HomeMy WebLinkAboutAG 21-097 - LAWSON CONTRACTING LLC DBA WRIGHT ROOFINGRETURN TO: EXT:
AUTUMN GRESSETT 6914
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
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
❑ CONTRACTAMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: ROOFING MAINTENANCE AGREEMENT
G. NAME OF CONTRACTOR: LAWSON CONTRACTING LLC DBA WRIGHT ROOFING
ADDRESS: PO BOX 9339, TACOMA, WA 98490
EMAIL: WRIGHTROOFING(dMSN.COM
SIGNATURE NAME:
TELEPHONE
FAX:
TITLE OWNER
253472-3321
7. EXHIBITS AND ATTACHMENTS: o SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXIIIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: JANUARY 1, 2021
COMPLETION DATE: DECEMBER 31, 2026
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,
RETAINAGE: RETAINAGE AMOUNT:
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW
R PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
0 LAW
PAID BY: ❑ CONTRACTOR ❑ CITY
❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
AG 12/7/2020
DK 12-11-2020; 2d review 02-25-2021
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
rjk SENT TO VENDOR/CONTRACTOR DATE SENT:' 'L I DATE REC'D:f
ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMTNDER/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
❑ SIGNATORY (MAYOR OR DIRECTOR) /
❑ CITY CLERK
❑ ASSIGNED AG# AG
❑ SIGNED COPY RETURNED DATE SENT:
COMMENTS:
DK: review folder contained what appeared to be duplicate contracts with different titles.
1 /2019
USINESS INFORMATION
isiness Name:
kWSON CONTRACTING LLC
3I Number:
13 505 236
isiness Type:
A LIMITED LIABILITY COMPANY
isiness Status:
CTIVE
incipal Office Street Address:
130 S CEDAR ST, TACOMA, WA, 98409-4745, UNITED STATES
incipal Office Mailing Address:
) BOX 9339, TACOMA, WA, 98490-0339, UNITED STATES
:piration Date:
;/31/2022
risdiction:
KITED STATES, WASHINGTON
inuation/ Registration Date:
,/11/2015
:riod of Duration:
RPETUAL
active Date:
iture of Business:
DNSTRUCTION
EGISTERED AGENT INFORMATION
;gistered Agent Name:
ILLE LAW PLLC
reet Address:
110 CATON WAY SW STE 101, OLYMPIA, WA, 98502-1228, UNITED STATES
ailing Address:
110 CATON WAY SW STE 101, OLYMPIA, WA, 98502-1228, UNITED STATES
iOVERNORS
itle Governors Type Entity Name
OVERNOR INDIVIDUAL
First Name Last Name
RYAN LAWSON
CITY OF CITY HALL
Fe d e ra I Way8th Avenue South
Feder Federal Way, WA 98003-6325
(253) 835.7aOO
cvwwal ofFederalwgyconi
MAINTENANCE AGREEMENT
FOR
ROOFING MAINTENANCE
This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Lawson Contracting LLC, DBA Wright Roofing, a Washington Limited Liability
Corporation, ("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:
LAWSON CONTRACTING LLC, DBA WRIGHT CITY OF FEDERAL WAY:
ROOFING:
Ryan Lawson
PO BOX 9339
Tacoma, WA 98490
(253) 472-3321 (telephone)
.com
The Parties agree as follows:
Rob Ettinger
Contract Administrator
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2002 (telephone)
(253) 835-2010 (facsimile)
rob. ettinger(a)cityouffederalway
com
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 February 28, 2027
("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and
the Contractor.
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 making
MAINTENANCE AGREEMENT - 1 - 3/2017
CITY OF
Federal Way C L
33325 8th Avenue South
Federaldecal Way, WA 98003-6325
44$�� (253) 835-7000
�% Avmv cU.voffederahvgy_c om
(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 Payment. 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 FinaI 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
CITY OF CITY HALL
Federal Way
Feder 8th Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
www dlyoffederalway-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.
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.
MAINTENANCE AGREEMENT - 3 - 3/2017
CITY OF CITY HALL
Fe d e ra I We Feder 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
vAvw.6 voffederalwa.y-com
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 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
MAINTENANCE AGREEMENT - 4 - 3/2017
CITY OF CITY HALL
r Federal Way 8th Avenue South
` � Federal Way, IfJA 98003-6325
(253)835-7000
wwwcityoffederalm ycorn
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 Employees. 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 Wage. 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 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.
MAINTENANCE AGREEMENT - 5 - 3/2017
CITY OF
Federal Way
6 ^ iwr
CITY HALL
33325 81h Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mvwo volfederalway-cony
12. E UAL OPPORTU LAITY 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 Intupretation 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 Assignment 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 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
MAINTENANCE AGREEMENT - 6 - 3/2017
CFedera f Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www alvoffederalwey com
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 Party
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
�. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253)835-7000
�titaw citvof(e. dere3/waVcom
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
& ows
Mmws Director
DATE: /Z v .;2O-Z /
ATTEST:
*ephh Courtney, CMC, y Clerk
APPROVED AS TO FORM:
cat
J. Ryan Call, City Attorney
LAWSON CONTRACTING LLC DBA WRIGHT ROOFING:
By:
Printed Name: Ryan Lawson
Title: Owner
DATE: 04/28/2021
STATE OF WASHINGTON )
) ss.
COUNTY OF Pierce
On this day personally appeared before me Ryan Lawson to me known to be the
Owner of Wright Roofing. 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 28th day of April
20Z,
Notary's signature
Notary's printed name4ry
?' i and for the State of Washington.
sia expires 10/10/2021
MAINTENANCE AGREEMENT - 8 -
3/2017
CITY
AN� CITY
d e ra l Way Federal
HALL
Y 33325 Sth Avenue South
Federal Way, WA 88003-6325
(253)835-7000
www ci(,voffederalway_com
EXHIBIT "A"
SERVICES
The Contractor shall do or provide the following:
• Roof services shall include, but not be limited to, hot or cold repairs to built-up roofing, blister
repairs, repairs to drains and scuppers, sheet metal work, repairs to assorted roofing materials
such as, metal roofing, shingles and PCV.
• Contractor and employees shall be trained and skilled to perform all related services, and have
experience with all types of roofing materials and all work shall be performed per
manufacturer's recommendation.
• 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 roofing repairs and/or
replacement that may exceed $5,000.
• Roof services shall include any City facility as determined by the Contract Administrator.
Contractor and its employees may be required to punch in/out on a time clock at some facilities
determined by the Contract Administrator.
MAINTENANCE AGREEMENT - 9 - 3/2017
FY
ederal W� CITY HALL
��� 33325 8th Avenue South
Federal Way, WA 98003-6325
qb (253) 835-7000
mvw cityoffederalwayrom
EXHIBIT "B"
COMPENSATION
1. Annual Total Compensation: In return for the Services, the City shall pay the Contractor a total amount
not to exceed Eighteen Thousand One Hundred Eighty -One and 80/100 Dollars ($18,181.80) and Washington
State sales tax equal to One Thousand Eight Hundred Eighteen and 18/100 Dollars ($1,818.18) for a total of
Nineteen Thousand Nine Hundred Ninety -Nine and 098/100 Dollars ($19,999.98) annually.
Lifetime of Contract Total Compensation: In return for the Services, the City shall pay the Contractor a
total amount not to exceed One Hundred Nine Thousand Ninety and 80/100 Dollars ($109,090.80) and
Washington State sales tax equal to Ten Thousand Nine Hundred Nine and 08/100 Dollars ($10,909.08) for a
total of One Hundred Nineteen Thousand Nine Hundred Ninety -Nine and 88/100 Dollars ($119,999.88) over
the lifetime of the contract.
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 hourly vs square
footage to be determined at the completion of each job scheduled and at the sole discretion of the City of
Federal Way:
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:
Projects up to 8hrs/per day Weekday Hourly Rate: $ 80/per hour, per person
OT (Weekday & Weekends) rate over 8hrs/per day Hourly Rate: $ 115/per hour, per person
Saturday Hourly Rate: $ 95/per hour, per person
Sunday Hourly Rate: $ 170/per hour, per person
Roof Replacement Square Footage rate (not including WSST):
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of the square footage charge rate schedule for removal of an existing roofing section down to
the plywood deck (assuming one layer, roofs with additional layers of material will be quoted separately) and
replaced with equal or better materials as shown below:
Built-up asphalt roofing to include insulation board and a miner cap sheet rate:
$ 12/per square foot
(minimum charge: n/a)
Architectural asphalt shingle roofing rate:
$ 6/per square foot
(minimum charge: 500 square feet)
MAINTENANCE AGREEMENT - 10 - 3/2017
CITY OF CITY HALL
A�k Federal Way8th Avenue South
Feder Federal Way, WA 98003-6325
(253, 835-700Q
WAV eitvotf"t'mjwayccm
Materials Charge
In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount
calculated on the basis of 20% above actual cost for all materials utilized. Materials receipts must be submitted with
final invoice to confirm markup.
Emergency Response Time: 4-6 hours from the time City has contacted Contractor
MAINTENANCE AGREEMENT - 11 - 3/2017
I �'
A4C7C> E> CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
05/20/2021
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 Taryn Schram von Haupt
NAME;
Rice Insurance LLC
LAtHONid Ex! : (360) 734-1161 FAx ko: (360) 734-1173
E-MAIL s; tryn@riceinsurance.com
ODRE
1400 Broadway
INSURERS AFFORDING COVERAGE
NAIC #
P.O. BOX 639
INSURER A: Continental Western Insurance Company
10804
Bellingham WA 98227
INSURED
INSURER B :
INSURER C :
Lawson Contracting, LLC, DBA: Wright Roofing
INSURER D :
PO Box 9339
INSURER E :
INSURER F:
Tacoma WA 98490
COVERAGES CERTIFICATE NUMBER: CL2152083200 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.
INSR
LTR
TYPE OF INSURANCE
AUUL1b1ftPRJ
INSD
WVD
POLICY NUMBER
POLIUYIFFF
MMIDDIYYYY
POLICYE P
MM/DDIYYYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE � OCCUR
UAMAUtlU Fa occurrence
PREMISES
$ 300,000
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$ 1,000,000
A
Y
Y
CPA6046100
05/26/2021
05/26/2022
GEWLAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE
$ 2,000,000
POLICY PRO- LOC
JECT
PRODUCTS - COMP/OP AGG
$ 2,000,000
Employee Benefits
$ 1,000,000
OTHER:
AUTOMOBILE
LIABILITY
COM81NM SINGLE LIMIT
Ea acddent
$ 1,000,000
BODILY INJURY (Per person)
$
ANY AUTO
A
OWNED IXSCHEDULED
AUTOS ONLY AUTOS
NON -OWNED
ONLY AUTOS ONLY
Y
Y
CPA6045100
05/26/2021
05/26/2022
BODILYINJURY(Peraccident)
$
VHIRED
I�AUTOS
PROPERTY OAMAGe
Per nccidenl
$
Medical payments
$ 5,000
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
s 5,000,000
A
EXCESS LIAB
CLAIMS -MADE
Y
Y
CPA6045100
05/26/2021
05/26/2022
AGGREGATE
$ 5,000,000
DED RETENTION S 10,000
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE❑
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
NIA
CPA6045100
05/26/2021
05/26/2022
PER F_
STATUTE ER
WA Stop Gap
E.L, EACH ACCIDENT
$ 1,000,000
E-L DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
Leased/Rented Equipment
Contractors Equipment
CPA6045100
05/26/2021
05/26/2022
Leased/Rented Equip
Misc Tools
100,000
5,000
Installation Floater
250,000
DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space Is required)
City of Federal Way, its elected officials, officers, employees, agents, representatives, and volunteers are Additional Insured for General Liability for Ongoing
Operations and Completed Operations per form CLCG2071-0916. Coverage is Primary and Non -Contributory per form CLCGO114-0916. Waiver of
Subrogation applies per form CLCG0492-1018. Per Project Aggregate applies per form CLCGO020-1018. Auto Additional Insured and Waiver of Subrogation
apply per form CLCA0149-0617. Umbrella Primary and Non -Contributory per form CLCU2470-0916. Umbrella Waiver of Subrogation applies per form
CLCU2474-0913.
GtK I IFIGAI L HULUt:K UAINUCLLAI IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS.
33325 8th Ave S
AUTHORIZED REPRESENTATIVE
Federal Way WA 98003-6325
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
