HomeMy WebLinkAboutAG 20-018 - HTR GLASS & CONSTRUCTION RETURN TO: EXT:
AUTUMN GRESSETT 9814
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: PRCS/PAEC
2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ.BY:ASAP
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT R MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECTNAME: DOOR AND WINDOW MAINTENANCE AGREEMENT
6. NAME OF CONTRACTOR: HTR GLASS&CONSTRUCTION LLC
ADDRESS: 31627 108TH AVE SE,AUBURN,WA 98092 'TELEPHONE 206-391-3255
E-MAIL:TONY@HTRGC.COM FAX:
SIGNATURE NAME: TITLE OWNER
7. EXHIBITS AND ATTACHMENTS:R SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: JANUARY 1,2020 COMPLETION DATE: DECEMBER 31,2025
9. TOTAL COMPENSATION$119,994.00(19,999 INCLUDING TAXES PER YEAR) (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW 1_MTJ,\L/DA1 I'.REVi[_w1'D INITIAL/DATE APPROVED
W PROJECT MANAGER AG 12/3/2019
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
W LAW ER 12/4/2019
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
o SENT TO VENDOR/CONTRACTOR DATE SENT: 12/16/2019 DATE REC'D:1/21/2020
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff'if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT zeao
O SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK ^
El ASSIGNED AG# A - Q 0 "Q11
❑ SIGNED COPY RETURNED DATE SENT:
Tj
COMMENTS:
1/2018
` Feder CITY CITY HALL
AlFederal Way 8th Avenue South
Federal Way.WA 980o03-6325
(253) 835-7000
www utWffederatway.com
MAINTENANCE AGREEMENT
FOR
DOOR AND WINDOW MAINTENANCE
This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington
municipal corporation ("City"), and HTR Glass & Construction LLC, a Washington Limited Liability
Company, ("Contractor"). The City and Contractor(together "Parties") are located and do business at the below
addresses which shall be valid for any notice required under this Agreement:
HTR GLASS & CONSTRUCTION LLC: CITY OF FEDERAL WAY:
Anthony Fantello Rob Ettinger
31627 108t'Ave SE 33325 8th Ave. S.
Auburn, WA 98092 Federal Way, WA 98003-6325
(253) 835-2002 (telephone)
(206) 391-3255 (telephone) (253) 835-2010 (facsimile)
tony@htrgc.com rob.ettinger cityoffederal------ m
The Parties agree as follows:
1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be
the date of mutual execution,and shall continue until the completion of the Work, but in any event no later than December
31, 2025 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of
the City and the Contractor.
2. WORK.
2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more
specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the
City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her
designee.
2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to
provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities,
including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide
services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in
effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular
purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's
representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City
deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the
Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A
RCW. In the event any part of the goods are repaired, 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 one (1) year
from the date such correction is completed and accepted by the City. 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.
2.3 Time Documentation. and Inspection. Work shall begin immediately upon the effective date of this
Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the
MAINTENANCE AGREEMENT - 1 - 3/2017
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Federal Way 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
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making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for
performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-
complying performance, its substantiality or the ease of its discovery.
2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor
shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the
event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the
necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may
deduct its costs from any remaining payments due to the Contractor.
3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other
party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may
terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches
confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements.
4. COMPENSATION.
4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum
amount and according to a rate or method as delineated in Exhibit`B,"attached hereto and incorporated by this reference.
The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at
the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the Contractor shall be solely
responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of
this Agreement.
4.2 Method of Pa ment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form
specified by the City, including a description of what Work have been performed, the name of the personnel performing
such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon
completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed
and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If
the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply
with the Agreement. The City may withhold payment for such work until the work meets the requirements of the
Agreement.
4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are
either defective,unauthorized, or otherwise do not meet the requirements of this Agreement,the Contractor will correct or
modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor
until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any
part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be
liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The
City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources,
from any and all amounts due or to become due the Contractor.
4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this
Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred
after the end of the current fiscal period,and this Agreement will terminate upon the completion of all remaining Work for
which funds are allocated.No penalty or expense shall accrue to the City in the event this provision applies.
4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of
any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request
for final payment is made.
MAINTENANCE AGREEMENT - 2 - 3/2017
c[ry OF CITY HALL
Federal Way 8th Avenue South
Feder
Federal Way,WA 98003-6325
(253) 835-7000
www d1yoffedlerafway com
5. INDEMNIFICATION.
5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its
elected officials, officers, employees, agents, representatives, insurers,attorneys,and volunteers harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by
any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion
of the claims caused by the City's sole negligence. 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,the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall
agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers,
attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph.
The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of
these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the
purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the
amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts,
disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually
negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers,
directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all
claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries,
damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any
and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from,
resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of
the City.
5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with
respect to any event occurring prior to such expiration or termination.
6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with
the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for
the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as
follows:
6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms
and with such carriers who have a rating that is satisfactory to the City:
a. Commercial general liability insurance covering liability arising from premises, operations,
independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property
damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than
$1,000,000 for each occurrence and$2,000,000 general aggregate.
b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the
laws of the State of Washington;
C. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles with a
minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for
bodily injury, including personal injury or death, and property damage.
MAINTENANCE AGREEMENT - 3 - 3/2017
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FG d e ra l Way el7v OF CITY HALL
33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
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6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity. 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.
6.3. Additional Insured,Verification. The City shall be named as additional insured on all commercial general
liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of
insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference.
At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of
premiums or fees of such policies. If Contractor's insurance policies are"claims made," Contractor shall be required to
maintain tail coverage for a minimum period of three(3)years from the date this Agreement is actually terminated or
upon project completion and acceptance by the City.
6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement.
7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this
Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be
grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling
records in case of any public disclosure request.
8. WORK PRODUCT.All originals and copies of work product, including plans, sketches, layouts, designs, design
specifications, records, files, computer disks, magnetic media or material which may be produced or modified by
Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or
contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the
Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the
expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession
of Contractor shall be delivered to the City.
9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently
and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting
procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant
to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its
authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement.
10. INDEPENDENT CONTRACTOR/EMPLOYEE CONDITIONS.
10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that 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. The City shall be neither liable nor obligated to pay Contractor sick leave,
vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as
an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is
purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the
Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole
proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any
required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses
the City may sustain through the Contractor's failure to do so.
10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its
employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all
protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and
municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and
MAINTENANCE AGREEMENT -4 - 3/2017
` CITY OF CITY HALL
Ate. F d e ra l Way 33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www Wyoffederalway corn
Health Standards for Construction Work(Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24
WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain,
at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the
protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post
danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of
any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants
and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor
shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible
for the same
10.3 Risk of Work. All work shall be done at Contractor's own risk, and 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. Industrial or
any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or
incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even
though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the
City's general right of inspection to secure satisfactory completion
10.4 Prevailing Wages,
10.4.1 Wages of' EgMloyees. This Agreement is subject to the minimum wage requirements of Chapter
39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment
of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics,
Contractor shall not pay less than the"prevailing rate of wage"for an hour's work in the same trade or occupation
in the locality within the State of Washington where such labor is performed, as determined by the Industrial
Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates
of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid
pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids,
proposals,or quotes were required to be submitted to the City.
10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City
agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the
term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of
additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage.
10.4.3 Exemptions to Prevailing Wade. The prevailing wage requirements of Chapter 39.12 RCW, and as
required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of
a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the
corporation.
10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the
Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement,
Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor
and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with
the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay
Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the
City.
10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a
similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for
arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision
therein shall be final and conclusive and binding on all parties involved in the dispute.
11. CONFLICT OF INTEREST It is recognized that Contractor may or will be performing professional services
MAINTENANCE AGREEMENT - 5 - 3/2017
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8th Avenue South
Federal Way:WA 98003-6325
Fe d e ra I Way
(253) 835-7000
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during the Term for other parties; however, such performance of other services shall not conflict with or interfere with
Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City.
Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer
or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration,
or evaluating the Contractor's performance.
12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made
possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its
subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any
person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin,
marital status,or the presence of any disability, including sensory,mental or physical handicaps,unless based upon a bona
fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited
to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of
Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the
Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation
regarding non-discrimination.
13. GENERAL PROVISIONS.
13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the
agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or
agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this
Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective
captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to
modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared
invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other
provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement
that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as
having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended,
waived, or modified except by written agreement signed by duly authorized representatives of the Parties.
13.2 Atitiignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or
assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other
Party. 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. Subject to the foregoing, the
rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest,
heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No
other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein.
13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with
all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions,
regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation
of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this
Agreement,this Agreement may be rendered null and void, at the City's option.
13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the
Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the
addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the
notice or may be deposited in the United States mail,postage prepaid,to the address set forth above. Any notice so posted
in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for
under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies
MAINTENANCE AGREEMENT - 6 - 3/2017
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Federal a ra l Way CITY OF CITY HALL
..�. 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www cityoffederalway coni
available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately
upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as
a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and
interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute,
difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall
be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington,
unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction
over such a suit,then suit may be filed in any other appropriate court in King County,Washington. Each party consents to
the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such
courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Parry shall
pay all its legal costs and attorney's fees and expenses 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, however nothing in this paragraph shall be construed
to limit the Parties' rights to indemnification under Section 5 of this Agreement.
13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and
warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed
in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto
had signed the same document. All such counterparts shall be construed together and shall constitute one instrument,but
in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment
pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this
Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the
Parties have executed a counterpart of this Agreement shall be the"date of mutual execution"hereof.
[Signature page follows]
MAINTENANCE AGREEMENT - 7 - 3/2017
CITY OF CITY HALL
1 33325 8th Avenue South
Federa I Way Federal Way,WA 98003-6325
(253) 835-7000
www.cifyoffederalway.com
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY: ATTEST:.
By:
John on, Parks ' r Stephan*CurtWney, CMC, Ci C rk
DATE: --JL2 12- 2- APPROVED AS TO FORM:
J. Ryan Call, City Attorney
HTR GLASS &CONSTRUCTION LLC:
By:
Printed Name: AJA AGPI
Title: w$.U-
DATE:7:SZ i ,
STATE OF WASHINGTON )
) ss.
COUNTY OF \lel SPC
On this day personally appeared before meto me known to be the
" C1mg of k-' V\[,- CR L.G.S& CC)Y—yS "C"n that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited
liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument.
GIVEN my hand and official seal this G- day of Z;A&:�;)PA y
Notary's signature � J
Notary's� printed name P-P-L-0.rs on
�+ Notary Public in and for the State of Washington.
Cj
r '--: �p�ARY My commission expires j'2.01.
PUvkJPj
itl►ttwww
r �`rr Ofi WP;
MAINTENANCE AGREEMENT - 8 - 3/2017
`
Federal
Way CITY OF CITY HALL
33325 8th Avenue South
Federal Way,WA 98003-6325
(253) 835-7000
www.cj1y0ff6dsMkv,1y-com
EXHIBIT "A"
SERVICES
1. The Contractor shall do or provide the following:
• Services shall include but not be limited to the following types of door systems, Commercial door
systems, exit devices and trim, knowledge of proxy id secured doors, door openers and closers,
latching,mullions, concealed vertical rods, cable devices.
• Contractor shall perform maintenance and repair services to include but not be limited to, tune up
and operation to ensure extended life and seamless operation of door and window systems.
• Contractor and employees shall be trained and skilled to perform all related services, and have
experience with all types of commercial and residential door systems and all work shall be
performed per manufacturer's recommendation and/or per direction from Contract Administrator.
• Contractor provided materials will be marked up at an agreed upon percentage rate above wholesale,
per Exhibit B. All invoices shall be required to include wholesale cost.
• City of Federal Way reserves the right to solicit quotes on any door/window and/or general
contracting services that exceed$5,000 at City of Federal Way discretion.
• This is not a service agreement for locksmith services.
2. Contractor and its employees may be required to punch in/out on a time clock at some facilities
MAINTENANCE AGREEMENT - 9 - 3/2017
` CITY
Fe d e ra 1 Way 3332CITY OFHALL
33325 8th Avenue South
Federal Way,WA 98003003
-6325
(253) 835-7000
www ci1Wffe,der-aki av com
EXHIBIT "B"
COMPENSATION
1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to
exceed One Hundred Nine Thousand Eighty-Five and 46/100 Dollars ($109,085.46) and Washington State sales
tax equal to Ten Thousand Nine Hundred Eight and 54/100 Dollars ($10,908.54) for a total of One Hundred
Nineteen Thousand Nine Hundred Ninety-Four and 00/100 Dollars ($119,994.00).
2. Method of Compensation: Work will be invoiced using the following rates and all applicable employees
must be paid a minimum of current Washington State prevailing wages. The rate structure on-going
maintenance vs replacement to be determined prior to each job scheduled and at the sole discretion of the City
of Federal Way:
Maintenance Labor Hourly rate:
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below:
Standard Hourly Labor Rate: $ 92 per hour, per person
Evening/Weekend Hourly Labor Rate: $ 136 per hour, per person
(Minimum charge per service call: $375.00)
Materials Charge:
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of 35% above actual cost for all materials utilized. Materials receipts must be submitted
with final invoice to confirm markup.
Emergency Response Time: 24 hours or less.
Same Day Emergency Response Hourly Labor Rate: $ 184 per hour, per person
MAINTENANCE AGREEMENT _ 10 - 3/2017
Form -9 Request for Taxpayer Give Form to the
(Rev.October 2018) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information.
1 Name(as shown on your income tax rcturn).`,tern-!,-required on!hi_,J do not Leave this fine blank.
HTR Glass&Construction LLC
2 Business n.:rc,adi:.regsrc: d en--ty name,„diffcr�n[from above
M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to
following seven boxes. certain entities,not individuals;see
to
CL instructions on page 3):
o ! ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate
c single-member LLC Exempt payee code(if any)
CL 2
❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)►
o L Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting
v LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is codeif an
r another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC haat code(if
a c is disregarded from the owner should check the appropriate box for the tax classification of its owner.
w
❑ Other(see instructions)►
� (Applies to accounts maintained outside the U.S.)
N 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optlonal)
cn 31627 108th Ave SE
6 City,state,and ZIP code
Auburn WA 98092
7 List account number(s)here(optional)
Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a - -
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a
TIN, later. or
Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter.
M47 - 3 9 3 4 5 9 2
Certification
Under penalties of perjury, I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.1 am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out Stem 2 above it you have been notified by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments
other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later.
Sign Signature of / � 01.01.2020
Here U.S.person► IZ C✓I Date►
General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual
funds)
Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross
noted. proceeds)
Future developments. For the latest information about developments .Form 1099-B(stock or mutual fund sales and certain other
related to Form W-9 and its instructions,such as legislation enacted transactions by brokers)
after they were published,go to www.irs.gov/FormW9.
•Form 1099-S(proceeds from real estate transactions)
Purpose of Form •Form 1099-K(merchant card and third party network transactions)
An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest), 1098-E(student loan interest),
information return with the IRS must obtain your correct taxpayer 1098-T(tuition)
identification number(TIN)which may be your social security number •Form 1099-C(canceled debt)
(SSN),individual taxpayer identification number(ITIN),adoption .Form 1099-A(acquisition or abandonment of secured property)
taxpayer identification number(ATIN),or employer identification number
(EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident
amount reportable on an information return.Examples of information alien),to provide your correct TIN.
returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might
•Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding,
later.
Cat.No.10231X Form W-9(Rev.10-2018)
r� �"-' DATE(MMIDD/YYYY)
AC"R" CERTIFICATE OF LIABILITY INSURANCE
Imo- 5/3/2019
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 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 Cherie SteinmetZ
_NA F
....-...�.._.... _«..-.....----
Leavitt Group Northwest AIO No E : (253)833-5140 FIXNO! (253)939-9356
201 Auburn Way N Suite C AEDaRIEss; cherie-steinmetz@leavitt.com
INSURERS AFFORDING COVERAGE NAIC#
Auburn WA 98002 INSURERA:Austin Mutual Insurance Com an 13412
INSURED INSURER B:
HTR Glass & Construction LLC INSURER C:
31627 108Th Ave SE
INSURERD:
INSURER E:
Auburn WA 98092
INSURER F:
COVERAGES CERTIFICATE NUMBER:19/20 Master REVISION NUMBER:
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
INSRTYPE OF INSURANCE I NSD WVSUBPOLICY NUMBER POLICY
MMIDDIYYYY D/Y
MEFF M
LICY EXP
ITRI YYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE REM TO RENTED50,000
A CLAIMS-MADE OCCUR PSES Ea rriirrenrs3 $
X MPP7509M 5/20/2019 5/20/2020 MED EXP(Any one person) $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
X POLICYE] FPRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER STPGA $ 1,000,000
AUTOMOBILE LIABILITY CCi',•9BI N ED.S I N GL E LV 11 $ 1,000,000
,.
..,_.... ..
A X ANYAUTO BODILY INJURY(Per person) $
ALL OWNEDSCHEDULED B1P7509M 5/20/2019 5/20/2020 BODILY INJURY(Per accident) $
AUTOS AUTOS
NON-OWNED PROPERTY DAMAGE $
HIREDAUTOS AUTOS Per aceident
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000
A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000
DED I X I RETENTION$ 10.000 CUP7509M 5/20/2019 5/20/2020 $
WORKERS COMPENSATION PER
S
AND EMPLOYERS'LIABILITY Y I N ATUTE X OFR'
ANY PROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT $ 1,000,000
OFFICERIMEMBER EXCLUDED?
A (Mandatory in NH) MPP7509M 5/20/2019 5/20/2020 E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below WA Stop Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000
A Property MPP7509M 5/20/2019 5/20/2020 Leased/Rented Equipment 100,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
City of Federal Way is named as additional insured per the terms and conditions of form BP0451 0106
attached.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Federal Way THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
33325 8th Ave. South ACCORDANCE WITH THE POLICY PROVISIONS.
Federal Way, WA 98003
AUTHORIZED REPRESENTATIVE
Steinmetz/CHSTEI
C0 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
INS025(201401)
BUSINESSOWNERS
BP 04 51 01 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - WITH ADDITIONAL INSURED
REQUIREMENT IN CONSTRICTION CONTRACT
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
The following is added to Paragraph C. Who Is An A person's or organization's status as an
Insured in Section II—Liability: insured under this endorsement ends when
3. Any person(s) or organization(s) for whom your operations for that insured are
you are performing operations is also an completed or the contractor's agreement is
additional insured, If you and such terminated.
Derson(s) or organization(s) have agreed in
writing In a contract or agreement that
such person(s) or organization(s) be
included as an additional insured on your
policy. Such persons) or organization(s) is
an additional insured 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
b. The acts or omissions of those acting
on your behalf;
in the performance of your ongoing
operations for the additional insured.
BP 04 51 0106 ISO Properties, Inc., 2004 Page 1 of 1
Q some online services are currently unavailable- See a list of service outages.(https-LIni.wa.gov/agencyLsy-s-tem.stalu.9).
..■.
l/kihnr&tnduariei (httpsal i.wa.gov).
Contractors
HTR Glass & Construction LLC
Owner or tradesperson 31627 108th Ave SE
Principals AUBURN,WA 98092
Fantello Jr,Anthony Chris,PARTNER/MEMBER 206-3913255
KING County
Doing business as
HTR Glass&Construction LLC
WA UBI No. Business type
603 497 712 Limited Liability Company
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.
HTRGLGC858K7
Effective—expiration
05/27/2015—05/27/2021
Bond
RLI Ins Co $12,000.00
Bond account no.
LSM0708467
Received by L&I Effective date
05/27/2015 05/2612015
Expiration date
Until Canceled
Insurance
Austin Mutual Ins Co $2,000,000.00
Policy no.
MPP7509M
Received by L&I Effective date
04/15/2019 05/20/2019
Expiration date
05/20/2020
Insurance history
Savings
No savings accounts during the previous 6 year period.
Lawsuits against the bond or savings
No lawsuits against the bond or savings accounts during the previous 6 year period.
L&I Tax debts
No W tax debts are recorded for this contractor license during the previous 6 year period,but some debts
may be recorded by other agencies.
License Violations
...................................................
No license violations during the previous 6 year period.
Certifications & Endorsements
OMWBE Certifications
No active cer'i Ji cations exist for this business.
Apprentice Training Agent
Nn rylb;wad to IiLovn:ap. artices.
Workers' Comp
Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums.
L&I Account ID Account is current.
206,357-01
Doing business as
HTR GLASS&CONSTRUCTION LLC
Estimated workers reported
Quarter 3 of Year 2019"1 to 3 Workers"
L&I account contact
T2/SUSAN BETTS(360)902-4828-Email:BETT235@lni.wa.gov
Public Works Requirements
Verify the contractor is eligible to perform work on public works projects.
Required Training—Effective July 1,2019
Needs to complete training.
Contractor Strikes
..................................................
No strikes have been issued against this contractor.
Contractors not allowed to bid
....................
No debarments have been issued against this contractor.
Workplace Safety & Health
Check for any past safety and health violations found on jobsites this business was responsible for
No inspections during the previous 6 year period.
