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AG 21-027 - American Abatement & Demo LLCFEDERALCITY OF i, LAW DEPARTMENT ROUTINGFORM DATE i By: February 11 2021 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT 1 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. PROJECT NAME: Asbestos Abatement / Rice vo 19-105878 6. NAME OF CONTRACTOR : American Abasement & Demo LLC, UBI 604-077-665 ADDRESS: 18855 SE Auburn Black Diamond RD, Auburn WA 98092 _...A. m_ 'TELEPHONE 253 929 8730 E-MAIL: Mari@aad-vva.com FAX: SIGNATURE NAME: _..� - `,l I .ner :.' �,.—...,..�m_�....�.�....m TITLE Ow 7. EXHIBITS iSCOPE,•' OR SERVICES ■ COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE■ ALL OTHER REFERENCED It " • OF AUTHORITY TO SIGN ■ REQUIRED LICENSES PRIOR CONTRACT/AMENDMENTS DATE:COMPLETION 9. TOTAL COMPENSATION $ $27,541.25 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY TES) IMUSABL EXPENSE: ❑ YES 19 NOf IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES IDNO IF YES, $ PAID BY: ❑ CONTRACTOR A CITY TAINAGE: RETAINAGE AMOUNT: ElTAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDEI PURCHASING: PLEASE CHARGE TO: 1101-5200-074-55s-50-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) It LAW Eric 2/16/2021 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 3/2/2021 12. CONTRACT NAU G SENT TO VENDOR/CONTRACTOR DATE SENT: n!a DATE C' : n'a 1; ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 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.) 19 LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED A# COMMENTS: Contract for demolition, including asbestos removal. INITIAL' DATE SIGNED _ I1 ) This Goods and Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and American Abatement & Demo 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: Maricelys Borrero 18855 SE Auburn Black DiwKdW,-* Auburn WA 98092 253-929-8730 (telephone) Mari@aad-wa.com Jim Ferrell 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2402 (telephone) i"LLU -91C Ifle UaLe oi mutual execution, ana snall continue until the comp e—tion—ol—the-ITo April 3 0, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 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"), perfornmi his • her designee. I'll I ANN I �11111ii IRAN i q, 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 are not acceptable. When defects are corrected, the warranty wrarwrW71 M. 1pi-TWJR�Offl -Twim-w-, City in order to accomplish the correction. UOODS AND SERVICES AGREEMENT - I - 9/2017 COY *F CITY HALL 4; 33325 Oth Aftnue South 6� FWeral'V��y Foderal Way, WA 98003-6325 M) 835-7000 ��Am*com 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 Iqual Payment: Waiver qMlaims. Contractor's acceptance of final payment shall constitute a waiver of an7,"n&aM-"- ' yj,;*wv*KcV& ?JCFi MX time request for final payment is made. i 0104122*122A 5.1 Contractor The Contractor agrees to release indemnify, defend, and hold the City, its elected officials,, officers emj.19�-Aee a.gents,-rALrtset-iat;jve-*�&vjva&- 2t14 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 re resentatives arisin fro r ulting fir I k-441ILTUCEIT Man 0IRWC L11aL UnUn suo-contractor snall agree to delend and indemnity the City, its elected offlicials, officers, em , ployees, 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 JWp jourance Act Waiver. -e �� it is specifically and expressly understood that the Contractor waives any immunity that may be aranted to it under the Was in ton State industrial insurance act, Title 51 RCW, h , g solelli for the yin�Foses of th" ? 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 CIN Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors shareholders m 0 51 ners e gents 5.4 Survival. The provisions of this Section shall survive the expiration or termination ofthis 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 expiration or termination as follows: GOODS AND SERVICES AGREEMENT -3- 9/2017 0TV 09 CITY HALL 33325 Sth Avenue South 46� F4deivi Way, YM 98003-6325 i ♦, ` i ♦ f # ar f i r i a ,• y a ♦ _ ♦ago Imiffal appeals, in addition to any other recovery or award provided by law; provided,.however, bowevabothi" !his paragraph shall be construed to limit the Parties' rights to indembificAWn umdr Section 5 ofthis AgrPment. ♦ . iTTT0-=s X-M =,TfTrt7rCTe-s-ffave executect a counterpart 01 this Agreement shall be the "date of mutudf execution" hereof. GOODS AND SERVICES AGREEMENT - 7 - /17 CITY OF CITY HALL 33325 Sth Atnue South V$4y Feti deral Way, WA 98003-6325 (;53) 635-7000 www��conl rN WITNESS, the Parties execute this Agreement below, effective the last date written below. DATE: rP-/ )ss. COUNTY AA V otep rani urtney, C C, City Clerk J. Ryan Call, City Attorney On this day personally appeared before me fftd32t��. to me known to be the of Arnprirn that executed the foregoing instrunie 905�-T �—, �- W company, for the uses and purposes therein mentio-udjamdp-Tj-&e"-,.5 *-e . r9wit-turo GIVEN my hand and official seal this -III) day of LUaCj+_, 20ZL. Notary's signature Notary's printed name �—�P�ic ind for t Not ubl' in and f r the State of Washington. My commission expires--�� GOODS AND SERVICES AGREEMENT -8- 9/2017 CITY OF CITYHALL 33325 Sth AvenueSouth Federal Way Federal Way, WA 9 003-632 �} -000 t"A'V1Vx'f w ff et1 4! m EXHIBIT"A" The Contractor shall Ri or provide the following at iiil 181hAvenue South,Federal iii parcel Scope GOODS AND VICES AGREEMENT - 9 - /2017 CITY OF CITYHALL 33325 th Avenue SOUth Federal Way Federal Way, WA 03 323 ()$35-7000 tomolyoffederalowycom EXHIBIT " " r 1. Total i, r r i for pay the Contractor an amountnot i exceed Twen -Four Thous r♦- _i i i i 1 i :-• - - . i 1 ii1 r• . f ;i `i- i • � _. 'i i i' i -r + . 'i �� i� �� i ri . i ! ♦ -i GOODS AND t, 9/2017 for breach of ul-1 s Section shall be monetary damages (and not specific perfor- mance), which may be offset against distributions by the Company to which such withdrawing Member Would otherwise be entitled. 2.3 Inspection of Records. Upon reasonable notice, each Member or a principal or agent of Member, shall have the right to inspect and copy the books and records of the Company during ordinary business hours. 2.4 Personal Guaranty of Company Financing. If required by the Company's lendcr(s) or lessor(s), each Member, shall personallyy1jointly and severally guarantee payment of an operating loan or line of credit, equipment financing, equipment leases, real property' leases, and such other obligations of the Company as the Members, by a Major Decision, determine require personal gLIRr',111dCS (collectively "GLIarantced Obligations"). No amount shall be credited to the Members' Capital Accounts, defined below, in respect of such personal guaranties. Each Member, and his Or her marital community, shall execute such dOCLIMentS to evidence this guaranty as may be reasonably required by the Company's lender(s) or lessor(s). 2.7 Indemnification on Personal Guaranties. Each \4cinbcr shall Indemnify, defend and hold harmless the other Members against any liability, loss, damage, cost_ or expense incurred by the other Members, including but not limited to attorneys' I fees, due to the indemnifying Member's failure to P,-1)7 Its share of the Guaranteed Obligations. An indemnifying Member's share of the Guaranteed Obligations, For J)Lirposcs of this paragraph, shall equal the product of @ the aggregate amount of the Guaranteed Obligations collected from the J\4.cri1bCr(S), ,multiplied by (Hi) a frac- tion consisting of (x) the number of Unit, held by the indemnifying Mcn-iber, di- vidcd by (y) the number of Units held by all of the Members then personally liable for payrnent of the Guaranteed Obligations (former Menibers released from lia- bility Linder the personal guaranty, Members indemnified by the Company from liability under the personal guaramy, Members whose liability has been discharged in bankruptcy, due to lack of jurisdiction or insolvency or orliciwise discharged by law shall be disregarded). Article 3. Management and Memberz 3.1 Management, The business and affairs of the Company shall be managed ley a Manager, 3.1.2 Operation of the Companyasa Separate E-Interprise. The Manager shall cause Arnericap Abatemcnt & Demo ', Lei. C , P,\(,,j: 2 Sr-'coND Ah I [:NDr:D AND RFSTA-ru) LIMITIT) LIABILITYCOMPAWAG It I: EMENT Mli--Kmq:41121 , III LAI 91 lie V-1• INSURED American Abatement and Demo LLC 18855 SE Auburn Black Diamond Rd Auburn, WA 98092 INSURER A: GuideOne National Insurance Co, INSURER B Nationwide Insurance Co. 2376 INSURER C. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EXP LTB 1 11010111 TYPE OF INSURANCE POLICY NUMBER LIMITS 1,000,000 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S F-71 _1CLAIMS-MADE X OCCUR IENV562000970-02 2/2/2021 2/212022 DAMAGE TO RENTED 50,000 LP'RFMjSEi'(Es , "'c $• MED EXP (Anv one nerson) S 5,000 E AGGREGNTE LIMIT APPLIES PER: POLICY PRO. LOC JECT X ANY AUTO OWNED SCHEDULED X AUTOS ONLY HIRED AUTOS X NON -OWNED x AUTOS ONLY Comp ded $1,000 — AUTOS ONLY x :Coll dell $1,000 A UMBRELLA LIAB X OCCUR X EXCESS LIAB CLAIMS-MADE nFn X RFTFNTIC)NA 10,000 If yes, describe under DESCRIPTION OF 0 A Pollution Liabili A Professional Ll; Y/N NIA iiC 5E ERAL AGGREGATE $ DUCTS- COMP/OP AGG LIMIT 2/2/2021 1 2/2/2022 2/12/2021 2/12/2022 ! '-,AGGREGATE,,, $ 212/2021 r 2/2/2022 Agg- Claims Made 2/2/2021 2/2/2022 Agg- Claims Made DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) City of Federal Way are included as additional insured when required by written contract with regard to General Liability 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 Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD al AMERICAN ABATEMENT & DEMO, 7470-1 18855 SE AUBURN BLACK DIAMOND RIV AUBURN WA 98092-9109 s BUSINESS LICENSE srHINGTO Issue Date: Feb 05, 2021 ASHIGT Unified Business ID #: 604077885 Limited Liability Company Business I : 001 Location: 0001 AMERICAN ABATEMENT & DEMO, LLC Expires: Jan 31, 2022 AMERICAN ABATEMENT AND DEMO 18855`SE AUBURN BLACK DIAMOND RD AUBURN, WA 98092-9109 TREMPLOYMENT INSURANCE INSURANCE REGISTRATIONTAX ENDORSEMENTS:CITY COVINGTON GENERAL BUSINESS - NON-RESIDENT NON-RESIDENTEDGEWOOD GENERAL BUSINESS - NON-RESIDENT (EXPIRES 6/30/2021) - ACTIVE LAKE STEVENS GENERAL BUSINESS - SAMMAMISH GENERAL BUSINESS - • r r 0 !' TUKWILA GENERAL BUSINESS - • r a 1 i SEATAC GENERAL BUSINESS - • • • I' 1 r * rN ESr 1I RESTRICTIONS:LICENSING Not licensed to hire minors without a Minor Work Permit. This docunAent hst5 the Ireglquaations, endorsements, and liQ ense$ aUthoriz ed for the bushiess named above. By accepting this document, the licensee cenifies the information on the application was complete, true, and accurate to the best of his or heeknowledge, and that business wrlll be conducted in comaphance weth all a ble icable Washing ton. state, county, and city regulations, Din,no,, D,,pannrent of Revenue STATE OF WASHINGTON UBI: 60407785 001 0001 AMERICAN ABATEMENT & DEMO, UNEMPLOYMENT INSURANCE - LLC ACTIVE AMERICAN ABATEMENT AND INDUSTRIAL INSURANCE— ACTIVE DEMO TAX REGISTRATION -ACTIVE 18855 SE AUBURN BLACK COVINGTON GENERAL BUSINESS - DIAMOND RD NON-RESIDENT (EXPIRES 8131/2021) AUBURN, WA 98092-9109 -ACTIVE EDGEWOOD GENERAL BUSINESS - NON-RESIDENT (EXPIRES 613012021) ACTIVE LAKE STEVENS GENERAL BUSINESS - NON-RESIDENT -ACTIVE SAMMAMISH GENERAL BUSINESS - NON-RESIDENT (EXPIRES 613012021) - ACTIVE TUKWILA GENERAL BUSINESS - NON-RESIDENT (EXPIRES 613012021) gaLao02 Director Deoartment of Revenue