HomeMy WebLinkAboutPK15-379 - Original - Sterling Marine Services - Lake Meridian Dive Services - 10/06/2015 i
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KE T Document
V/ASHINGTON
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Sterling Marine Services
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Vendor Number: 1125951
JD Edwards Number
Contract Number: -3 !
This is assigned by City Clerk's Office
Project Name: Lake Meridian Dive Services
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment x Contract
El Other:
Contract Effective Date: 9/26/2015 Termination Date: 10/30/2015
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Garin Lee Department: Parks Operations
Contract Amount: Not to exceed $8000 00
Approval Authority: ❑ Department Director ❑ Mayor ❑ City Council
X Parks Superintendent
Detail: (i.e. address, location, parcel number, tax id, etc.):
Lake Meridian- located at 14800 SE 272nd Street, Kent WA 98032. To disperse rock pile
and obstructions from shallow waters off the swimming beach of Lake Meridian Park.
Work to be performed as described in the contractor's proposal attached and incorporated
as Exhibit A.
As of: 08/27/14
OPEC£�'1'OP�1^�
Garin Lee
Superintendent
220 4th Avenue South
^ Kent, WA 98032
— ff L Fax: 253-856-6120
wanim�rau
PHONE: 253-856-5131
November 30, 2015
Sterling Marine Services
7001 Seaview Avenue N.W.
4 160-546
Seattle, WA 98117
RE: LAKE MERIDIAN DIVE SERVICES, 14800 SE 272ND ST, KENT WA
NAME: LAKE MERIDIAN DIVE SERVICES
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This letter provides notification that the work performed by Sterling Marine Services LLC
has been completed according to the scope of work described in the contract. The project
featured a four-person dive team to disperse rocks and obstructions from the shallow waters
in Lake Meridian off the swimming beach.
Should you have any questions please contact me at 253-856-5131.
Sincer ly,
Garin Lee
Park Operations Superintendent
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City of Kent Parks, Recreation & community services
Jeff Watling, Director
KENT
PUBLIC WORKS AGREEMENT
between City of Kent and
Sterling Marine Services LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Sterling Marine Services LLC organized under the laws of the State of
Washington, located and doing business at 7001 Seaview Ave NW #160-546, Seattle, WA 98117; P:
(206)518-2704 (hereinafter the "Contractor").
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Disperse rock pile and obstructions from shallow waters off the swimming beach of Lake
Meridian Park Located at 14800 SE 272nd st., Kent, WA 98032. Work to be performed as
described in the contractors propsal attached and incorporated as Exhibit A.
Contractor further represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices within the Puget Sound region in effect at the
time such services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon execution of this Agreement. Upon the effective date of this
Agreement, Contractor shall complete the work described in Section I by October 301h, 2015.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Eight
Thousand Dollars ($8,000), including any applicable Washington State Sales Tax, for the work and
services contemplated in this Agreement. The City shall pay the Contractor fifty percent (50%) of the
Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the
City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of
the conditions listed below and throughout this Agreement.
A. No Payment and Performance Bond. Because this contract, including applicable sales
tax, is $3S,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu
of providing the City a payment and performance bond, has elected to have the City
retain the final fifty percent (SO%) of the Contract amount for a period of thirty (30)
days after the date of final acceptance, or until receipt of all necessary releases from
the State Department of Revenue, the State Department of Labor & Industries, and
the State Employment Security Department, and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
PUBLIC WORKS AGREEMENT - 1
($20K or Less and No Performance Bond)
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B. Defective or Unauthorized Work. The City reserves its right to withhold payment
from Contractor for any defective or unauthorized work. Defective or unauthorized
work includes, without limitation: work and materials that do not conform to the
requirements of this Agreement; and extra work and materials furnished without the
City's written approval. If Contractor is unable, for any reason, to satisfactorily
complete any portion of the work, the City may complete the work by contract or
otherwise, and Contractor shall be liable to the City for any additional costs incurred
by the City. "Additional costs" shall mean all reasonable costs, including legal costs
and attorney fees, incurred by the City beyond the maximum Contract price specified
above. The City further reserves its right to deduct the cost to complete the
Contract work, including any Additional Costs, from any and all amounts due or to
become due the Contractor.
C. Final Payment: Waiver-of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF
CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE
AND ACCEPTED.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Contractor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Contractor maintains and pays for its own place of business from which
Contractor's services under this Agreement will be performed.
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C. The Contractor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Contractor's services and is a service other than that furnished by the City,
or the Contractor is engaged in an independently established trade, occupation,
profession, or business of the same nature as that involved under this Agreement.
D. The Contractor is responsible for filing as they become due all necessary tax
documents with appropriate federal and state agencies, including the Internal
Revenue Service and the state Department of Revenue.
E. The Contractor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Contractor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an
electrical contractor license pursuant to Ch. 19.28 RCW.
G. The Contractor maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
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PUBLIC WORKS AGREEMENT - 2
($20K or Less and No Performance Bond)
B. The Contractor's failure to complete the work within the time specified in this
Agreement.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or
regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
F. The Contractor's breach of any portion of this Agreement.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further
money due under this Agreement until the Contract work is completed. After termination, the City may
take possession of all records and data within the Contractor's possession pertaining to this project which
may be used by the City without restriction.
VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing
Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract
work. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other
applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the
Department of Labor and Industries is attached.
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VII. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a change
order is necessary, Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date
Contractor knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with
the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will
determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the
change order work upon receiving either a written change order from the City or an oral order from the
City before actually receiving the written change order. If the Contractor fails to require a change order
within the time specified in this paragraph, the Contractor waives its right to make any claim or submit
subsequent change order requests for that portion of the contract work. If the Contractor disagrees with
the equitable adjustment, the Contractor must complete the change order work; however, the Contractor
may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that is
accepted by Contractor as provided in this section shall constitute full payment and final settlement of all
claims for contract time and for direct, indirect and consequential costs, including costs of delays related
to any work, either covered or affected by the change.
VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall
give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the
events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or
should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written
claim is made in strict accordance with the applicable provisions of this Agreement.
PUBLIC WORKS AGREEMENT - 3
($20K or Less and No Performance Bond)
At a minimum, a Contractor's written claim shall include the information set forth in subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or disruption.
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B. Records. The Contractor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall
proceed promptly to provide the goods, materials and services required by the City under
this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Contractor completely waives any claims for protested work and accepts from
the City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE
THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE
FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall
promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have
known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or
discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within
a reasonable time as determined by the City, the City may complete the corrections and the Contractor
shall pay all costs incurred by the City in order to accomplish the correction.
PUBLIC WORKS AGREEMENT - 4
($20K or Less and No Performance Bond)
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XI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the
Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, j
national origin, or the presence of any sensory, mental, or physical disability, discriminate against any
person who is qualified and available to perform the work to which the employment relates.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to
property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers,
officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent
of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then
Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and
reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful
refusal on the Contractor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the
Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by
this reference.
XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the
performance of the contract work and shall utilize all protection necessary for that purpose. All work shall
be done at 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.
XV. MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
PUBLIC WORKS AGREEMENT - 5
($20K or Less and No Performance Bond)
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Contractor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of those operations.
I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Contractor in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying
the City's duties and obligations under the Public Records Act.
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J. City_Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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K. Counterparts and _Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
PUBLIC WORKS AGREEMENT - 6
($20K or Less and No Performance Bond)
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below.
CONTRACTOR: CI7 OF KE T:
By By 14pam"�
4 _ (sigpature) (signature)
Print Na{ e: ' r < t" + 4 Prin Name: Jeff Watling
Its f ?` ,,c V Its: Parks Director
„ {'title).- _
DATE: E- DATE: i G
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
CONTRACTOR: CITY OF KENT:
Garin Lee
Sterling Marine Services LLC City of Kent
7001 Seaview Ave NW 220 Fourth Avenue South
#160-546 Kent, WA 98032
Seattle, WA 98117
(206) 518-2704 (telephone) (253) 856-5131 (telephone)
(206) 400-7915 (facsimile) (253) 856-6120 (facsimile)
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PUBLIC WORKS AGREEMENT - 7
($20K or Less and No Performance Bond)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
S. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above._._._-
Bya,signing below, I agree to fulfill the five requirements referenced above.
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Title; > cY
Date:
EEO COMPLIANCE DOCUMENTS - 1
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
III
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these j
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
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EEO COMPLIANCE DOCUMENTS - 2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
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I, the undersigned, a duly represented agent of
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Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
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Date:
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EEO COMPLIANCE DOCUMENTS - 3
Exhibit A
F— Sterling Marine Services
LLC
7W 1 Seaview-k%. NW
V16M46
Seattie.WASiS117
Ph:205-512-1734
Ev.nm!�DD 727 Fax:2MAO-7015
6A'fr.vmeamgmumiac.c=
SwT
Ead Bete
5;aI=bvy Lake Moulian
i Estmam CRYOMMA
sit Tor Bwt CMr F-1 14M SE Mad St
KEDLWASISD30
Type Description Quantity Unit Amount
Price
M05 Moblizallon to Lake Merw Onalte equipment MI tee vessel,truck,air LOD ;925.00 $925.00
compressor.
Gonalfficaun Four person Dive team to asperse rocks and obat=Jws from shaflaN
&Ship Waters In Lake Meridian Off the 9WIMMIng bEOCn.PREW311W Wages LLD $4,00.01) $4,5M,D0
Services apply.crew to inclule dNe vessel,dK%supervmr,two covers.and one
tender.Day Inchwes up to a Ori-age hours
miac-afirent Cast W air wmpres r are other equipment 10 move de" 109 5575-00 $575.Dfl
AmonuatDue $6,000.00
This Work Order is not an iax*ice.Please DO NOT pay 3m bill based off the abme amounts,as sales tax will be
added,and actual crmij;deted work may differ faun the Wells order.
Page 1 1
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EXHIBIT
INSURANCE REQUIREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired
and leased vehicles. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide
contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO
occurrence form CG 00 O1 and shall cover liability arising from
premises, operations, independent contractors, products-completed
operations, personal injury and advertising injury, and liability
assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project
Endorsement ISO form CG 25 03 11 85. The City shall be named as
an insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using
ISO additional insured endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
3. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
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Contractor shall maintain the following insurance limits:
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1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
EXHIBIT Continued )
Other Insurance provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability and Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any
Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess
of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on all policies (except Professional
Liability) as respects work performed by or on behalf of the contractor and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance. The City reserves the right to receive a certified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall also contain a clause
stating that coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before commencement of the work.
I
F. subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverages for subcontractors shall be
subject to all of the same insurance requirements as stated herein for the Contractor.
l
I
I
i
4
r015-09-02 09: 14 253 556 6120 P 2/2
CERTIFICATE
r /�r� [ &p� (p [ L,( g p p y pq{� B, p�I�
^I� CERTIFICATE OF LIABkr T1 i SUI`cANCom DATC IMMIDDIYI'1'YI
ape- o61 0l s
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 I cortificoto holder Is an ADDITIONAL INSURED,the pollcy(los)must Is ondorsod. if SUBROGATION IS WAIVED,subject to
the Corms and conditions of tho policy.certain policies may roclulro an ondorsomont. A statement on this certificate does not confor rights to the
cortlficato holder In Ileu of such endorsomont s .
CONTACT
PRODUCOR ,NAM '
DML Insurance Services, Inc PHONE (2D6)638.0077 _ P^% (2D6)B38-9076
AICJIoprr(' .Nal'
4005 20th Ave W$10 132 .MAIL l y
Ssaltlo WA 98199 .nDonasD' •-•'
IN9UR�t�30HD�GscP.V.);BAO.E__.,,.. NAICR
`Jtl UBUIS ,Groat American Ins Co _
INSURED JNOUR6RA'
Sterling Marine Services,LLC JXOURCRc.;,_
7001 Seaview Ave NV)#160.546 IBAURETID --
Seattle WA 98117- JN LIRER V
COVERAGES CERTIFICATE NUMBER: 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 REOUIREMENT,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,
EXCLVSIONS AND CONDITION5 OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,-
INBR AODL 9ll0k POLICY EPP POLICY fl%P uMlr9
TYPO OP INSURANCE
A X COMMERCIAL CBNORALLIADILITY x OMH3464368 08119/2015 061191201E EACHOQQURRENCE y 1,000,000 _
�� DAMAGE TO RENTCD 300.000
_ CLAIMS-MADE (^J OCCUR IsIPq Pa°c,= $
Mee 14 An m�pNmen a 5,000_
PER90NAL 6 ADV INJURY § 1,000.0000
GEN'L AGGR2GATE LIMIT APPLIES PER: GENERAL AGGREGAT y 2,000,000
POLICY 1:1 PRO- ❑ LOC PRODUCTS-CQ?AE1QPAG
_ ' 1,DOO,DOO
JECT
E
COMOINCO SINGLE LIMIT § 1000QQQ
q Au+omooaaua.muTY k OMH3484368 6l1912095 611812016
6ANYINSC;HIDULID5OYMCDSCCUR A GR[GA7�,•„ E
LAIyA�'
5
A WORKERS COMPaNOAT10N OMH3484368 06119l2016 ,O6l19l2016 _ PER orH.
AND CMPLOYERD'UADIUTY 1,000,000
STAILL ,
ANY PROPMETORNARTNCRICXCCUTIVE �IY�I N� ACygO01pFNT
OFFICUPIAIDMDCR FXCLUDCD'1 I'- INIA CAI _DIY^le.rnrMPLQYLL 1,000,000
(Mhndbtory In NH)
II 0e,d0ecnbeunder5 L QlRPASr.-POLICY IMIT 1.000.000
OEaCRIPTION OP OPERATIONS f LOCAT10NO IVEHICLEB (ACORO 101,A401oni l Ram®rkc Bohbdul<,Mby be MUDhtd If mere spnee la mp�Ireal
BDlow cor0ricato holdor Is additlon_Insured with regard: !i
work done by namod insured
CERTIFICATE HOLDER CANCELLATION AI 008067
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City Of Kent ACCORDANCE WITH THE POLICY PROVISION$,
22D Fourth Ave S
Kent WA 98032- AUTHORILEO REPREEENTATIVC -
Vv I
I
®19Ba-2014 ACORD CORPORATION, All rights resorvod.
ACORD 25(2014101) The ACORD name and logo fro rogistorod marks of ACORD
r� 15-04-02 09. 14 1 Z517) 856 6120 P 1/2
D E INS URA NCE SER VICES, INC.
4005 20"" AVE IV STE I32. SEATTLE, IvA 98199
PHONE: 206.838.9077 • F.AXr 206-838-PO76
Fax Memo
DATE: September 02, 2015
TO: City of Kent
ATTN;
PAX: 253-856-6120
pngas following; I
RE: Sterling Marine Services, UC
Certificate of Insurance
Following please find the certificate of insurance for the insured Sterling Marine Services, Let
us know if additional information is needed.
Sincerely,
$Slca C011SCrt
I
Page Iof3
State of Washington
Department of Labor & Industries
Prevailing Wage Section -Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Statement of Intent to Pay Prevailing Wage
Proiect
Project Detail - Dashboard
Document Received Intent ID: Affidavit ID: Status: Approved On
Date: 9/17/2015 721254 605326 10/19/2015
Company Details
Company Name: STERLING MARINE SERVICES LLC
Address: 5109 SHILSHOLE AVE NW
SEATTLE, WA, 98107
Contractor Registration No. STERLMS882RJ
WA UBI Number 602973969
Phone Number 206-518-2704
Industrial Insurance Account ID 22001900
Email Address shines@stertingmarinetic.com
Filed By Hines-Elzinga, Sterling
Prime Contractor
Company Name STERLING MARINE SERVICES LLC
Contractor Registration No. STERLMS882RJ
WA UBI Number 602973969
Phone Number 206-518-2704
Project Information
https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 10/26/2015
Page 2 of 3
Awarding Agency KENT, CITY OF
220 - 4TH AVE S KENT, WA -
98032-5895
Awarding Agency Contact Garin Lee
Awarding Agency Contact Phone Number 253-856-5131
Contract Number N/A
Project Name Lake Meridian Dive Services
Contract Amount $6,400.00
Bid due date 8/14/2015
Award Date 9/1 /2015
Project Site Address or Directions 14800 SE 272nd ST, Kent, WA
98032
Payment Details
Check Number:
Transaction Id: 104930831
Intent Details
Expected project start date: (MM-DD- 9/16/2015
YYYY)
In what county (or counties) will the work King
be performed?
In what city (or nearest city) will the Kent
work be performed?
What is the estimated contract amount? $6,400.00
OR is this a time and materials estimate?
Will this project utilize American No
Recovery and Reinvestment Act (ARRA)
funds?
Specifically, will this project utilize any No
weatherization or energy efficiency
upgrade funds (ARRA or otherwise)?
Does your company intend to hire ANY No
subcontractors?
https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx 10/26/2015
Page 3of3
Does your company intend to hire No
subcontractors to perform ALL work?
Wilt your company have employees Yes
perform work on this project?
Do you intend to use any apprentices? No
(Apprentices are considered employees.)
How many owner/operators performing 1
work on the project own 30% or more of
the company?
journey Level Wages
County Trade Occupation Wage Fringe #
Workers
King Laborers Diver $44.00 $0.00 2
Public Notes
n Show/Hide Existing Notes
i
No note exists
https://fortress.wa.gov/Ini/wagelookup/IntentDetaiIs.aspx 10/26/2015
Page 1of3
State of Washington
Department of Labor & Industries
Prevailing Wage Section - Telephone 360-902-5335
PO Box 44540, Olympia, WA 98504-4540
Affidavit of Wages Paid
Project
Project Detail - Dashboard
Document 10/19/2015 Intent 721254 Affidavit 605326 Affidavit Approved
Received Id Id Status on
Date 10/23/2015
Your Company Information
Name STERLING MARINE SERVICES LLC
Address 5109 SHILSHOLE AVE NW
S EATTLE,WA,98107
WA UBI no. 602973969
Contractor Registration no. STERLMS882RJ
Industrial Insurance Account Id 22001900
Email Address shines@sterlingmarinellc.com
Filed By Hines-Elzinga,Sterling
Project Information
Awarding agency: KENT, CITY OF
220 - 4TH AVE S KENT, WA -
98032-5895
Awarding agency contact: Garin Lee
Awarding agency contact phone number: 253-856-5131
Project Details
Project name Lake Meridian Dive Services
https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.. .. 10/26/2015
Page 2of3
County where work was performed King
City where work was performed Kent
Job site address/directions: 14800 SE 272nd ST, Kent, WA
98032
Prime contractor name STERLING MARINE SERVICES LLC
Prime contractor registration no. STERLMS882RJ
Contract no. N/A
Prime contractor Phone Number 206-518-2704
Prime contractor Intent form Id# for this 721254
project
Dollar amount of your contract: $ 6,400.00
Bid due date 8/14/2015
Contract award date 9/1 /2015
Intent filed date 9/17/2015
Job start date:MM-DD-YYYY 9/16/2015
Date work completed:MM-DD-YYYY 10/7/2015
Project Completion j
Did your subcontractors perform all work No
on this project?
Did your company hire any subcontractors? No
Did your company have employees perform Yes
work on this project?
Did this project utilize American Recovery No
and Reinvestment Act (ARRA) funds?
Specifically, did this project utilize any No
weatherization or energy efficiency
upgrade funds (ARRA or otherwise)?
Company Owner Information
How many owner/operators performed 1
work on the project that own 30% or more
of the company?
First Name Last Name
https://fortress.wa.gov/Ini/wagelookup/AffidavitDetaiIs.. .. 10/26/2015
Page 3 of 3
Sterling Hines-Etzinga
Affidavit Subcontractor(s)
No subcontractor is selected for this affidavit.
rn
Journeylevel Wages
County Trade Occupation Wages Fringes # #
Workers Hours
Laborers Diver 144.00 0.00_ 2 9.00
Apprentice Wages
Public Notes
,i Show/Hide Existing Notes
No note exists
https://fortress.wa.gov/1ni/wagelookup/AffidavitDetaiIs.. . . 10/26/2015