter into a contract with the Obligee In accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the invitation to bid, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligee, as penalty and liquidated damaged, the amount of this bond. SIGNED, SEALED AND DATED THIS 15th DAY OFSeptembp2021. ••� SU "'• PRINCIPAL c 1 HARTFORD,1 s ` • CONN. o jz Received return of deposit in the sum of BID SET — AUGUST 2021 Page 2 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal rA► TRAVELERS) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Tiffany Karpaviclus of OLYMPIA , Washington , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. ��* � � O Z F HN{TFORO, i LCM4wl State of Connecticut By: City of Hartford ss. Robert L. Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (,U. My Commission expires the 30th day of June, 2026Bi19 Anna P. Nowik. Notary Public n� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 15th day of September , 2021 i GN lH9 0 c i �OF0. n � LpV7k�R �Hue"- AsAtant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer by the above -named Attorney(s) -in-Fact and the details of the bond to which this Powerof Attorney is attached. CITY OF KENT — CAPITAL PROJECTS NON -COLLUSION & MIN. WAGE DECLARATION KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4600 SECTION 00 4600 — NON -COLLUSION & MINIMUM WAGE DECLARATION CITY OF KENT COMBINED DECLARATION FORM NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: AND 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. MINIMUM WAGE AFFIDAVIT I, the undersigned, having duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. City of Kent Police Headquarters Renovation Project Number: FAC21-01 NAME OF PROJECT Christensen Inc. General Contractor NAME OF BIDDER'S FIRM SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER BID SET — AUGUST 2021 Page 1 of 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION CHANGE ORDER FORM SECTION 00 4900 Thms change order form is fgLexan'1121e l2urpok!�s only. By subLL1ittmng a bad, the bmdder agrees to be bo-und by the terms-olf-thms change arder form for an change_or_cier, CHANGE ORDER NO. [Enter # 11, 2, 3, etc.] NAME OF CONTRACTOR: [Insert Company Name_("Contractor") CONTRACT NAME & PROJECT NO: r1nsert Name of Original Contract & Proj # if applicablel ORIGINAL CONTRACT DATE: [Insert Date ❑riginal Contract was Signed This Change Order amends the above -referenced contract; all other provisions of the contract that are not inconsistent with this Change Order shall remain in effect. For valuable consideration and by mutual consent of the parties, the project contract is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, Contractor shall provide all labor, materials, and equipment necessary to: [Insert detailed description of additional materials, services, etc., that are needed which necessitate this change order - Be as detailed as possible. You may also refer to an attached exhibit, but clearly identify the exhibit by title and date] 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are hereby modified as follows: Original Contract Sum, $ (including applicable alternates and WSST) Net Change by Previous Change Orders $ (incl. applicable WSST) Current Contract Amount $ (incl. Previous Change Orders) Current Change Order $ Applicable WSST Tax on this Change Order $ Revised Contract Sum $ BID SET —AUGUST 2021 Page 1 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS CHANGE ORDER FORM KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4900 Original Time for Completion (insert date) Revised Time for Completion under prior Change Orders (insert date) Days Required (f) for this Change working days Order Revised Time for Completion (insert date) In accordance with Sections 1-04.4 and 1-04.5 of the Kent Special Provisions and WSDOT Standard Specifications, and Section VII of the Agreement, the Contractor accepts all requirements of this Change Order by signing below. Also, pursuant to the above -referenced contract, Contractor agrees to waive any protest it may have regarding this Change Order and acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Change Order, unless otherwise provided, does not relieve the Contractor from strict compliance with the guarantee and warranty provisions of the original contract, particularly those pertaining to substantial completion date. All acts consistent with the authority of the Agreement, previous Change Orders (if any), and this Change Order, prior to the effective date of this Change Order, are hereby ratified and affirmed, and the terms of the Agreement, previous Change Orders (if any), and this Change Order shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this contract modification, which is binding on the parties of this contract. 3. The Contractor will adjust the amount of its performance bond (if any) for this project to be consistent with the revised contract sum shown in section 2, above. IN WITNESS, the parties below have executed this Agreement, which will become effective on the last date written below. CONTRACTOR: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Will Moore Its Facilities Superintendent (title) DATE: BID SET — AUGUST 2021 Page 2 of 3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION BID SET —AUGUST 2021 CHANGE ORDER FORM SECTION 00 4900 APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent Law Department Page 3of3 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT —CAPITAL PROJECTS PAYMENT AND PERFORMANCE BOND KENT POLICE HEADQUARTERS RENOVATION SECTION 00 4200 KENT PAYMENT AND PERFORMANCE BOND W e„,„U,,4 TO CITY OF KENT KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally held and firmly bound to the CITY OF KENT in the penal sum of $ , together with any adjustments, up or down, in the total contract price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motion, duly made, seconded and passed by the City Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of City of Kent Police Headquarters Renovation/Project Number: FAC 21-01 (which contract is referred to herein and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body. BID SET — AUGUST 2021 Page 1 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION TWO WITNESSES: DATE: PRINT NAME DATE: CORPORATE SEAL: PAYMENT AND PERFORMANCE BOND SECTION 00 4200 PRINCIPAL (enter principal's name above) BY: TITLE: DATE: CORPORATE SEAL: SURETY BY: DATE: TITLE: ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. SECRETARY OR ASSISTANT SECRETARY BID SET — AUGUST 2021 Page 2 of 2 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS PUBLIC WORKS AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 7000 SECTION 00 7000 - PUBLIC WORKS AGREEMENT BETWEEN CITY OF KENT AND GENERAL CONTRACTOR (SAMPLE) BID SET — AUGUST 2021 of 10 Page 1 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS PUBLIC WORKS AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 7000 PUBLIC WORKS AGREEMENT between City of Kent and KENT W.3"I"OTu [Insert Contractor's Company Name] THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and [Insert Contractor's Co. Name], organized under the laws of the State of [Insert State Company formed under], located and doing business at [Insert Contractor's Address, Phone Number, and Contact Person], (hereinafter the "Contractor"). The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: [Insert detailed description of services contractor is providing. Be as detailed as possible. You may attach an exhibit so long as the exhibit is clearly referenced and identified by title and date]. 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 immediately upon execution of this Agreement. Upon the effective date of this Agreement, the Contractor shall complete the work described in Section I [Enter either "within" or "by" depending on deadline in next form field] [Insert either a date specific or enter # of days, weeks, months, years, etc.]. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed [Insert maximum dollar amount to be paid for services - Must be over $20K to use this form. You may type out the dollar amount and enter the numerical dollar amount in parentheses or you may just enter the numerical dollar amount], including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. Card Payment_ Program, The Contractor may elect to participate in automated credit card payments BID SET — AUGUST 2021 Page 2 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 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. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. BID SET — AUGUST 2021 Page 3 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 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 Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. BID SET — AUGUST 2021 Page 4 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 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 ('force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party, Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor, IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension BID SET — AUGUST 2021 Page 5 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS PUBLIC WORKS AGREEMENT KENT POLICE HEADQUARTERS RENOVATION SECTION 00 7000 of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Ag reement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired BID SET — AUGUST 2021 Page 6 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT - CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub -contract, the Contractor, its sub -contractors, or any person acting on behalf of the Contractor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit [Insert Exhibit #] attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary BID SET - AUGUST 2021 Page 7 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 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. flan -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section 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, theterms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and BID SET — AUGUST 2021 Page 8 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT — CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. BID SET — AUGUST 2021 Page 9 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal CITY OF KENT - CAPITAL PROJECTS KENT POLICE HEADQUARTERS RENOVATION PUBLIC WORKS AGREEMENT SECTION 00 7000 IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By: By: (signature) (signature) Print Name: Print Name: Its its Mayor (title) DATE: DATE: NOTICES TO BE SENT TO: CONTRACTOR: [Insert Contact Name] [Insert Company Name] [Insert Address] [Address - Continued] [Insert Telephone Number] (telephone) [Insert Fax Number](facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk BID SET - AUGUST 2021 NOTICES TO BE SENT TO: CITY OF KENT: [Insert Name of City Rep. to Receive Notice] City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) [Insert Phone Number](telephone) (253) [Insert Fax Number](facsimile) Page 10 of 10 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Christensen Inc. (; ENE RA L CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Project Name: Challenger HS 18020 B St E Spanaway, WA Architect: DLR Group 33017 134" Ave SE Auburn, WA 98092 References Owner: Bethel School District 5410 1841" St E, Bldg C Puyallup, WA 98375 Contract Amount: $4,107,744 *New construction of 8,119 SF High School including classrooms, admin offices, and student commons. 25% completed with Christensen forces. Completed 2020. Project Name: WSSDA 225 College St NE Olympia, WA 98516 Architect: MSGS Architects 510 Capitol Way S Olympia, WA Owner: Dept. of Enterprises PO Box 41476 Olympia, WA Jonathan Martin Contract Amount: $3,195,000 **Demo of single story building, sitework TI, new construction of 7,925 SF wood framed single story building. 25% completed with Christensen forces. Completed 2020. Project Name: SKHS Stem Improvements 425 Mitchell Ave Port Orchard, WA 98366 Architect: BLRB Architects, P.S. 1250 Pacific Ave, Suite 700 Tacoma, WA 98402 Owner: S. Kitsap School District No. 402 2689 Hoover Ave SE Port Orchard, WA 98366 Contract Amount: $1,388,000 *Tenant improvements to STEM classrooms at existing school. 15% completed with Christensen forces. Completed 2020. A Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Current Jobs in Progress Project Name: Owner: Chief Leschi School Auditorium Puyallup Tribe of Indians 5625 52°d St E 3009 East Portland Ave Puyallup, WA 98371 Tacoma, WA 98404 Architect: Contract Amount: NAC Architecture $3,588,000 2025 lst Ave Suite 300 Seattle, WA 98121-3131 Percent Completed: Estimated completion date: 5% March 2022 Project Name: Owner: Kenyan Community Church Kenyan Community Church 26820 Pacific Hwy S 9656 Waters Ave S Kent, WA 98032 Seattle, WA 98118 Architect: Contract Amount: Osborn Architects Inc. Approx. $8 Million 1011 SW Klickitat Way #208 Seattle, WA 98134 Percent Completed: Estimated completion date: 75% November 2021 Project Name: Owner: Riverbend Driving Range P3 City of Kent 2020 W Meeker St 220 4' Ave S Kent, WA Kent, WA 98032-5895 Nathen Harper Architect: Contract Amount: Broderick Architects $1,700,600 55 S Atlantic St #301 Seattle, WA 98134 Erik de los Reyes Percent Completed: Estimated completion date: 100% September 2021 1 Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Project Name: Owner: Kentwood HS PAC Center Kent School District No. 415 25800 1641h Ave SE 12033 SE 256 h Street Kent, WA 98042 Kent, WA 98030 Architect: Contract Amount: SCR Architects $798,000 1916 Pike Place Suite 12 Seattle, WA 98101 Percent Completed: Estimated completion date: 80% November 2021 Project Name: Owner: Meridian Elem. MP Room Kent School District No. 415 25621 140' Ave SE 12033 SE 256' Street Kent, WA 98042 Kent, WA 98030 David Bussard Architect: Contract Amount: SCR Architects $3,463,000 1916 Pike Place Suite 12 Seattle, WA 98101 Chris Reinhart (206) 852-5192 Percent Completed: Estimated completion date: 100% August 2021 14 Mdifi►onck I Christensen Inc. G E N E R A L CON T R A C T O R 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com References Vashon Island Maintenance Building $1,700,000.00 20414 Vashon Hwy SW Vashon, WA 98070 Contact: Brandy Fox 360-753-2999 Project Manager: Joe Presto *New construction of a one story maintenance building — 2,800 sq ft — Completed in November 2020. 15% of the cost of work performed by Christensen forces. The Cedars (KJS Multi -Use Building) $4,000,000.00 810 Jefferson Street SE Olympia, WA 98502 Contact: Ali Raad 360-753-2999 Project Manager: Kevin Christensen *New construction of a five story multi -purpose office building 44,250 sq ft — completed October 2013; 10% of the cost of work performed by Christensen forces. Challenger HS $4,107,744.00 18020 B St E Spanaway, WA 98387 Contact: Marlene Anglemyer 253-683-6046 Project Manager: Joe Presto *New construction of 8,119 sq ft HS consisting of classrooms, admin office and student commons. Steel type II — completed 2019: 25% of the cost of work was performed by Christensen forces. Cedar Valley Elem. MP Room $2,862,993.00 26500 Timberlane Way SE Covington, WA 98042 Contact: Fred Long 253-373-7526 Project Manager: Joe Presto *Addition of new MP room to existing school — completed 2019; 24% of the cost of the work was performed by Christensen forces. Park Orchard Elementary $2,187,795.00 11010 SE 232°d St Kent, WA 98031 Contact: David Bussard 253-373-7277 Project Manager: Joe Presto 1 Christensen Inc. G ENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com *Addition of new 5,900 sq ft MP room to existing school — completed 2018; 24% of the cost of the work performed by Christensen forces. ESC Bldg 1 TI $1,627,008.00 516176« St E Spanaway, WA 98387 Contact: Marlene Anglemyer 253-683-6046 Project Manager: Joe Presto *Tenant improvements to existing building — completed 2019: 15% of the cost of the work was performed by Christensen forces. Hood Canal Ace Hardware $1,275,076.00 24171 N Hwy 101 Hoodsport, WA Contact: Mike and Geri Purvis Project Manager: Reid Christensen *New construction of HC Ace Hardware store — completed 2019: 27% of the cost of work was performed by Christensen forces. USDA $1,200,000.00 1835 Black Lake Blvd Olympia, WA 98512 Contact: Shep Salusky 206-281-8905 Project Manager: Kevin Christensen *Remodel of 38,000 sq ft office building — completed 2014; 20% of the cost of the work performed by Christensen forces. Lucky Seven $1,130,845.00 4047/4061 Pacific Ave SE Lacey, WA 98503 Contact: Mike Choi 360-556-6333 Project Manager: Kevin Christensen *Demo of existing buildings and new construction of buildings— completed 2019; 28% of the cost of the work performed by Christensen forces. North Thurston Public Schools $975,000.00 South Sound High School Phase I 411 College Street NE Lacey, WA 98516 Contact: Jeff Goheen 360-412-4500 Project Manager: Reid Christensen 2 Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com *New Construction of 18,000 sq ft school — completed March 2008; 47% of the cost of the work was performed with Christensen forces. Evergreen Sustainable Agricultural Lab $907,000.00 2700 Evergreen Parkway Northwest Olympia, WA 98505 Contact: Azeem Hoosein 360-867-6041 Project Manager: Kevin Christensen *Construct new 2,000 sq ft building to be used as a science lab/class room. 100% complete. Intelco Plaza 4508 Intelco Loop SE Lacey, WA 98503 Contact: Steve Lewandowski 360-701-8934 9.:11 111 11 Project Manager: Kevin Christensen *Construction of new professional building and tenant improvements. Percival Landing $800,000.00 05 Columbia Street NW Olympia, WA 98501 Contact: Jim Hannah 360-589-1549 Project Manager: Kevin Christensen *New construction of pavilion and harbor house — completed September 2011. Capitol Campus Child Care Center 232 Perry Street NW Olympia, WA 98501 Contact: Stephen Masini 360-951-1697 $800,000.00 Project Manager: Kevin Christensen *New construction of 2,000 sq ft childcare facility — completed July 2008: 35% of the cost of the work was performed with Christensen forces. Nguyen Residence $752,406.00 2323 Peach Ave NW Olympia, WA 98502 Owner: Hoai and Kinh Thi Nguyen Project Manager: Colin Christensen *Construction of new, single family home — completed September 2019: 10% of the cost of work was performed by Christensen forces. '9 Christensen Inc. C; E;NERAL, CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Olympia School District $532,000.00 1113 Legion Way SE Olympia, WA 98501 Contact: Tim Byrne 360-596-8560 Project Manager: Reid Christensen *Various interior and exterior improvements for multiple school sites within the district. Valley Communications Center $504,593.00 275191081h Ave SE Kent, WA 98030 Contact: Davis Clark 253-351-8877 Project Manager: Joe Presto *Interior tenant improvements to existing office and admin area — completed 2019: 13% of the cost of work was performed by Christensen forces. Skokomish Indian Tribe $500,000.00 80 N Tribal Center Road Skokomish, WA 98584 Contact: Larry Winders 360-877-6748 Project Manager: Kevin Christensen *Clinic remodel, lab remodel, misc. residential repair and new construction. Skokomish Indian Tribe — Support Houses $193,256.00 80 N Tribal Center Road Skokomish, WA 98584 Contact: Larry Winders 360-877-6748 Project Manager: Kevin Christensen *Construction of 4 new support houses — completed 2019: 41 % of the cost of the work was performed by Christensen forces. Belfair State Park — Comfort Station & Kitchen Shelter $498,000.00 Washington State Parks and Recreation Commission 3151 NE State Route 300 Belfair, WA 98528 Contact: Dale Broyles 360-725-9754 Project Manager: Joe Presto *Demolishing existing comfort station and building a new comfort station and kitchen shelter. 4 Christensen Inc. c; EN ERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Clover Park Technical College Building 14 Facade Tacoma, WA 98499 $480,000.00 Contact: Andrea Faust 360-902-7223 Project Manager: Joe Presto *New construction of concrete parapet and roof — completed September 2010; 20% of the cost of work performed by Christensen forces. Buckley Readiness Center $380,000.00 Washington Military Department 455 N River Avenue Buckley, WA 98321 Contact: Jim Castino 253-851-7648 Project Manager: Reid Christensen *Construction of a 3,600 sqft pre-engineered metal storage building. Everett Community College 2000 Tower Street Everett, WA 98201 Contact: Laura Haima 360-407-9362 *Remodel of two large restrooms. Woodinville Water District 17238 Woodinville -Duvall Road Woodinville, WA 98072 Contact: Lee Driftmier 425-881-7506 *Office tenant improvements, approx 1,500 sq ft. Kola Kole Schoolhouse Kitsap County 11128 NE Maine Street Kingston, WA 98346 Contact: Colby Wattling 360-337-7036 $240,000.00 Project Manager: Joe Presto $196,000.00 Project Manager: Joe Presto $181,000.00 Project Manager: Joe Presto *Exterior work consisting of replacing windows, shingles, lights and painting on a two-story building. 5 Christensen Inc. C EN ER,AL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Highline Community College Building 19 ADA Ramp/Stairs 2400 S 240th Street Des Moines, WA 98198 Contact: Julie Nakahara 360-239-7706 $179,500.00 Project Manager: Joe Presto *ADA upgrades to walkways, ramps and railings - anticipated completion of July 2013; 50% of the cost of the work was performed with Christensen forces. Lacey Construction Shop Roof Replacement Department of Fish and Wildlife 600 Capitol Way N Olympia, WA 98501 Contact: Casey Davidson 360-902-8370 $117,000.00 Project Manager: Joe Presto * Complete tear off and replacement of a metal standing seam roof system on one multi -level commercial construction shop and office building. Bremerton Housing Authority Firs ASA Ramp Conversion 183 Russell Road Bremerton, WA 98312 Contact: Andi Reed $109,000.00 360-616-7111 Project Manager: Joe Presto *Installation of an ADA compliant ramp to the back entrance of The Firs Apartments. Department of Natural Resources Construction Shop Roof 6240 Carpenter Road Lacey, WA 98503 Contact: Casey Davidson 360-902-8370 $107,500.00 Project Manager: Joe Presto *Re -roof multi -level commercial construction shop and office building. Advance Equipment $100,000.00 2950 26" Avenue SW Tumwater, WA 98512 Contact: Dick Hoverter 360-866-4741 Project Manager: Kevin Christensen 6 Christensen Inc. C; ENERA L C ON'r RACTO R 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com *Various plant remodels. City of Everett $98,000.00 Everett Senior Center 3025 Lombard Avenue Everett, WA 98201 Contact: Ruben Sanchez 425-257-8896 Project Manager: Joe Presto *Interior and exterior repairs at the Everett Senior Center. Lacey Police Impound Storage Building $93,500.00 6245 Martin Way E Lacey, WA 98516 Contact: Justin Knox 360-438-2628 Project Manager: Kevin Christensen *Erection of a new wood framed storage building, approx 2,400 sq ft. Lacey Fire District #3 $79,000.00 Station #33 Station #35 6500 Mullen Road SE 8407 Steilacoom Road SE Olympia, WA 98503 Lacey, WA 98513 Contact: Gary Pearson 360-528-2333 Project Manager: Joe Presto *Perform saw cutting and removal of asphalt, sub -grade prep, irrigation piping repair and installation of new reinforced concrete aprons. Vestibule Entrance Building 4 $69,000.00 Pierce Transit 3701 96" Street SW Lakewood, WA 98499 Contact: Lee Knawa 360-407-9208 Project Manager: Joe Presto *Installation of new curtain wall system vestibule and storefront doors. HQ Siding Restoration Department of Fish & Wildlife 600 Capitol Way N Olympia, WA 98501 $38,000.00 Contact: Casey Davidson 360-902-8370 Project Manager: Joe Presto 7 Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 E-mail projadmin@cincgc.com *Replace siding and install battens on a two-story office building. Bingham Creek Hatchery Department of Fish & Wildlife 3914 W Fish Hatchery Road Elma, WA 98541 FAX 360-709-0220 $35,000.00 Contact: Casey Davidson 360-902-8370 Project Manager: Joe Presto *Construct energy efficiency improvements to the hatchery office, crew room and public restrooms. Kitsap County Parks & Recreation 1195 NW Fairgrounds Road Bremerton, WA 98366 Contact: Terri Lyman 360-337-5350 Project Manager: $36,700.00 Joe Presto *Tenant improvements office space - completed June 2013; 65% of the cost of the work was performed with Christensen forces. 8 Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Officer and Ivey Personnel Qualification Kevin Christensen, President Kevin has been involved in the construction industry his entire life; his father was a project manager for many large commercial projects in the area. Kevin has been working in the industry since the age of 15; he worked in the field doing carpentry, roofing and surveying to save money for college. Kevin earned a Bachelor of Art degree in Communications from Washington State University. Over the past 31 years Kevin has been a principle in a general contracting company, where he is involved in all types of construction, including: design build, civil engineering, concrete, wood framing, steel erection, log construction and finish work for large and small jobs within the industrial and commercial fields. His knowledge and experience have made him into a great project manager, communicator, and president. Reid Christensen, Vice President Reid has been involved in the construction industry his entire life, his father, Kevin is the President for a general contracting company. Reid remembers going onto job sites with his father and sitting in on meetings. Reid began working for Christensen Inc. in June of 1999 as a laborer, and has been working his way up the chain since. Reid graduated from Central Washington University in 2004 with a Bachelor's Degree in Construction Management. He has completed courses to computer generate pre-engineered building drawings. Over the last three years, Reid has been involved in all phases of commercial construction with a strong emphasis on pre- engineered metal design and erection. Reid's other strong points include, but are not limited to, wood structures, steel structures, log construction, project coordination/management, plan reading and onsite problem solving. Colin Christensen, Vice President Colin has grown up visiting job sites frequently as a kid and has been working in the construction field since 2002. After graduating from the University of Washington with a degree in economics, he decided he would continue developing his skills as a carpenter and builder. Since then, Colin has worked on a wide range of projects and continues to master skills while learning new ones along the way. He has experience with all phases of construction and many different types of construction from residential to industrial and everything in between. Colin enjoys working with his hands and bringing his creativity to life within his projects. He particularly enjoys projects that involve creative designs, energy efficient/green building, and value engineering. Christensen Inc. GENERAL CONTRACTOR 2840 Crites Street SW Suite #100 Tumwater, WA 98512 360-709-0330 FAX 360-709-0220 E-mail projadmin@cincgc.com Joe Presto III, General Manager Joe has been in the construction industry for most of his life. He has worked for a local contractor through his teenage years. In 1975, Joe started his own construction company that specialized in building spec and custom homes. He gradually worked his way into the commercial industry by building restaurants, apartments, office complexes, and other multi -story construction. In 1999, Joe went looking for a change and a different type of construction and went to work for a company in Ferndale, WA as a project manager. The new position was building sewer and water treatment facilities and back-up generator systems for City Municipalities. In 2002, Joe was then offered the opportunity to join Kevin at Christensen Inc. as a superintendent/project manager and estimator. In November 2006, Joe was promoted to General Manager and currently shares the responsibility of estimating, managing current projects, and the day to day operations within the company. 2 9/17/2021 CHRISTENSEN INC GENERAL CONTR CHRISTENSEN INC GENERAL CONTR Owner or tradesperson 2840 CRITES ST SW #100 Principals OLYMPIA, WA 98512 CHRISTENSEN, KEVIN PHILLIP, PRESIDENT THUR 9-0330 HURSTON County + PRESTO, JOSEPH III, VICE PRESIDENT ■ CHRISTENSEN, BARBARA ANN, SECRETARY Doing business as CHRISTENSEN INC GENERAL CONTR WA UBI No. Business type 601 546 765 Corporation Governing persons KEVIN P CHRISTENSEN COLIN CHRISTENSEN; REID CHRISTENSEN; License Verify the contractor's active registration / license / certification (depending on trade) and any past violations. Construction Contractor Active Meets current requirements. License specialties GENERAL License no. CHRISIG066LB Effective — expiration 06/02/1994— 06111 /2022 Bond Ohio Cas Ins Co $12,000.00 Bond account no. 673409C Received by L&I Effective date 10/06/2020 08/26/2019 Expiration date Until Canceled Bond history Insurance West American Ins Co $1,000,000.00 Policy no. BKW57232670 Received by L&I Effective date 06/09/2021 06/16/2019 Expiration date 06/16/2022 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings https://secure.Ini.wa.gov/verify/Detai I.aspx?U B 1=601546765&LIC=CHRISIG066LB&SAW= 1 /3 9/17/2021 Cause no. 17-2-02343-34 Complaint filed by CRESCENT MECHANICAL INC Complaint date 04126/2017 Cause no. 17-2-02343-34 Complaint filed by CRESCENT MECHANICAL INC Complaint date 05/1612017 CHRISTENSEN INC GENERAL CONTR Open Complaint against bond(s) or savings 46WB075719 Complaint amount $76,154.49 Dismissed Complaint against bond(s) or savings 46WB075719 Complaint amount $76,154.49 o L&i t Tax debts N _.....I ax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications $ Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the Oregon Bureau of Labor & Industries or Montana Department of Labor & Industry to verify if this business has apprentices. Workers' Comp Do you know if the business has employees? If so, verify the business is up4o-date on workers' comp premiums. L&I Account ID 867,973-00 Account is current. Doing business as CHRISTENSEN INC GENERAL CON Estimated workers reported Quarter 2 of Year 2021 "31 to 50 Workers" L&I account contact TO / KARLA BOWMAN (360)902-5535 - Email: BOWK235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects Required Training— Effective July 1, 2019 Exempt from this requirement Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 07/08/2021 Violations Inspection no. 317963838 Location 2020 W Meeker St Kent, WA 98032 https:llsecure.ini.wa.gov/verify/Detail.aspx?UBI=601546765&LIC=CHRISIG066LB&SAW= 2/3 9/17/2021 Inspection results date 01/11/2021 Inspection no. 317961118 Location 206 Lilly Rd. Olympia, WA 98506 Inspection results date 08/10/2020 Inspection no. 317959736 Location 422 Lilly Road SE Olympia, WA 98506 Inspection results date 01/09/2020 Inspection no. 317957372 Location 221 College ST NE Olympia, WA 98516 Inspection results date 06/27/2019 Inspection no. 317954832 Location 3505 Pacific Ave Olympia, WA 98501 Inspection results date 03/01/2016 Inspection no. 317939166 Location 408 Cleveland St. SW Tumwater, WA 98501 CHRISTENSEN INC GENERAL CONTR Violations Violations No violations Violations Violations https://secure.Ini.wa.gov/verify/Detail.aspx?UBI=601546765&LIC=CHRISIG066LB&SAW= 3/3 9/17/2021 Business Licensing and Tax My DOR Services CHRISTENSEN, INC., GENERAL CONTRACTOR Corporation 601-546-765 Summary Action Items More Options Excise Tax 601-546-765 GENERAL CONTRACTOR 2840 CRITES ST SW STE 100 TUMWATER WA 98512- 6117 August 2021 Return Monthly Return Status Processed Balance Amount $0.00 Account Welcome, Christensen Inc You last logged in on Thursday, Sep 16, 2021 7:41:10 AM Manage My Profile > View or Amend Return > Make a Payment > Add/Update Electronic Refund Account > View Periods and Amend Returns > Apply for/view a Reseller Permit > Close Excise Account > More Excise Tax Options https://secure.dor.wa.gov/atlaseservices/wtp/_/#8 1/2 9/17/2021 Business Licensing and Tax License 601546765-001-0001 CHRISTENSEN, INC., GENERAL CONTRACTOR 2840 CRITES ST SW STE 100 TUMWATER WA 98512- 6117 Business License Renewal Due Date 5/31/2022 Account Contact us How are we doing? Take our survey! > Print Business License > View/Add City or State Endorsements > Hire Employees/Minors or Add Optional Coverage > Add/Update Electronic Refund Account > Close License Account > Other Updates Don't see what you expected? Check if your browser is supported ❑v https://secure.dor.wa.govlatlaseservices/wtp/_/#8 2/2 EXHIBIT BINSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. 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. 2. 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 Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. 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. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of not more than $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. Builders Risk insurance shall be maintained until final acceptance of the work by the City. EXHIBIT B (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk 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. D. Contractor’s Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E.Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the EXHIBIT B (Continued) Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. G. 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. H. 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/DDNYYY) 10/08/2021 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 endorsement(s). PRODUCER CONTACT NAME: Tiffany Karpavicius Nicholson & Associates Ins LLC PH Nr+ . Ext): (360)352 8444 FAX 1802 Black Lake Blvd SW #301 ac No): 360943-9�12 E-MAIL tiffan nic ADDRESS: y@ hinsure.com Olympia, WA 98512 INSURERS AFFORIDINGCOVERAGE NAICS INSURERA: Ohio Security Insurance _Company 24082 INSURED INSURERS: West American Insurance CAmnanv AA293 Christensen, Inc., General Contractor INSURERC: Ohio Casualty Insurance 24074 2840 Crites St SW Ste 100 INSURER D : Westchester Surplus Lines Insurance Company10172 Tumwater, WA 98512 INSURERE: INSURER F : COVERAGES CERTIFICATE NUMRFR! 00000663_7139677 RFVISIAN NIIMRFR• 79 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INS LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DDPOLICY O POLICY MM/DD EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR Y 7Y BKS57232670 06/16/2021 06/16/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES EaENTED occurrence $ 1,000,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY n JECT LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2 000,000 $ B AUTOMOBILE IX LIABILITY - ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY BAW57232670 06/16/2021 06/16/2022 EOa..d.nntSINGLE LIMIT $ 1, 000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peracddent) $ $ PROPERTY DAMAGE Per accldent C X UMBRELLA LIAB EXCESS UAS X OCCUR CLAIMS -MADE US057232670 06/16/2021 06/16/2022 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED I X I RETENTION $ 10.000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N I A BKS57232670 06/16/2021 06/16/2022 PER OTH- X STTE ER AT, StopGap E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 D C Pollution Installation Floater G73540082 BM059904520 06/16/2021 06/16/2021 06/16/2022 06/16/2022 Limit Limit 1,000,000 4,500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) RE: Police Headquarters Renovation Certificate Holder is included as Additional Insured as their interest may appear when required by written contract to the extent set forth in the policy provisions. laK I IrR:A I t MULULK GANGtLLA I IUN City of Kent 400 W Gowe Kent, WA 98032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD Printed by NTK on 10/08/2021 at 12:OOPM COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under = this provision. B. NON -OWNED WATERCRAFT >= Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, s Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) a w 0 If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (iii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. A G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; III (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or aa� (b) The construction, erection, or removal of elevators; or s llT (c) The ownership, maintenance, or use of any elevators covered by this insurance. 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 insur- ance afforded to such additional insured will not be broader than that which you are required by 3 the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (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. With respect to Paragraph 1.1b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. a With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. 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: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; a whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form z� or endorsement under this policy. n ® 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; s b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 M I V 9 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) 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 The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A -Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the 16 location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II - 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 contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. ® whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. E. With respect to the insurance afforded by this endorsement, Section IV - Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV - Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and 0 we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission . Page 2 of 2 1000 '9 4 KENT WASHINGTON City of Kent Business License CHRISTENSEN INC GENERAL CONTRACTOR 2840 CRITES ST SW STE 100 TUMWATER, WA 98512 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 WASHINGTON 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-2170046 CHRISTENSEN INC GENERAL CONTRACTOR 2840 CRITES ST SW STE 100 TUMWATER, WA 98512 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 1 J 0- MAYOR The City of Kent At 220 4TH AVE SO KENT, WASHINGTON 98032 Signature: &,V Ax1-9 Will Moore (Oct 11, 202109:27 PDT) Email: wmoore@kentwa.gov Signature: L9- Email: rlashley@kentwa.gov Signature: Brian Le enh- n (Oct 13, 202109:24 PDT) Email: bjlevenhagen@kentwa.gov FAC-Christensen-PD-HQ Reno -CONTRACT Final Audit Report Created: 2021-10-11 By: Diana lazouski (Dlazouski@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA-yQewVf4t512gJlv_Z6bWf-otUl7-5v6 2021-10-13 "FAC-Christensen-PD-HQ Reno -CONTRACT" History Document created by Diana lazouski (Dlazouski@kentwa.gov) 2021-10-11 - 4:19:26 PM GMT- IP address: 146.129.252.126 Document emailed to Will Moore (wmoore@kentwa.gov) for signature 2021-10-11 - 4:25:45 PM GMT Email viewed by Will Moore (wmoore@kentwa.gov) 2021-10-11 - 4:26:20 PM GMT- IP address: 146.129.252.126 Document e-signed by Will Moore (wmoore@kentwa.gov) Signature Date: 2021-10-11 - 4:27:18 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kevin Christensen (projadmin@cincgc.com) for signature 2021-10-11-4:27:22 PM GMT Email viewed by Kevin Christensen (projadmin@cincgc.com) 2021-10-11 - 4:45:26 PM GMT- IP address: 73.83.239.75 E� Document e-signed by Kevin Christensen (projadmin@cincgc.com) Signature Date: 2021-10-11 - 5:34:08 PM GMT - Time Source: server- IP address: 73.83.239.75 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2021-10-11 - 5:34:12 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2021-10-12 - 11:19:48 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2021-10-12 - 11:40:03 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2021-10-12 - 11:40:06 PM GMT 0 Adobe Sign Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2021-10-13 - 4:23:54 PM GMT- IP address: 146.129.252.126 Ea Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2021-10-13 - 4:24:43 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2021-10-13 - 4:24:43 PM GMT a Adobe Sign 1 Reyes-Selden, Tania From:Hills, Chris Sent:Monday, October 18, 2021 4:43 PM To:White, Tammy Subject:RE: Insurance Question Hi, Tammy, while I required Builder’s Risk, you’ll note that there’s an Equipment Floater listed in the amount of $4.5M. This coverage, while a bit more limited than Builder’s Risk, is acceptable under these circumstances since we’re dealing with a renovation and not original construction, which could only be covered by Builder’s Risk. So, in this case, the Installation Floater is adequate coverage in this case. Let me know if you’d like to discuss further, Chris Chris Hills, ARM-P, CRM, Risk Manager  Risk Management Division | Human Resources Department  220 Fourth Avenue South, Kent, WA 98032  Phone 253-856-5285 | Fax 253-856-6270 chills@KentWA.gov    CITY OF KENT, WASHINGTON  KentWA.gov Facebook Twitter YouTube  PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL  From: White, Tammy <TWhite@kentwa.gov>   Sent: Monday, October 18, 2021 4:34 PM  To: Hills, Chris <CHills@kentwa.gov>  Subject: Insurance Question  Chris, will you take a look at this and let me know if you’ll accept the insurance on this contract; I didn’t see builder’s risk coverage—is it included within the excess coverage? Tammy White, Deputy City Attorney Civil Division | Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5774 | Fax 253-856-6770 twhite@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE.