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HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 10/18/2018 Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the third Thursday of each month in the Kent City Hall, Council Chambers East, 220 Fourth Avenue South, Kent, WA 98032. For additional information please contact Ron Lashley at 253 -856-5101, or via email at RLashley@KentWA.gov. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 7-1-1. Parks and Human Services Committee Agenda Chair - Brenda Fincher Satwinder Kaur– Marli Larimer Ronald Lashley, Committee Secretary Thursday, October 18, 2018 5:00 p.m. Item Description Action Speaker Time 1. Call to Order Chair 01 MIN. 2. Roll Call Chair 01 MIN. 3. Changes to the Agenda Chair 01 MIN. 4. Approval of September 20, 2018 Minutes YES Chair 05 MIN. 5. Public Works Agreement with Modern Building Systems - Recommend YES Alex Ackley 05 MIN. 6. Comprehensive Recreation Program Plan Overview - Information NO Julie Parascondola 30 MIN. 7. Contract with PROS for Comprehensive Recreation Program Plan - Recommend YES Brian Levenhagen 05 MIN. 8. Lease with Union Pacific Railroad for Uplands Extension - Recommend YES Brian Levenhagen 05 MIN. 9. Directors Report NO Julie Parascondola 10 MIN. 10. Adjournment Chair 01 MIN. Page 1 of 2 Approved Parks and Human Services Committee CC Parks Regular Meeting Minutes September 20, 2018 Date: September 20, 2018 Time: 5:00 PM Place: Chambers East Attending: Brenda Fincher, Committee Chair Satwinder Kaur, Councilmember Marli Larimer, Councilmember Ronald Lashley, Committee Secretary Agenda: 1. Call to Order 5:00 PM 2. Roll Call Attendee Name Title Status Arrived Brenda Fincher Committee Chair Present Satwinder Kaur Councilmember Present Marli Larimer Councilmember Present Ronald Lashley Committee Secretary Present 3. Changes to the Agenda No Changes to the Agenda 4. Approval of Minutes dated August 16, 2018 MOTION: Move to approve the Minutes dated August 16, 2018 RESULT: APPROVED [UNANIMOUS] MOVER: Satwinder Kaur, Councilmember SECONDER: Marli Larimer, Councilmember AYES: Fincher, Kaur, Larimer 5. Clark Lake Park Properties Demolition - Recommend This was a unanimous vote. MOTION: Move to recommend council authorize the mayor to sign a public works agreement with Skycorp, in the amount of $80,245, for the demolition of houses and outbuildings on the Lake and Walla properties at Clark Lake Park, subject to final terms and conditions acceptable to the parks director and city attorney. 4 Packet Pg. 2 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 2 0 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) Parks and Human Services Committee CC Parks Regular Meeting Minutes September 20, 2018 Kent, Washington Page 2 of 2 RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS] MOVER: Marli Larimer, Councilmember SECONDER: Satwinder Kaur, Councilmember AYES: Fincher, Kaur, Larimer 6. Parks 2019 - 2020 Budget Approach A powerpoint presentation was given by Director Julie Parascondola along with handouts of the Park and Recreation Services Strategic Alignment Flowchart and 15 Strategic and CAPRA Planning Processes Guiding Plan outline to give the Committee insight as to how the Parks Department has approached the Budget. 7. Director's Report Working on the Marketing and Outreach Program with JayRay and the Survey to go out citizens of Kent on September 21, 2018. The focus of the survey is to better understand how citizens are getting information regarding the City of Kent services. Recreation Program Plan Survey will come out in January 2019 Lake Meridian Restroom renovation will be done by the previous designer. Wanting to have the Mayor waive public bidding process and utilize the previous contractor to do the work to expedite completion of the restroom to have it reopen for the public by late May or early June. Ronald Lashley Committee Secretary 4 Packet Pg. 3 Mi n u t e s A c c e p t a n c e : M i n u t e s o f S e p 2 0 , 2 0 1 8 5 : 0 0 P M ( O P E N S E S S I O N ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: October 18, 2018 TO: Parks and Human Services Committee SUBJECT: Public Works Agreement with Modern Building Systems - Recommend MOTION: Move to recommend council authorize the mayor to sign a public works agreement with Modern Building Systems, Inc. in the amount of $300,328.60 for the site preparation, purchase and installation of a new modular building to be located at the City Shops facility, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: Due to the increasing need for space at the Operations facility, Public Works Operations is in need of placing a modular building that will add 1440 square feet of office space to house the Sewer and Storm division work crews. The placement of this building will also allow for the reorganization of the existing building to better use the space for other divisions. BUDGET IMPACT: Public Works Operations, Storm division budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City ATTACHMENTS: 1. Modern Building Systems, Inc._PW Agreement (PDF) 5 Packet Pg. 4 KENT wagHtño1oñ PUBLIC WORKS AGREEMENT between City of Kent and Modern Building Systeffisr Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Modern Building Systems, Inc,, organized under the laws of the State of Oregon, located and doing business at 1550 Thornton Ave SW, Pacific, WA 98047, Rick Neil, 800-682- 7922, rnei l @ modern bu i ld i ngsystems. com, ( herei nafter 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: Contractor shall prepare the site and install a manufactured modular building in accordance with the configuration shown on the drawings and described in the attached specifications. The contractor must supply a stamped engineered set of modular building drawings to the Kent Building Department for permit prior to placement of modular building. Contractor to coordinate with PSE and provide trenching, conduit, and piping for power and gas connections. Contractor to supply and install fencing around building as shown on page 2 of the site plan. Contractor's Bid Proposal; project specifications, provisions, and plans; the City's bid documents; and the Contractor's response to the City's bid, are 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 within 90 days. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed g3OO,328,6O, including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement, The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project, A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. B, Retainage. The City shall hold back a retainage in the amount of five percent (5olo) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State PUBLIC WORKS AGREEMENT - 1 5.a Packet Pg. 5 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60,28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. c.Defective or Unauthorij:ed 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. 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. 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. 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. 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 ldentifier (UBI) number from the State of Washington. 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: D c D E F PUBLIC WORKS AGREEMENT - 2 5.a Packet Pg. 6 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. The Contractor's failure to complete the work within the time specified in this Agreement, c D The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. The Contractor's persistent disregard of federal, state or local laws, rules or reg u lations. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. 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. 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 woik upon receiving either a written change order from the City or an oral order from the Cig 6efore actually receiving the written change order. If the Contractor fails to require a change order w¡t'h¡n the time specified ln tn¡s 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 acäepted 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 ıvents giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should ñave 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 A. B. E F PUBLIC WORKS AGREEMENT - 3 5.a Packet Pg. 7 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, itemslthrough5below. 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: The date of the Contractor's claim; The nature and circumstances that caused the claim; The provisions in this Agreement that support the claim; The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption, 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. 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. 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). 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 1 2 3 4 5 B c D E PUBLIC WORKS AGREEMENT - 4 5.a Packet Pg. 8 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 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. 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, 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,ILs, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's neg ligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNIW 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. PUBLIC WORKS AGREEMENT - 5 5.a Packet Pg. 9 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) A. Recyclable Materials, Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disoutes 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. 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. PUBLIC WORKS AGREEMENT - 6 5.a Packet Pg. 10 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) K, Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement, Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By (signature) Print Name I fc (t¡tte) DATE: CITY OF KENT: By (signature) Dana RalohPrint Name I fc Marrnr DATE: NOTICES TO BE SENT TO: CONTRACTOR: Rick Neil Modern Building Systems, Inc. 1550 Thornton Ave SW Pacific, WA 98047 800 682- 1 422 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Nancy Clary City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856- 5084(telephone) (253) 856-6080(facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk PUBLIC WORKS AGREEMENT . 7 5.a Packet Pg. 11 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 1 2 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: I have read the attached City of Kent administrative policy number 1,2. 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. 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, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above, By signing below, I agree to fulfill the five requirements referenced above By: For: Title: Date: 3 4 5 EEO COMPLiANCE DOCUMENTS - 1 5.a Packet Pg. 12 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: L,2 EFFECTIVE DATE: January 1, 1998 SUBJECT: POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws, All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1, Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity PolicY, 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor EEO COMPLIANCE DOCUMENTS - 2 5.a Packet Pg. 13 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I,theundersigned,adulyrepresentedagentof Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - 3 5.a Packet Pg. 14 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) BI D DER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (t0/02/20t8), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46,49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Modern Building Systems, Inc. By: Signature of Authorized Officialx Printed Name: Title: Date: City and State: *If a corporation, proposal must be executed in the corporate name by the president or vice' president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. BIDDER RESPONSIBILITY CRITERIA - 1 5.a Packet Pg. 15 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5.a Packet Pg. 16 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) KENT PAYMENT AND PERFORMANCE BOND TO CITY OF KENTw À ¿ '¡ ¡ | o v (t I That we, the undersigned, as Principal, and a Corporation organized arrd èxisting under the laws of the State of WashingLon, as a Surety Corporati'on, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are loiñify and severåliy held and firmly bound to the CITY OF KENT in the penal sum of $ together with any adjustments, up or down, in the total contract @i'uné.'lnthecoritraclwork,forthepaymentofwhichsumon demand we b,ind our.ätua. and our successors, heirs, administrators or personal representatîves, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, anã the Codes and Ordinances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS,under and pursuant to a motion, dulY made, seconded and Passed by the City Coun cil of the CitY of Kent, King County, W ashington, the MaYor of the City of Kent has let or is about to let to the above b ounden PrinciPal, a certain contract, the said contract Providing for construction of (which con tract is referred to herein and is made a part hereof as though attach ed hereto), and KNOW ALL MEN BY THESE PRESENTS: iN WITNESS WHEREOF, thc instrument under their separate seals. PAYMENT AND PERFORMANCE BOND Page 1 of 2 WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to peiform the work therein provided for in the manner and within the time set forth: NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisioni of said contract in ttre manner and withln the time hereln !.i iäril..,, oi *i*lin such extensions of time as may be granted under the said contract, and shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply the Prìncipal or subcontractors with provisions and irppfiur for the.ãirying ón åf said work and shall indemnify and hold the CITY OF f<ffrlf harmless from'an-y damage or eXpense by reason of failure of pe¡formance as specified in said contrait or from defects appearing or developing in the malerial or workmanshlp providul or performed under 'said coñtract, then -and in that event this o¡ligation shal'l be void; Uut otherwise it shall be and remain in full force and effect' above bounden parties have executed this The name and corporate seal (if required by 5.a Packet Pg. 17 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of lts governing body. TWO WITNESSES: PRINCIPAL (enter prlncipal's name above) BY TITLE DATEI DATE: CORPORATE SEAL: PRINT NAME DATE: SURETY CORPORATE SEAL:BY DATE: TITLE: ADDRESSI CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the withln Bond; that Who signed the said bond on beh Of the said Corporation; that I kn Bond was duly signed, sealed, an authority of lts governing bodY, alf of the Principal ow his signature th ereto is genuine, and that said d attested for and in behalf of sald Corporation by SECRETARY OR ASS1STANT SECRETARY lr\civl¡Vô,ÍndCoôv¡(8, lt¡.¡¡i¡\9.dôtnrn(rðôil.dô. PAYMENT AND PERFORMANCE BOND Page 2 of 2 5.a Packet Pg. 18 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Page 1 of 18 State of Washington Department of Labor & lndustries Prevaiting Wage Section - Tetephone 360-902'5335 PO Box 44540, Otympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here inctude both the hourty wage rate and the hourly rate of fringe benefits. 0n pubtic works projects, worker's wage and benefit rates must add to not less than this totat. A brief description of overtime catcutation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1010212018 Cou Tr ification Holi Kin Kin King Kin King King Ki King Ki King 8V King King Ki Ki King King Divers & Tenders m King King oþ aþ n n n n Ki Ki Ki K Kin King K King s46.57 5D 1HAsbestos Abatement Workers Journey Levet 1CJourney Level s66. s4 5NBoitermakers 5A 1MJourney Level 5s7.32Brick Mason 557.32 5A 1MBrick Mason Poi nter-Cautker- Cteaner 2Fs24.63 5SBuildins Service Emplovees Janitor 5S ZFTraveti ng Waxer/ Shampooer s2s,08Buitdinq Service Emptovees 2Fs28.1 3 5SBuitdinq Service Emolovees Window Cteaner (Non- Scaffotd) 5S 2FBuitdine Service Emplovees Window Cteaner (Scaffotd)s29.03 522.74 1Cabinet Makers (ln Shop)Journey Level 4Csó0.04 5DCarÞentersAcoustical Worker 560.04 5D 4CCarpentersBridge, Dock And Wharf Carpenters 4Cs60.04 5DCarpentersCarpenter 5D 4CCarpenters on Stationary Tools 560.17CarDenters s60.1 4 5D 4CCreosoted MaterialCarDenters 4Cs60.04 5DCarÞentersFloor Finisher 5D 4CFloor Layer s60.04CarÞenters 560.04 5D 4CScaffold ErectorCarpenters 4U560.07 7ACement Masons Journey Level 51 13.60 5D 4CBett/Vehicte or Submersibte Operator (Not Under Pressure) Divers & Tenders 4Cs76.33 5DDivers & Tenders Dive Supervisor/Master 5D 4CDivers1 13.ó0Divers & Tenders 571.33 5D 4CDiver On StandbyDivers & Tenders 4C564.71 5DDiver Tender 4C564.71 5DDivers & Tenders Manifotd Operator 56e.71 5D 4CManifotd Operator Mixed GasDivers & Tenders 4C564.71 5DDivers & Tenders Remote 0perated Vehicte Operator/Technician https : //fortress.wa. gov/lni/wagelookup/prvV/agelookup. aspx s60.29 5A 4C t0lrU2018 5.a Packet Pg. 19 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Operated Vehicle ender King King King Ki King King King Ki Ki King King Ki Ki King King King King King King King King King King King Kin Kin King King Kin King King Page 2 of 18 BW s56.44 5D 3FDredee Workers Assistant Engineer Dredqe Workers Assistant Mate (Deckhand)ss6.00 5D 3F Dredqe Workers Boatmen s56.44 5D 3F 5D 3FDredqe Workers Engineer Wetder s57.51 s58.67 5D 3FDredqe Workers Leverman, Hydrautic Dredee Workers Mates 5s6.44 5D 3F Dredee Workers Oiter s56.00 5D 3F 5D 1HDrvwatI Applicator Journey Level s58.48 sse.32 5P 1EDrvwaItTapersJourney Level 1EElectricaI Fixture Maintenance Workers Journey Level s28.ee 5L 577.51 7C 4EElectricians - lnside Cable Spticer Electricians - lnside Cable Spticer (tunnet)s82.84 7C 4E Electricians - lnside Certified Welder 574.e0 7C 4E 7C 4EEtectricians - lnside Certified Welder (tunnet)s80.37 Etectricians - lnside Construction Stock Person s39.óe 7C 4E Etectricians - lnside Journey Level 572.30 7C 4E 4EEtectricians - lnside Journey Level (tunnet)577.s1 7C Electricians - Motor Shop Journey Level s45.08 5A 1B 57e.43 5A 4DEtectricians - Powerline Construction Cabte Spticer Etectricians - Powertine Construction Certified Line Welder 56e.75 5A 4D Electricians - Powertine Construction Groundperson s46.28 5A 4D Electricians - Powerline Construction Heavy Line Equipment Operator 56e.75 5A 4D 4DEtectricians - Powerline Construction Journey Level Lineperson 56e.75 5A Electricians - Powertìne Construction Line Equipment Operator 5s9.01 5A 4D Electricians - Powertine Construction Meter lnstatler 546.28 5A 4D Etectricians - Powerline Construction Pote Sprayer 569,75 5A 4D Electricians - Powertine Construction Powderperson ss2.20 5A 4D Etectronic Technicians Journey Level 548.06 7E 1E Etevator. Constructors 5e1.24 7D 4AMechanic Etevator Constructors Mechanic ln Charge s98.51 7D 4^ Fabricated Precast Concrete Products Atl Ctassifications - ln-Factory Work Only s17.72 5B 1R Fence Erectors Fence Erector 541.45 7A 3t Fence Erectors Fence Laborer 541.4s 7A 3t Ftaqqers Journey Level 541.45 7A 3t Gtaziers Journey Level 563.06 7L 1Y https : //fortress. wa. gov/lni/wagelookup/prvWagelookup. aspx t0lrU20r8 5.a Packet Pg. 20 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Page 3 of 18 rneyman Ki King King King Kin Kin Kin King Kin King King King King King Kin King Ki s73.58 5J 4H King ng ng ng Kin Kin King King King Ki Ki Ki Ki Ki Ki ng Ki Ki Ki 1EHeatinq Equipment Mechanics Journey Level s82.51 7F 7^3tHod Carriers &. Mason Tenders Journey Level s50.42 s1 1 .50 1lndustriat Power Vacuum Cleaner Journey Level Boat Operator 561.41 5B 1Klntand Boatmen 1Klntand Boatmen Cook 55ó.48 5B 5B 1Klntand Boatmen Deckhand ss7.48 s58. B1 5B 1Klnland Boatmen Deckhand Engineer 1KLaunch Operator s58.Be 5Blntand Boatmen s57.31 5B 1Klntand Boatmen Mate 1Cteaner Operator, Foamer Operator s31.49lnspection /Cteanìne/Seatinq Of Sewer & Water Systems By Remote ControI 1lnspection / Cteanìne /Seatinq Of Sewer &. Water Svstems Bv Remote ControI Grout Truck Operator 511.s0 524.e1 1lnspection /Cleanine/Seatine Of Sewer & Water Svstems Bv Remote Control Head Operator 1lnspection /Cteaninq/Seatinq Of Sewer & Water Svstems Bv Remote Control Technician $1 e.33 1Tv Truck Operator 520.45I nspection /Cteanine/ Seatine Of Sewer & Water Svstems Bv Remote Control 560.04 5D 4CJourney Levellnsutation Applicators 56e.28 7N 10lronworkersJourneyman s48.90 7A 3tAir, Gas Or Electric Vibrating Screed Laborers 550.42 7A 3tLaborersAirtrac Drilt Operator 7A 3lBattast Requtar Machine s4B.e0Laborers 541.45 7A 3tBatch WeighmanLaborers 3rs48.90 7ALaborersBrick Pavers 7A 3tBrush Cutter s48.90Laborers s48.90 7A 3tBrush Hog FeederLaborers 3ts4B.e0 7ALaborersBurner 7A 3lCaisson Worker s50.42Laborers s4B.e0 7A 3tCarpenter TenderLaborers s4B. e0 7A 3tLaborersCautker 3ts49.81 7ALaborersCement Dumper-paving 7A 3tCement Finisher Tender s48.90Laborers 548.e0 7A 3tChange House Or Dry ShackLaborers 3ts48.90 7ALaborersChipping Gun (under 30 Lbs.) s49.81 7A 3tChipping Gun(30 Lbs. And Over) Laborers 7A 3ts48.90LaborersChoker Setter https ://fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx 10ltU20l8 5.a Packet Pg. 21 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) huck Tender King King King King King King King King ng ng ng n ng Kin King Kin King King King Ki King Ki 5¿s Page 4 of 18 King Ki Ki Ki Ki Ki Ki n Ki Ki Ki Kin King King King s4e.81 7A 3lLaborersCtary Power Spreader Laborers Ctean-up Laborer s4B.e0 7A 3t Concrete Dumper/chute Operator s4e. B1 7A 3lLaborers Laborers Concrete Form Stripper s4B.e0 7A 3l 3lLaborersConcrete Ptacement Crew s49. 81 7A s4e.81 7A 3tLaborersConcrete Saw Operator / core Driller Crusher Feeder 541.45 7A 3tLaborers 3tLaborersCuring Laborer 548.e0 7A Laborers Demotition: Wrecking & Moving (inct. Charred Materiat) s48.90 7^3l 3lLaborersDitch Digger s4B.e0 7A 550.42 7A 3lLaborersDiver 3lLaborersDrittOperator (hydrautic,diamond ) 54e.81 7A s48.e0 7A 3tLaborersDry Stack Watls Laborers Dump Person s48. e0 7A 3t Laborers Epoxy Technician s4B.e0 7A 3l Erosion Control Worker s48.90 7A 3lLaborers Laborers Fatter & Bucker Chain Saw s49. B1 7A 3r 3lLaborersFine Graders 548.e0 7A Firewatch 541,45 7A 3tLaborers Laborers Form Setter s48.e0 7A 3t 3tLaborersGabian Basket Buitders s4B. e0 7A Laborers GeneraI Laborer 548.e0 7A 3t 3lLaborersGrade Checker & Transit Person s50.42 7A Laborers Grinders s4B.e0 7A 3l Laborers Grout Machine Tender s48.e0 7A 3t Laborers Groutmen (pressure)inctuding Post Tension Beams 54e.81 7A 3t Laborers GuardraiI Erector 548.e0 7A 3t Laborers Hazardous Waste Worker (levet A) s50.42 7A 3t Laborers Hazardous Waste Worker (tevet B) s4e. B1 7A 3t Laborers Hazardous Waste Worker (levet C) s48.90 7A 3t Laborers High Scater 550.42 7A 3t Laborers Jackhammer 549. B1 7A 3t Laborers Laserbeam Operator s4e.B1 7A 3t Laborers Maintenance Person s48.e0 7A 3t Laborers Manhote Builder-mudman s49. B1 7A 3l Laborers Material Yard Person s4B.e0 7A 3t https ://fortress. wa. gov/lni/wagelookup/prvWagelookup. aspx 1011U20r8 5.a Packet Pg. 22 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Page 5 of 18 King Laborers King King rman-dinky Locomotive 54e.81 ng ng Ki Ki Ki Ki Ki King Kin Kin King King King King King Ki Kin King Kin Kin Kin Kin o5 Ki Ki Ki n Ki n Kin Kin King King Ki Ki ng Ki Ki Ki ngKi 7A 3tLaborersNozzteman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bta 54e.81 54e.81 7A 3tLaborersPavement Breaker Laborers Pitot Car s41.45 7A 3t Laborers Pipe Layer Lead s50.42 7A 3t 3tLaborersPipe Layer/taitor 54e.81 7A s49.81 7A 3tLaborersPipe Pot Tender s4e.81 7A 3tLaborersPipe Retiner Laborers Pipe Wrapper $49. B1 7A 3t 3tLaborersPot Tender s4B.e0 7A 5s0.42 7A 3tLaborersPowderman Powderman's Hetper s48.90 7A 3tLaborers 3rLaborersPower Jacks 54e.81 7A 54e.81 7A 3rLaborersRailroad Spike Putter - Power Raker - Asphatt S5o,4z 7A 3tLaborers 7A 3tLaborersRe-timberman s50.42 s49.81 7A 3tLaborersRemote Equipment Operator Rigger/signaI Person 549. B1 7A 3tLaborers 3tRip Rap Person s48.90 7ALaborers 7A 3tLaborersRivet Buster 54e.81 s49.81 7A 3tLaborersRodder 3tScaffotd Erector s48.90 7ALaborers s4B.e0 7^3lLaborersScate Person 549.81 7^3lLaborersStoper (over 20") 7A 3tStoper Sprayer s48.e0Laborers s49. B1 7A 3tLaborersSpreader (concrete) s48.90 7A 3tLaborersStake Hopper 3lStock Piter s48.90 7ALaborers s49. B1 7A 3lLaborersTamper & Similar Etectric, Air & Gas Operated Toots s49. B1 7A 3tTamper (muttipte & Setf- propetled) Laborers 7A 3tTimber Person - Sewer (lagger, Shorer & Cribber) s49.81Laborers s48.90 7^3tTootroom Person (at Jobsite)Laborers 3ts4B. e0 7^Laborers Topper 7A 3tTrack Laborer s4B.e0Laborers s49.81 7A 3tTrack Liner (power)Laborers 544.33 7A 3tLaborersTraffic Control Laborer 3tTraffic Control Supervisor 544.33 7ALaborers s48.e0 7A 3tTruck SpotterLaborers s4e.81 7A 3tLaborersTugger Operator https ://fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx t0try20t8 5.a Packet Pg. 23 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) s1 12.ó3 7A 3tLaborersTunnel Work-Compressed Air Worker 30.01-44.00 psi Laborers Tunne[ Work-Compressed Air Worker 44.01-54.00 psi s1 1ó.31 7A 3t 5122,01 7^3tLaborersTunne[ Work-Compressed Air Worker 54.01-60.00 psi 3lLaborersTunnel Work-Compressed Air Worker ó0.01-ó4.00 psi 5124.13 7A Tunnel Work-Compressed Air Worker 64.01-68.00 psi s129.23 7A 3rLaborers 3tLaborersTunnel Work-Compressed Ai r Worker ó8.01-70.00 psi s131.13 7A Laborers Tunnel Work-Compressed Air Worker 70.01-72.00 psi s133.13 7A 3t 7A 3tLaborersTunnel Work-Compressed Air Worker 72.01-74.00 psi s1 3s.1 3 Laborers Tunnel Work-Guage and Lock Tender s50.52 7A 3l Laborers TunneI Work-Miner s50.52 7A 3t Laborers Vibrator s49.81 7^3t Laborers Vinyl Seamer 548.e0 7A 3t Laborers Watchman s37.67 7A 3t Laborers Welder s4e.81 7A 3t Laborers Wetl Point Laborer s49. B1 7A 3t Laborers Window Washer/cleaner 537.67 7A 3t Laborers - Underqround Sewer & Water General Laborer & Topman 548. e0 7A 3t Laborers - Underqround Sewer & Water Pipe Layer s4e.81 7A 3l Landscape Construction Landscape Laborer 537.67 7A 3t Land¡qape çon$ructþt Landscape Operator Sse.4e 7A 3C Lathers Journey Level s58.48 5D 1H Marbte Setters Journey Level 557.32 5A 1M MetaI Fabrication (ln Shop)Fitter s15.86 1 Metal Fabrication (ln Shop]Laborer s11.s0 1 Metal Fabrication (ln Shop)Machine Operator s13.04 1 Metal Fabrication (ln Shop)Painter s1 1 .50 1 Metal Fabrication (ln Shop)Wetder s1s.4B 1 Mittwrieht Journey Level só1 . s4 5D 4C Modular Buitdinqs Cabinet Assembty s1 I .56 1 Modutar Buitdines Electrician s1 1 .56 1 Modutar Buìtdines Equipment Maintenance 51 1 .56 1 Modular Buildines Plumber s1 1 .56 1 Modutar Buitdines Production Worker s1 1 .50 1 Modular Buildinqs TooI Maintenance s1 1 .56 1 Modutar Buildines Utitity Person 51 1 .5ó 1 King Laborers 0-30 King King King King King King King King King Kin King King Kin Kin King Kin King King King Kin Kin King Kin Kin Kin Kin King Kin King Kin Kin King Kin King unnel Work-Compressed Air s1 07.60 7A 3t Page6of18 gg gq !g @ gq gq gg gg ga sa https ://fortress. wa. gov/lni/wagelookup/prvV/agelookup. aspx t0lr1l20r8 5.a Packet Pg. 24 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) King Ki Ki King King King King King King King King Ki King King Kin King King K Ki King King King King Ki King Kìng Power Equipment Operators I s11.s6 Page 7 of 18 8P King 8P BP 8P BP BP 8P BP King 6Z 2BPaintersJourney Level s42.50 5s4.e9 5D 4CPite Driver Crew Tender 574.87 5D 4CPile Driver Hyperbaric Worker - Compressed Air Worker 0-30.00 Psr 5D 4CHyperbaric Worker - Compressed Air Worker 30.01 - 44.00 PSt 579.87Pile Driver 5D 4CHyperbaric Worker - Compressed Air Worker 44.01 - 54.00 PSt $83.87Pile Driver 4CsBB.87 5DPile Driver Hyperbaric Worker - Compressed Air Worker 54.01 - 60.00 Psl 4C591.37 5DPile Driver Hyperbaric Worker - Compressed Air Worker 60.01 - 64.00 PSI 4C5e6.37 5DPite Driver Hyperbaric Worker - Compressed Air Worker 64.01 - 68.00 PSt 4Cse8.37 5DPite Driver Hyperbaric Worker - Compressed Air Worker 68.01 - 70.00 Pst 4Cs1 00.37 5DHyperbaric Worker - Compressed Air Worker 70.01 - 72.00 PSI Pite Driver 4C5102.37 5DHyperbaric Worker ' Compressed Air Worker 72.01 - 74.00 PSI Pite Driver 5D 4Cs60.29Pite Driver Journey Level 1RS56. s4 79Journey Level 1Journey Level s1 1 .50Plavsround & Park Equipment lnstatters 1Gs83.ó9 6ZJourney Levelbers & 3C560.49 7AAsphatt Ptant OperatorsPower Equipment 0perators 7A 3Cs56.e0P ower LsulBfl e$_qpetatqtg Assistant Engineer 5se.e6 7A 3CBarrier Machine (zipper) s59.e6 7A 3CBatch Plant Operator, Concrete Power Equipment Opqfalqs 3Cs56.e0 7ABobcatPower Equipment Operators 7A 3C5s6.e0Power Equipment Operators Brokk - Remote Demotition Equipment 3Cs56.e0 7AP owe r EsqBne$_ApeIa!9[5 Brooms 7A 3C5se.96Power Equipment Operators Bump Cutter 7A 3Cs60.49Power Equipment Operators Cabteways 3Cs5e.96 7AChipperPower Equipment OÞerators 3C5s6. e0 7ACompressorPower Eouipm ent Ooerators htçs ://fortress.wa. gov/lni/wagelookup/prvWagelookup, aspx s60.4e 7A 3C t0lrU20t8 5.a Packet Pg. 25 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Power Equipment OÞerators Concrete Finish Machine -laser Screed ss6.90 7A 3C Power EquiÞment Operators Concrete Pump - Mounted Or Traiter High Pressure Line Pump, Pump High Pressure. s5e.4e 7A 3C s5e.e6 7^3CPowerramentConcrete Pump: Truck Mount With Boom Attachment Up To 42m Power Equipment Operators Conveyors s5e.4e 7A 3C 3CPower Equipmen t Ooerators Cranes Friction: 200 tons and over s62.33 7^ Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments s5e.e6 7A 3C Power Equipmen t Ooerators Cranes: 100 Tons Through 199 Tons, Or 150'Of Boom (lnctuding Jib With Attachments) s61 .1 0 7A 3C Power EquiÞment Operators Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments s61.72 7A 3C Power Equipment Operators Cranes: 300 tons and over or 300' of boom inctuding jib with attachments 562.33 7A 3C Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150'Of Boom (inctuding Jib With Attachments) 560.49 7A 3C Power Equipment Operators Cranes: A-frame - 10 Tons And Under $56.e0 7A 3C Power EquiÞment OÞerators Cranes: Friction cranes through 1 99 tons 561.72 7A 3C Power Equipment Operators Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons s5e.4e 7A 3C Power Equipment Operators Crusher ss9.e6 7A 3C Power Equipment Operators Deck Engineer/deck Winches (power) s5e.e6 7A 3C Power Equipment Operators Derricks, On Buitding Work s60.49 7A 3C Power Equipment Operators Dozers D-9 & Under s59.49 7A 3C Power Equipment Operators Dril[ Oiters: Auger Type, Truck Or Crane Mount 559,49 7A 3C Power EqUiB¡çnt Opefators Dritting Machine 561 .1 0 7A 3C Power Equipment Operators Etevator And Man-tift: Permanent And Shaft Type 7As 56. e0 3C Power Equipment Operators Finishing Machine, Bidwett And Gamaco & Simitar Equipment s5e.e6 7A 3C Power Equipment Operators Forktift: 3000 Lbs And Over With Attachments 55e.4e 7A 3C crete Pump: Truck Mount Boom Attachment Over Page 8 of i8 M BP 8P BP 8P 8P King King 8P 8P 8P 8P 8P BP BP BP 8P 8P K King King Ki King King King King King King King King King King King King BP BP BP King King r0l1Il20r8 5.a Packet Pg. 26 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) sse. e6 7A 3CPower Equip ment Ooerators Grade Engineer: Using Btue Prints, Cut Sheets, Etc 5s6.90 7A 3CPower Equiprnent Operators G radechecker/ stakeman ss9.e6 7A 3CPower Equipment Operators GuardraiI Punch $60.4e 7A 3CPower Eauiom ent Oneratorç Hard Tail End Dump Articutating Off- Road Equipment 45 Yards. & Over $se.e6 7A 3CHard Tai[ End Dump Articulating 0ff-road Equipment Under 45 Yards Power Equipment Operators 7A 3CHorizontat/directionaI Drit[ Locator s5e.49Power Equipment Operators s5e.96 7A 3CPower Equipment Operators Horizontat/directionaI Drit[ Operator 7A 3CHydratifts/boom Trucks Over 1 0 Tons 559.4ePower EquiÞment Operators 3C5s6.90 7APower Equipm ent Ooerators Hydratifts/boom Trucks, 10 Tons And Under 561 .1 0 7A 3CLoader, Overhead B Yards. & Over Power Equipment Ooerators 560.4e 7A 3CLoader, Overhead, 6 Yards. But Not lncluding B Yards Power Equipment Operators 3Cs5e.e6 7APower Equipment Operators Loaders, Overhead Under 6 Yards 7A 3CPower Equipment Operators Loaders, Ptant Feed 5se.e6 55e.4e 7A 3CLoaders: Etevating Type BettPower Equipment Operatoö 3Cs5e.96 7APower Equrpflen! lpetalols Locomotives, AtI 7A 3CMateriaI Transfer Device 55e.96Power Esuipment OÞerators 7^3CMechanics, Att (teadmen - S0.50 Per Hour Over Mechanic) $ó1 .1 0Power Equipment Operators s60.4e 7A 3CMotor Patrol GradersPower Equipment Operators 560.49 7A 3CMucking Machine, Mote, Tunnel Drilt, Boring, Road Header And/or Shietd Power Equipment Operater! 556.e0 7A 3COiI Distributors, Blower Distribution & Mutch Seeding Operator Power Equipment Operators 7A 3Cs59.4ePower EouiÞment OÞerators Outside Hoists (etevators And Mantifts), Air Tuggers,strato 3Cs5e.e6 7AOverhead, Bridge Type Crane: 20 Tons Through 44 Tons Power Eouiom ent Onerators só1 .1 0 7A 3COverhead, Bridge Type: 100 Tons And Over Power Equipment Operalors 560.4e 7A 3COverhead, Bridge Type: 45 Tons Through 99 Tons Power Equipment Operators 3Cs56.90 7APavement BreakerPower EouiÞment Ooerators 7A 3CPite Driver (other Than Crane Mount) s5e. e6Power Equip t Ooerators King ators Forktifts: Under 3000 Lbs. Attachments King Ki Kin King King King King King King King King Kin King King King King King King King King Page 9 of 18 Sso.7^3C 8P 8P BP ng n aÞn King Ki Ki Ki Ki Ki 8P BP BP 8P 8P BP 8P 8P BP 8P 8P BP BP 8P 8P 8P BP https ://fortress.wa. gov/lni/wagelookup/prvV/agelookup. aspx r0lrU2018 5.a Packet Pg. 27 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 8P BP 8P King King King Ki King King King King nt Oiter -hatt, Crusher Page 10 of 18 55e.49 7A 3C BP BP Ki King King King Ki King King King King King King Ki King King Power Equipment Operators P 8P 8P 8P BP 8P BP BP 8P BP BP BP BP 8P 8P 8Png Ki Ki Ki 3CPower Equipment Operators Posthote Digger, Mechanical 556.90 7A Power Equipment Operators Power Ptant 556.e0 7A 3C PoWeI Sulpm€!! lpeIalA{s Pumps - Water 5s6.90 7A 3C Power Equipment Operators Quad 9, Hd 41, D1 0 And Over 560.4e 7A 3C Power Equipment Operators Quick Tower - No Cab, Under 100 Feet ln Height Based To Boom s5ó.e0 7A 3C Power EquÍpment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment 560.49 7A 3C Power Equipment Operators Rigger And Betlman s56.90 7A 3C Power Equipment Operators Rigger/SignaI Person, Betlman (Certified) 559.49 7A 3C Power Equipment OÞerators Rottagon s60.49 7A 3C Power Equipment Operators Rotler, Other Than Ptant Mix s56.90 7A 3C Power Equipment OÞerators Rotter, Plant Mix Or Mutti-tift Materiats s5e.4e 7A 3C Power Equipment OÞerators Roto-milt, Roto-grinder $se.96 7A 3C Power Equipment Operators Saws - Concrete s5e.4e 7A 3C Power Equipment Operators Scraper, Setf Propetted Under 45 Yards s5e.e6 7^3C Power Equipment Operators Scrapers - Concrete &' Carry Att 55e.4e 7A 3C Power Equjpment Operators Scrapers, Setf-propetted: 45 Yards And Over 560.49 7A 3C Power Equipment Operators Service Engineers - Equipment s5e.4e 7A 3C Power Equipment Operators Shotcrete/gunite Equipment s5ó.e0 7A 3C Power Equipment Operators s5e.4e 7A 3CShovel, Excavator, Backhoe, Tractors Under 15 Metric Tons. Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons s60.4e 7A 3C Power Equipment OÞerators Shovet, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons 55e.96 7A 3C Power Equipment Operators Shovet, Excavator, Backhoes Over 50 Metric Tons To 90 Metric Tons s61 .1 0 7A 3C Power Equipment OÞerators Shovet, Excavator, Backhoes Over 90 Metric Tons 561.72 7A 3C Power Equipment Operators Stipform Pavers 560.4e 7^3C Power Equipment Operators Spreader, Topsider & Screedman s60.4e 7A 3C Power Equipment Operators Subgrader Trimmer s5e.e6 7^3C Power Equipment Operatqrs Tower Bucket Elevators sse.4e 7A 3C Power Equipment Operators Tower Crane Up To 175' ln Height Base To Boom 561 .1 0 7A 3C https : //fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx 561.72 7A 3C t0lI1l20I8 5.a Packet Pg. 28 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) s62.33 7A 3CPower Equipment Operators Tower Cranes: over 250'in height from base to boom 3CPower Equipment Operators Transporters, At[ Track Or Truck Type s60.4e 7A 7A 3CPower Equipment Operators Trenching Machines s59.4e Power Equipment Operators Truck Crane Oiter/driver - 100 Tons And Over ss9.eó 7A 3C 7A 3CPower Equip ment Ooerators Truck Crane Oiter/driver Under 100 Tons $se.4e 3CPower Equipment OÞerators Truck Mount Portable Conveyor S5e.e6 7A 7A 3CPower Equipment OÞerators Wetder s60.4e $s6.e0 7A 3CPower Equipment Operators Wheel Tractors, Farmat[ Type Power Equipment Operators Yo Yo Pay Dozer s59.eó 7A 3C s60.4e 7A 3CPower EquiÞment Operators- Underqround Sewer & Water Asphatt Ptant Operators 3CPower Equipment Operators- Undergtou¡d Sewer & Water Assistant Engineer s56.90 7^ Barrier Machine (zipper)5s9.e6 7^3CPower Equipment Operators- Undereround Sewer & Water $5e.96 7A 3C Underqround Sewer & Water Power Equipm ent Ooerators- Batch Plant Operator, Concrete 7A 3CPower Equipment Operators- Underqround Sewer & Water Bobcat s56. e0 s56.90 7A 3CPower EquiÞment Operators- Underqround Sewer & Water Brokk - Remote Demolition Equipment s56.e0 7A 3CPower Equipment Operators- Underqround Sewer & Water Brooms 3CBump Cutter s59.96 7APower Equipment Operators- Underqround Sewer & Water s60.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Cabteways 7A 3CChippers59.96Power Equipment Operators- Underqround Sewer & Water 3CCompressor556.e0 7APower EquiÞment Operators- Underqround Sewer & Water 7A 3CConcrete Pump: Truck Mount With Boom Attachment Over 42M s60.4ePower Equipment Operators- Underqround Sewer & Water ss6.90 7A 3CPower Equipment Operators- Underqround Sewer & Water Concrete Finish Machine -taser Screed 3Cs5e.49 7APower Equipment OÞerators- Undereround Sewer & Water Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. 3C$59.e6 7APower Equipment 0perators- Underqround Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Up To 42m King King ower Crane: over 175' through 250' in height, base to boom Page 11 of18 8P BP BP 8P BP 8P BP 8PKing King King Ki King King King King King King King King King King King King King Conveyors BP BP 8P BP 8P 8P BP 8P BP 8P 8P 8P BP 8P King King King King King https ://fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx s59.4e 7A 3C 10ltu20t8 5.a Packet Pg. 29 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) o ators- Page 12 of 18 BP BP 8P King King King King King King King King King King King King King King King King King King King King King BP BP BP BP BP BP BP 8P BP BP 8P 8P 8P 8P 8P BP BP 8P s62.33 7A 3CPower Equipment Operators- Underqround Sewer &' Water Cranes Friction: 200 tons and over 3CPower Equipment Operators- Underqround Sewer & Water Cranes: 20 Tons Through 44 Tons With Attachments s5e.e6 7A 7A 3CPower Equipment Operators- Underqround Sewer & Water Cranes: 100 Tons Through 199 Tons, Or 1 50' Of Boom (lnctuding Jib With Attachments) s61 .1 0 3CPower Equipment Operators- Underqround Sewer &, Water Cranes: 200 tons- 299 tons, or 250' of boom inctuding jib with attachments 561.72 7A Cranes: 300 tons and over or 300' of boom including jib with attachments s62.33 7A 3CPower Equipment Operators- Underqround Sewer & Water 7A 3CPower EquiÞment Operators- Underqround Sewer & Water Cranes: 45 Tons Through 99 Tons, Under 150'Of Boom (inctuding Jib With Attachments) s60.4e Power Equipment Operators- Underqround Sewer & Water Cranes: A-frame - 10 Tons And Under s5ó.e0 7A 3C Cranes: Friction cranes through 199 tons 561.72 7A 3CPower Ëquipment Operators- Underqround Sewer & Water Power Equipm Undereround 5 ent ODerators- ewer & Water Cranes: Through 19 Tons With Attachments A-frame Over 10 Tons s59.49 7A 3C 7A 3C Underqround Sewer & Water Power Equipment Ooerators- Crusher 55e. eó Power Equipment Operators- Underqround Sewer & Water Deck Engineer/deck Winches (power) s59.96 7A 3C Power Equipment Operators- Underqround Sewer &' Water Derricks, On Building Work s60.4e 7A 3C sse.49 7A 3CPower EquiÞment Operators- Undereround Sewer & Water Dozers D-9 & Under 3CPower Equipment Operators- Underqround Sewer & Water Drit[ Oilers: Auger Type, Truck Or Crane Mount s5e.4e 7A Power Equipment Operators- Underqround Sewer & Watef Dritting Machine s61 .1 0 7A 3C Power Equipment Operators- Underqround Sewer & Water Etevator And Man-lift: Permanent And Shaft Type s56.e0 7A 3C Power Equipment Operators- Underground Sewer &' Water Finishing Machine, Bidwett And Gamaco & Similar Equipment s59.96 7A 3C Power Equipment Operators- Underqround Sewer & Water Forktift: 3000 Lbs And Over With Attachments s5e.4e 7A 3C Power Equipment Operators- Underground Sewer & Water Forktifts: Under 3000 Lbs With Attachments s56.90 7A 3C Power Equipment Operators- Underqround Sewer & Water Grade Engineer: Using Blue Prints, Cut Sheets, Etc s59.9ó 7A 3C Power Equipment Operators Underqround Sewer & Water G radechecker/ stakeman s5ó. e0 7A 3C https : //fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx r0lrv20t8 5.a Packet Pg. 30 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) s60.4e 7^3C U$ereround Sewer e W Power Equipment Operators- Underqround Sewer &, Water Hard Tail End Dump Articutating Off- Road Equipment 45 Yards. & Over s5e.e6 7^3CPower Equipment Operators- Underqround Sewer &, Water Hard Tai[ End Dump Articutating Off-road Equipment Under 45 Yards Power Equipment Operators- Underqround Sewer & Water Horizontat/directionat Drill Locator 55e.4e 7A 3C ss9.e6 7A 3CPower Equipment Operators- Underqround Sewer &. Water Horizontat/di rectionaI DritI Operator Power Equipment OÞerators- Underqround Sewer & Water Hydratifts/boom Trucks Over 1 0 Tons sse.4e 7A 3C s56.e0 7A 3CPower Equipment Operators- Undersround Sewer & Water Hydratifts/boom Trucks, 1 0 Tons And Under Loader, Overhead 8 Yards. & Over 561 .1 0 7A 3CPower Equipment Operators- Underqround Sewer & Water s60.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Loader, Overhead, 6 Yards. But Not lnctuding B Yards 55e.e6 7A 3CPower Equipment Operators- Underground SeWer L WaTLCI Loaders, Overhead Under 6 Yards 7A 3CPower Equipment Operators-under@ Loaders, Ptant Feed ss9.e6 s59.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Loaders: Elevating Type Bett 55e.e6 7^3C Underqround Sewer & Water Power Equipm ent Ooerators Locomotives, Atl 7A 3C Underground Sewer & Water Power Equipm ent Ooerators-MateriaI Transfer Device s59.96 7A 3CMechanics, Att (teadmen - S0.50 Per Hour Over Mechanic) 561 .1 0Power Equipment Operators- Underqround Sewer &' Water 560.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Motor Patrot Graders 560.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Mucking Machine, Mote, Tunnel Dritt, Boring, Road Header And/or Shield 3C5s6.90 7APower Equipment Operators- Underqround Sewer &' Water Oit Distributors, Btower Distribution & Mutch Seeding Operator 55e.49 7A 3CPower Equipment Operators- Underqround Sewer &, Water Outside Hoists (elevators And Manlifts), Air Tuggers,strato 7A 3COverhead, Bridge Type Crane 20 Tons Through 44 Tons 5se.e6Power Equipment Operators- Underqround Sewer & Water 3C561 .1 0 7APower Equipment Opetatqtl Underqround Sewer & Water Overhead, Bridge Type: 100 Tons And Over só0.4e 7A 3COverhead, Bridge Type: 45 Tons Through 99 Tons Power Equipment OÞerators- Underqround Sewer & Water 7A 3CPavement Breaker ss6.e0Power EquiÞment Operators- Underqround Sewer & Water 8P BP 8P 8P 8P BP 8P BP BP BP 8P 8P BP BP BP 8P BP 8P King King King King o ators-GuardraiI Punch King King King King King King King King King King King King King King King King King King King King Page 13 of 18 sse.e6 7A 3C 8P 8P 8P BP BP 8P https ://fortress.wa. gov/lni/wagelookup/prvWagelookup.aspx 5se.e6 7A 3C r}trU20t8 5.a Packet Pg. 31 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Power Equipment Operators- U n dergLoLi ndlelyel ! lvaleI Ptant Oiter - Asphatt, Crusher 55e.4e 7A 3C s56.90 7A 3CPower Equipment Operators- Underqround Sewer & Water Posthote Digger, Mechanical Power EquÍpment Operators- UnderqroundScwer LWater Power Ptant s56.90 7A 3C Pumps - Water 556.90 7A 3CPower Equipment OÞerators- Underqround Sewer & Water Urdetercwd Jelvel& rilaler Power Equip ment Ooerators-Quad 9, Hd 41, D10 And Over 560.4e 7A 3C Power Equipment Operators- Underqround Sewer & Water Quick Tower - No Cab, Under 100 Feet ln Height Based To Boom s56.90 7A 3C Power Equipment Operators- Underqround Sewer & Water Remote Control Operator On Rubber Tired Earth Moving Equipment 560.49 7A 3C s56.e0 7A 3CPower Equipment Operators- Underqround Sewer & Water Rigger And Bettman Power Equipment OÞerators- Underqround Sewer &, Water Rigger/Signal Person, Beltman (Certified) s5e.4e 7A 3C Power Equipment Operators- Underqround Sewer & Water Rottagon s60.49 7A 3C Power EquÍpment 0perators- Underqround Sewer & Water Rotler, Other Than Ptant Mix ss6.e0 7A 3C Power Equipment Operators- Underqround Sewer & Water 7A 3CRotter, Plant Mix Or Mutti-tift Materiats sse.4e Power Equipment Operators- Underqround Sewer &, Water Roto-mitt, Roto-grinder s5e. e6 7A 3C Power Equipment Operators- Underqround Sewer & Water Saws - Concrete sse,49 7A 3C Power Equipment OÞerators- Undersround Sewer & Water Scraper, Setf Propetled Under 45 Yards $5e.e6 7^3C Power Equipment Operators Underqround Sewer & Water Scrapers - Concrete & Carry Att s5e.4e 7A 3C Power EquiÞment Operators- Underqround Sewer & Water Scrapers, Setf-propetled: 45 Yards And Over s60.49 7A 3C Power Equipment Operators- Underqround Sewer & Water Service Engineers - Equipment s5e.4e 7A 3C Power Equipment Operators- Underground Sewer & Water Shotcrete/gunite Equipment s56.90 7A 3C Power Eauinment O Undereround Sewer & Water perators-Shovet, Excavator, Backhoe, Tractors Under 15 Metric Tons. 55e.49 7A 3C Power Ecuiome Underqround Sewer & Water nt Operators-Shovet, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons 560.4e 7A 3C Power Equipment Operators Undereround Sewer & Water Shovet, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons sse. e6 7A 3C BP BP BP 8P BP BP King [e Driver (other Than Crane King King King King King King King King King King King King King King King King King King King King Power Equipment Operators- Underqround Sewer & Water Page 14 of 18 BP BP 8P BP BP BP BP BP BP BP 8P BP 8P 8P 8P BP 8P King King https ://fortress. wa. gov/lni/wagelookup/prvWagelookup. aspx s61 .1 0 7A 3C l0lI1l20t8 5.a Packet Pg. 32 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) s61.72 7A 3C Underqround Sewer & Water Power Eouioment Operators-Shovel, Excavator, Backhoes Over 90 Metric Tons Power Equipment OÞerators- Undereround Sewer & Water Stipform Pavers 560.4e 7A 3C Power Equipment Operators- Undereround Sewer & Water Spreader, Topsider & Screedman 560.49 7A 3C Power Equipment Operators- Underqround Sewer & Water Subgrader Trimmer 5se.e6 7A 3C Power Equipment Operators- Underqround Sewer & Water Tower Bucket Etevators 55e.49 7A 3C 3CPower Equipment Operators Underqround Sewer & Water Tower Crane Up To 175' ln Height Base To Boom s61 .1 0 7A Power Equipment Operators- Underqround Sewer &, Water Tower Crane: over 175' through 250' in height, base to boom 561.72 7A 3C 562.33 7A 3CPower Equipment Operators- Underqround Sewer & Water Tower Cranes: over 250' in height from base to boom 7A 3CPower Equipment Operators- Undergrsu! d Sewer&l{aler Transporters, Atl Track Or Truck Type 560.4e 3CPower EquiÞment Operators- Undereround Sewer & Water Trenching Machines s5e.49 7A s5e.e6 7A 3CPower Equipment Operators- Underqround Sewer & Water Truck Crane Oiler/driver - 100 Tons And Over s59.4e 7A 3CPower Equipment Operators- Underqround Sewer & Water Truck Crane Oiter/driver Under 100 Tons 3CPower Equipment Operators- Underqround Sewer & Water Truck Mount Portabte Conveyor s5e.96 7A s60.4e 7A 3CPower Equipment Operators- Underqround Sewer &' Water Wetder ss6.e0 7A 3CPower Equipment Operators- Underqround Sewer & Water Wheel Tractors, Farmat[ Type Yo Yo Pay Dozer 5se.e6 7A 3CPower Equipment Operators- Underqround Sewer & Water 54e.96 5A 4APower Line Clearance Tree Trimmers Journey Level ln Charge 5A 4APower Line Clearance Tree Trimmers Spray Person 547.37 4ATree Equipment Operator 549.e6 5APower Line Ctearance Tree Trimmers 544.57 5A 4A Trimmers Power Line Cl earance Tree Tree Trimmer 5A 4APower Line Clearance Tree Trimmers Tree Trimmer G roundperson s33.60 s7e.s1 6Z 1GRefriqeration & Air Conditionine Mechanics Journey Level s57.32 5A 1MResidentiat Brick Mason Journey Level s45.0s 5D 4CResidentiat Carpenters Journey Level 4UJourney Level s60.07 7AResidentiaI Cement Masons Page 15 of 18 ovet, Excavator, Backhoes 50 Metric Tons To 90 ric Tons King King King King King King King King King King King King King King King King King King King King King BP 8P BP BP BP 8P BP 8P 8P BP BP 8P 8P BP 8P 8P King King King https : //fortress. wa. gov/lni/wagelookup/prvV/agelookup. aspx r011112018 5.a Packet Pg. 33 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) King King Kin Kin King Kin K Journey Level 54s.05 5D 4C Page 16 of 18 King King King ng Ki Ki Ki King King Ki Kin King Kin Kin Kin King King King King Kin Kin óþ King Ki Ki Ki Kin K ng Journey Level s45.1 e 5P 1EResìdentiaI Drvwat[ Tapers 5A 20ResidentiaI Etectricians Journey Level s37.26 s42.05 7L 1HResidentiaI Glaziers Journey Level Journey Level s4s.05 5D 4CResidential lnsutation Appticators 1HResidentiaI Laborers Journey Level s3ó.ó8 7A 5A 1MResidential Marb[e Setters Journey Level s57.32 s42.50 6Z 28ResidentiaI Painters Journey Level 5A 1GResidentiat Plumbers & Pipefitters Journey Level s51.37 Journey Level 5s1.37 5A 1GResidentiaI Refrieeration & Air Conditioninq Mechanics ss0.01 7F 1RResidentiaI Sheet Metal Workers Journey Levet (Fietd or Shop) Journey Level 54e.43 5A 3JResidentiaI Soft Ftoor Lavers s46.58 5C 2RResidentiaI Sprinkter Fitters (Fire Protection) Journey Level ResidentiaI Stone Masons Journey Level 557.32 5A 1M 1MResidentiaI T er razzo Workers Journey Level 552.61 5A Journey Level 543.44 5A 1BResidentiaI TerrazzolTite Finishers ResidentiaI Tite Setters Journey Level ss2.61 5A 1M ss1 .52 5A 3HRoofersJourney Level 3HRoofersUsing lrritabte Bituminous Materiats 554. s2 5A Sheet Metal Workers Journey Level (Fietd or Shop)s82.51 7F 1E Shipbuitdine & Ship Repair New Construction Boilermaker s3ó.3ó 7V 1 Shipbuitdine & Ship Repair New Construction Carpenter s3ó.36 7V 1 Shìpbuitdinq & Ship Repair New Construction Crane Operator s3ó.36 7V 1 Shipbuitdine & Shíp Repair New Construction Etectrician 536.36 7V ! Shipbuitdins & Ship Repair New Construction Heat & Frost lnsutator s73.58 5J 4H Shipbuitdine & Ship Repair New Construction Laborer 536.3ó 7V 1 7V 1Shipbuitdine & Ship Repair New Construction Machinist s3ó.36 Shipbuitdine & Ship Repair New Construction Operating Engineer s3ó.3ó 7V 1 Shipbuildine & Sbip Repair New Construction Painter s3ó.36 7V 1 Shipbuitdine & Ship Repair New Construction Pipefitter s36.36 7V 1 Shipbuitdine & Ship Repair New Construction Rigger s36.36 7V 1 Shipbujldine & Ship Repair New Construction Sheet Metal s36.36 7V 1 Shipbui[dinq & Ship Repair New Construction Shipfitter 536.36 7V 1 Shipbuitdine & Ship Repair New Construction Warehouse/Teamster 536.3ó 7V ! Shipbuitdine & Ship Repair New Construction Welder / Burner s36.36 7V 1 https ://fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx r)trU20r8 5.a Packet Pg. 34 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Kin Kin King Ki King King Kin King King King King King King King King King Kin King King King King King Boitermaker 544.95 Page 17 of 18 8P Ki King King King King King King King King 8P King 7X 4JShipbuitdine & Ship Repair Ship Repair Carpenter 544.9s 544,06 7Y 4KShipbuitdine & Ship Repair Ship Repair Crane Operator Shipbuitding & Ship Repair Ship Repair Electrician 544.e5 7X 4J 573.58 5J 4HShipbuitdine & Ship Repair Ship Repair Heat & Frost lnsutator Shipbuitdinq & Ship Repair Ship Repair Laborer 544.95 7X 4J 7X 4JShipbuitdine & Ship Repair Ship Repair Machinist 544.e5 544.06 7Y 4KShipbuitdinq & Ship Repair Ship Repair Operating Engineer 4JShipbuitdine & Ship Repair Ship Repair Painter s44.es 7X s44.95 7X 4JShipbuitdinq & Ship Repair Ship Repair Pipefitter 544.es 7X 4JShipbuitdine & Shio Reoair Ship Repair Rigger Ship Repair Sheet Metal s44.95 7X 4JShipbuitdine & Ship Repair 4JShipbuit¿lne e Ship Ship Repair Shipwright 544.e5 7X 544.06 7Y 4KShipbuitdinq& Shio Reoair Ship Repair Warehouse / Teamster q 1 {Etectricat) Sien Makers & lnstallers Journey Level 54e.70 Journey Levet 3 1 52s a 1Siqn Makers & lnstalters {Non- Etectricat) 5A 3JSoft Floor Lavers Journey Level s4e,43 s12.44 tSotar Controls For Windows Journey Level s77.39 5C 1XSprinkler Fitters {Fìre ProteE!terli Journey Level 513.23 1Journey LevelStaee Riqeine Mechanics (Non Structurat) s57.32 5A 1MStone Masons Journey Level !Journey Level 51e.0eStreet And Parkinq Lot Sweeper Workers 55e.49 7A 3CSurvevorsAssistant Construction Site Surveyor 7A 3CChainmans58.93Survevors s60.4e 7A 3CSurveyorsConstruction Site Surveyor 1Es48.06 7ETetecommunication Technicians Journey Level 541.22 5A 28Teleohone Line Construction - 0utside Cabte Spticer s23.12 5A 28Hole Digger/Ground PersonTelephone Line Construction - Outside 28s39. s3 5ATelephone Line Construction - Outside lnstatler (Repairer) 541.22 5A ZB Outside Teteohone Line Conçtrr rcfion -Specia[ Aparatus lnstatter I 540.41 5A ZBSpeciat Apparatus lnstalter llTelephone Line Construction - Outside 5A 28Tetephone Equipment Operator (Heavy) 541.22Telephone Line Construction - Outside htþs : //fortress.wa. gov/lni/wagelookup/prvV/agelookup. aspx 538.36 5A 28 t0lrU20t8 5.a Packet Pg. 35 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) s38.36 5A 2BTelephone Line Construction - Outside Tetephone Lineperson 521,e2 5A 28Tetephone Line Construction - outside Tetevision Groundperson Television Lineperson / lnstaller sze.1 3 5A 28Tetephone Line Construction - Outside s34.68 5A 28Tetephone Line Construction - Outside Tetevision System Technician Tetevision Technician s31 .1 B 5A 28Telephone Line Construction - Outside s38.3ó 5A 28Telephone Line Construction - Outside Tree Trimmer Journey Level 552.ó1 5A 1MÍerrazzo Workers 1MJourney Level ss2.61 5ATite Setters 543.44 5A 1BTite, Marbte & Terrazzo Finishers Finisher Journey Level s45.53 7A 1KTraffic Control Stripers 5s4.30 5D 3ATruck Drivers Asphatt Mix Over 16 Yards Asphatt Mix To 16 Yards s53.46 5D 3ATruck Drivers 3ATruck Drivers Dump Truck s53.46 5D 554.30 5D 3ATruck Drivers Dump Truck & Traiter Other Trucks s54.30 5D 3ATruck Drivers 4rTruck Drivers - Readv Mix Booster 9 Yards and Over s52.78 5A Non-Booster Loads Under 9 Cubic Yards 552.53 5A 4rTruck Drivers - Ready Mix 517.71 IWet[ Dri[ers & lrrì&rtion Pump lnstatters lrrigation Pump lnstatler 1Wett Dri[ers & lrrieation Pump lnstatters Oiler 512.e7 Tet one L e lephone Equipment Page 18 of 18 r King King King King King King King King King King King King Ki King King Kin King King King King Wet[ Dritlers & lrrieation Pump Welt Dritter lnstatlers BL 8L BL BL 5t a.1 https : //fortress. wa. gov/lni/wagelookup/prvV/agelookup. aspx 10ltU20r8 5.a Packet Pg. 36 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) EXHIBIT A Proposal of /u .¿_14 (hereinafter called the "Bidder"), organized sEcTroN 004000 BID PROPOSAL Kent Facility Modular Building s under the laws of the State of Washington and On ûon orJ doins business as* - C orþôr"l )oA (*lnsert "a corporaTion", "a partnership", or "an individual") To the OWNER (City of Kent): In compliance with your invitation to Bid, the Bidder hereby proposes to fumish all labor and materials specified herein neceisary for and inciclental to the completion of the work in strict accordance with the ConÍact Documents, within the time set forth herein, and at the lump sum price stated below (not including WSST). WITHDRAWAL OF BID: No bidcter may withdraw his/her bid fbr a period of sixty (60) calendar days after the day ofbid opening, TIME OF COMPLETION: The work of this contract shall commence from the Notice to Proceed ancl thc work specifiecl in Lurrrp Surn Bnse llicl shall be suþstantially completed witl*n¡e¡¡er¡'g¡.five ( P€r 8tu1^ l STATtr SALES TAX: The undersigned agrees that the above named Lump Sum and does not include Washington State and local sales taxes (WSST). WSST will be paid to the Conhactor with each pay application. OVERHEAD AND PROFIT: The undersigned âgrees that the above Bids do include overiread, profit, and all other expenses involved, COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this contract within {ìve (5) calendar days after the Notice 1o Proceed and to fully complete the work within the time established in paragraph C of this proposal. LIQUIDATED DAMA,GESI Tl attc$'dnnrages the sum as .8-Müt I {ro11 '.clnilcBID SIICURITY: Bid security is rtot requi will be required of the successful bidder, for this project. A Performance and Payrnent bond B. C. D. E. F, G. H. Bid Proposal LUMP SUM BASE BID¡ The manufacture, delivery, and installation of a modular building and associated appufienances as shown on the drawings and as specified in this project manual for the lump sum price (which does not lrv o (Atnount in A. tÅ $213 2.6 include Washington State Sales Taxes (WSST)) (Amount in numbers) 5Cv llpø,"l 004000-l 5.a Packet Pg. 37 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) I J Exhibit A ADDRESS: Notice of acceptancc of this bid or request for additional information shall be addressed to the undersigned at the address stated below, SELECTION CRITERIA: This bid is being made in accordance with the Owner's procedutes and shall be evaluated as follows: Responsiveness, The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid, Responsibility, The Owner will consider all material submittecl by the contractor, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of successfully completing conüacts of this type, The following elements may be given consideration by the Owner in determining whether a contractor is a responsible contractor: a) The ability, capacity and skill of tire contractor to perform the contract and/or provide the service required; b) The chatactel, integrity, reputation, judgment, experience and efficiency of the biclder; c) Whether the contractor can perfonn the contract and do so within the time specified; d) the quality of performance by the contractor on previous and similar contracts; e) The previous and existing compliance by the bidder with laws ielating to the contract or services; and f) such other inforrnation as may be secured having bearing on the decision to award the contracts, When requested by the Ownet', contractor$ shall furnish acceptable evidence of the contractor's ability to perform, such as firm commitments by subcontractors, equipment, supplics and facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such information upon request may cause the bid to be rejected, 3. Lowest Bid; The lowest bid SIGNATURE: By signing this Bid Proposal, the unciersigned biclder agrees to subtnit all insurance documents, performance bonds, and signed contracts within ten (10) calendar clays after City awards the Contract and be bound by all terms, requirements and representations listed in the bid clocuments whether set forth by the City or by the Bidder, The Bidder acknowledges the receipt of Addenda to the contract documents as follows Addctdg$No. Date of receipt and ackttowledgment 1 2 K 2 4 Bid Proposal 004000-2 5.a Packet Pg. 38 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Io rZ¡t {+r4 J3u;ld¡"s J'r^,t/h'ar,/ Bid Date q Address I t'löl b Pq,+{ \uo,/dll* efr Submitted By (Sigpature) R¡"qml{ Submitted By (Printed Name) ß /-'q^.4,S,Aanq tttoo-6tr2. Iq>z Telephone Number FaxNumber 71 szr Address 2 Title r 'nd I rnd¿r4 bo,fJ.-s , (ont END OT'BID PROPOSAL E-mail I Bid Proposal 004000-3 5.a Packet Pg. 39 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5.a Packet Pg. 40 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) EXHIBIT A CITY OF KENT KING COUNTY, WASHINGTON Request for Bids Kent Shop Facillty Modular Bullding BIDS ACCEPTEÐ UNTIL October 2nd, 2018 2:00 p.m, Bid Opening Immediately Following AT C]TY OF KENT CENTENNIAL CENTER BUILDING Facilities office, 400 West Gowe, Sulte 106, Kent, WA 98032 Nate Harper Project Coordinator KEN T WAåHINôTON j I BIDDER'S NAME 5.a Packet Pg. 41 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A ÐMSTON 0 Cover Table of Contents Invilation to Bicl Information for Bidders Statement of Bidder's Qualifi cations Biclclers Checklist Bid Proposal Fonn Non Collusion and Minimum Wage Form Equal OpportunitY PoiicY Form Contractor's Compl iance Statement Insuran ce Req ui rements for Constrlrcti on Proj ects Agreement Perfbrmance Boncl Forrl General Conditions State Prevailing Wage Rates for King County pwrsloN 1 Srrmmary Closeout Procedures Operations and Maintenance Data DIVISION 13 Modular Building Systems prvrsloN 32 Chain Link Fencing & Gates DIVISION 33 Site Utilities sEcrIoN 000100 TÄBLE OF CONTENTS END OF SECTION 0001 00 00r000 002000 002 r 00 002200 004000 004500 004600 0046s0 004980 00s000 006000 00?000 009000 011000 0 1 ?700 017820 r 3341 9 323114 334100 Table of Contents 000100 - 1 5.a Packet Pg. 42 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A INVITATION TO BID Notice is hereby given that the Clty of Kent, Washington, will receive sealed bids at the City of Kent Facilities Office at Centennial Center Bullding,400 West Gowe #L06, Kent, Washington 98032, through October 2t Z.ALB up to 2:00 p.m, as shown on the clock in the Facilities Office. The Centennial Center Building is located immediately east of Kent City Hall. All bids must be properly marked and sealed in accordance with this "Invitation to Bid." Bids must be delivered and received at the Facility Office by the above-stated time, regardless of delivery method, including U.S. Mail. All bids will be opened and read publicly aloud immediately following for the City of Kent project named as follows: Kent Shop Facility Modular Building Contractor shall prepare the site and install a manufactured modular building(s) similar to the configuration shown on the drawings and descríbed in the specifications, The contractor must supply a stamped engineered set of modular building drawings to the Kent Building Dept for permit. Contractor to coordinate with PSE and provide trenching, conduit, and piping for power and gas connections, Contractorto supply and install fencing around building as shown. Project estimate range is $140,000 to $150,000 plus Washington State Sales Tax, and woik shall be complete in 90 calendar days from contract award, Bid documents may be obtained by contacting David A. Clark Architects, PLLC, 253 35L-8877, A pre-bid conference will begin at the Kent Shop Facilities, located at 5821 S. 240th St, Kent, WA, at 1O:00 a.m, on Tuesday, September 25,2018. While attendance is not mandatory, it is strongly encouraged. If you cannot attend the pre-bid conference and would like to do a site visit, you must contact the project Coordinator Nate Harper, 253 856-5082 to schedule an appointment. Rll b¡AOers must have visited the s¡te prior to submitting a bid. Bids must be clearly marked "Bid" with the name of the project on the outside of the envelope, addressed to the Clty of Kent Facilities Office,4A0 West Gowe.#106, Kent, WA 98032. ónly sealed bids will be accepted, No facsimiles or electronic submittals wlll be consid ered. The City of Kent reserves the right to reject any and all bids on any or all schedules or alternated or to waive any informalities in the bidding and shall determlne which bid or bidders is the most respohsive, satisfactory, and responsible bidder and shall be the sole judge thereof. Bid Security is not required for this project, but a performance bond will be required of the successful bidder, Bidders must submit with their initial bid a signed statement as to whether they have previously performed work subject to the President's Executive Order No,11246. No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid opening. 5.a Packet Pg. 43 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A INFORMATION FOR BTDDERS 1, Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the Contract Documents' The City reserves thı right to take whatever action it deems necessary to asceftain the ability of the giOO.i to perform the work satisfactorily. This action includes the City's review of the qualification information in the bid documents, The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also ieifonsiUte and able to perform the contract work. If the City determines thatthe lowest bidder is not the lowest responsive and responsible bidder, the City reserves its unqualified right to reject that bid and award the contract to the next lowest bidder that the ð¡ty, ¡n iti soled judgment, determines is also responsible and able to perform the contract work (the'ilowest responsive and responsible bidder"), 2. All blanks in the proposal forms must be appropriately filled in. proposal must contain original signature pages, Facsimiles are not acceptable and are considered non-responsive submittals, 3. All bids must be sealed and delivered in accordance with the "Invitation to Bid," Bids must be received at the location designated in the invitation to bid by the stated time, regardless of delivery method, including U'S' Mail. 4. The City also reserves the right to include or omit any or all schedules or alternates of the iroposal and will award the contract to the lowest responsive, responsible bidder based on the total bíd amount, including schedules or alternates selected by the city. A bidder who wished to claim error after the Bids have been opened and tabulated shall submit a notarized affidavit signed by the Bidder, accompanied by original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award, The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid. The affidavit and the work sheets shall be submitted to the Architect no later than 5:00 p,m, on the first business day after Bid opening, or the claim will not be considered, The Architect will review the certified work sheets to determine validity of the claimed error, and make a recommendation to the City. If the Clty concurs in the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of the Bidder will be returned, Thereafter, at the discretion of the City, all Bids may be rejected or award made to the next lowest responsive, responsible Bidder' 5. The form of contract that the successful bidder, as the Contractor, will be required to execute, and the forms and the amount of surety bonds that it will be required to furnish at the time of execution of the contract are included in the bid documents and should be carefully examined. The contract and the Surety Bonds will be executed in two (2) original counterparls. 5.a Packet Pg. 44 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Within 10 calendar days after the award date, the successful bidder shall return the signed City prepared contract, insurance certification as required by the contract, and a satisfactory bond as required by law. If the successful bidder fails to provide these documents within the lo-day period, the City ffiãy, at its sole discretion, reduce the time for completion of the contract work by one calendar day for each calendar day after this 10-day period that the successful bidder fails to provide all required documents. Until the City executes a contract, no proposal shall bind the City nor shall any work begin within the proJect limits or within City-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the City, No claim for delay shall be granted to the contractor due to his failure to submit the required documents to the City ln accordance with thls schedule. 6, The "Payment and Performance Bond" is required and shall remain In force for one year followlng the Kent City Council "Final Acceptance Date" of the project to ensure defects are corrected during the one-year guarantee period in compliance with WSDOT Section 1-05.10 (Guarantees), and the Performance Bond language of the contract. 7. Any decision made by the City regarding the award and execution of the contract or bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington State Law. Such review, if any, shall be timely filed in the Superior Court of King County, located in Kent, Washíngton. 8, The Contractor shall include all costs of doing the work within the bid item prices. In the contract plans, contract provisions, addenda, or any other part of the contract require work that has no bid item price in the proposal form, the entire cost of labor and material required to perform the work shall be incidental and included with the bid item prices in the contract, g. Refer to the insurance requirements in the project contract, which constitute the Contractor's Insurance requirements for this project. 5.a Packet Pg. 45 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CONTRACTOR' S QUALIFICATION STATEMENT (RCW 3e,04.3s0) THE CITY WILL REVIEW THE CONTRACTOR'S A¿"SPONSE''g TO THIS FORM TO DETERMINE WHETHER T'HE BIDDING CONTRACTOR /S JR.E"SPONSTS LE TO PERFORM THE CONTRACT WORK, THIS FORM REQUIRES CRITERIA ESTABLTSHED BY STATE LAW AS I|/ELL AS SAPPLEMENTAL CNTERIA ESTABLISHED BY THE CITY THAT ARE APPLICAßLE TO THIS PUBLIC WORKS PROJECT, THE BTÐDER SHOALD READ AND RESPOND TO THIS FORM CAREFULLY, Indicia of contractor's responsibility inherently involve subjective determinatioÍìs as to the .oi.,trurtor', ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city i,o, un obligation and a cluty to its citizens and its taxpayers to adrninister its budgets a¡d compleie its projectiin a businesslike manner. Accordingly, it has a duty to exercise the iype of inquiry and discretion a business would conduct when selecting a cotrtractor who will be responsible to perform the contract work' The city's supplernental criteria are based, in large part, on the qualification statement form used by the AmericaÅ'lnstitute of Architects. The city provides these criteria so as to provide the most ob.iective framework possïble within which the city will make its decision regarding the tridder's aUìtity to be responsible to pcrform the contract worl<. These criteria, taken together, will form the basis'for the city's decisionihot u bidd"r is or is not responsible to perfbrm the contract work, Any bidder may mal<e a fbrmal written request to the city to modify the critcria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that tire bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening ciate, whichever crccurs frrst, if the city receives a modification request, it will consicler any infbrmátion submitted in the requcst and will respond before the bid submittal deadline' If the city's evaluation results in changed criteria, the city will issue an addenduln establishing the new or modified criteria. If the city dctermines that, based on the criteria established in this statement, a bidder is not responsibie to perfbrm the contract worl<, the city will provide written notice of its determination tlrai will inclucle the city's rsason for its clecision, The bidder has 24 hours lrom the time the city delivers written notice to the biclcler that the bidder is not responsible to perform the contract worl< to appeal the city's determination. No appeals will be received after the expiration of the 24 hour appeal period, The city may cleliver this notice by hand delivery, email, facsimile, or regular mail, In the event the city uses regular mail, the delivery will be clcemed complete three days after being placed in rhe U,S. Mait. The bidder's right to appeal is limited to the single remedy of providing ihe city with additional information to be considerecl befbre the oity issues a final cletermination. Biclder acknowledges ancl understands that, as provided by RCW 39,04,350, no other appeal is allowed and no other remedy of any l<incl or nature is available to the bidding contractor if the City determines that the bidder is not resporlsible to perfortn the contract work, If the bidder fails to lequest a modiÊrcation within the tìme allowed, or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will mal<e its cletermination of bidder responsibility based on the information submitted, Contractor's Qualifications Statement 002100 - 1 5.a Packet Pg. 46 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID, FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOAR BID I.Í NON-.RE^SPONSIVE AND THEREFORE VOID, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGAD WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifies under oath that the information provided herein is true and sufficiently complete so as not to be misleading, SUBMITTED BY: NAME: ADDRESS: PRINCIPAL OFFICE: ADDRESS: PHONË FAX; 1.STATUTORY REQUIREMENTS 1.1 Provide a copy of your cefiifîcate of registration in compliance with chapter 18.27 RCW. 1.2 Provide your current state unified business identifier number. Provide all applicable industrial insurance coverage for your employees working.in Washington ãi required in Title 5i RCW, together with an employment security departmint numbei as requirecl in Title 50 RCW, and a state excise tax registration number as required in T'itle 82 RCW. 1.4 Provide a statement, signed by a person with authority to act and speak for yor-rr company, that your company, including any subsidiary companies or affiliated ro*þrni.r undei majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualifìed from biclding on any public works contract under RCW 39.06,0 l0 or 39.12'065 (3), 2, ORGANIZATION Z,l How many years has your organizationbeen in business as a Contractor? Z,Z How many years has your organization been in business uncler its present business name? Contractor's Qualifications Statement 002100 - 2 1.3 5.a Packet Pg. 47 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 2,2.1 Under what other or lbrmer names has your organization operated? If yoLrr organizatiou is a corporation, answer the following: 2,4 If your organizatiotr is a partnership, answer the following: 2.4.1 Date of organizationl 2,4.2 'l'ype of partnership (if applicable): 2,4,3 Narne(s) of genelal partner(s): 2,5 If your organization is individually owned, answer the following: 2,3 3,1 3.2 2.3,1 2,3,2 2.3.3 2.3.4 2.3.5 2,3.6 2,5.1 2,5.2 Date of incorporation: State of incorporation: President's name: Vice-president's name(s) : Secretary's name: Treasurôr's name: Date of organization: Name of owner: 2.6 If the form of your organization is other than those listed above, describe it and name the principals: 3. LICENSING List jurisdictions and trade categories in which your organizatïon is legally qualiflrecl to do business, and indicate license numbers, if applicable. List jurisdictions in which your organization's parlnership or trade name is filed. 4. EXPtrRIENCE 4,1 List the categories of work that your organization normally performs with its own forces. Claims and Suits, (lf the answer to any of the questìons below is yes, please attach details,) 4,2.1 Has your organization ever failed to complete any work awarded to it? 4,2,2 Are there any judgments, claims, arbitration proceeclings or suits pending or outstanding against your organization or its officers? 4,2,3 Has your organization filed any law suits or requestecl arbitration with regard to construction contracts within the last fìve years? 4,3 Within the last five years, has any officer or principal of your olganization ever been an offrcel or principal of another organization when it failed to complete a construction contract? (lf the answor is yes, please attach details,) Contractor's Qualifications Statement 002100 - 3 4.2 5.a Packet Pg. 48 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, architect or design engineer, contract amount, percent complete and scheduled completion date. 4,4,1 State total worth of work in progress and uncler contract: On a separate sheet, list the major projects your organization has completed in the past five yeârs, giving the name of project, owner, architect or design engineer, contract amount, date of completion and peroentage of the cost of the work performed with your own forces. 4.5.1 State average annual amount oflconstruction work performed dr-rring the past five years: On a separate sheet, list the construction experience and present comrritments of the key individuals of your organization. 4.7 On a separate sheet, list your major equipment. 5. REFERENCES Tracle References: Bank Ref'erences: Surety: 5.3.1 Name of bonding company: 5.3,2 Name and address of agent: 4,4 4.5 4,6 5.1 5.2 5.3 6, FTNANCING 6.1 Financial Statement. After bid opening, the City may require the following financial information from any of the three appaient low bidders, If so required, the selected bidder(s) must respond with this financial infon¡ation wìthin 24 hours of the City's request for that information. The City's request for this information shall not be construed as an award or as an intent to award the contract. A bidder's failure or refusalto provide this information may result in rejection of that bidder's bid' 6.1.1 Attach a financial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials inventory and prepaid expenses); Net Fixecl Assets; Contractor's Qualifìcations Statement 002r 00 - 4 5.a Packet Pg. 49 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Other Assets; Current Liabiiities (e.g., accounts payable, notes payable, accrued expenses, provision for income iaxes, advances, accrued salaries and accrued payroll iaxes);Other Lirrbilities (e,g,, capital, capital stock, author'ized and outstanding shares par values, earned surplus and retained earnings), 6,1,2, Name and address of firm preparing attached frnancial statement, and date thereof: 6.1,3 Is the attached financial statement for the identical organization named on page one? 6,1.q If not, explain the relationship and financial responsibility of the organization whose frnancial statement is provided (e'g,, parent'subsidiary)' Will the organization whose frnancial statement is attached act as guarantor of the contract for construction? SIGNATURE 7,1 Dated at this --day of -,201-' N¿me of Organization: By: Titlc: 6.2 1 Contractor's Qualifi cations Statement 0021 00 - 5 5.a Packet Pg. 50 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A BIDDER'S CHECKLIST The following checklist is a guideline to help the Contractor make sure all forms are complete. The bidder's attention is especially called to the following forms. Failure to execute these forms as required may result in rejection of any bid. Bidder's Package should include the following: _ Bid Document Cover Sheet fílled out with Bidder's Name _ Contractor's Qualification Statement Filled out and notarized _ Bid Form First line of bid form - filled in Unit prices are correct and wrltten in words _ Bid Form Signature Page All Addenda acknowledged Date, signed and addressed _ Contractor Compliance Statement Date Have/have not acknowled g ment Signature and address - Declaration - City of Kent Equal Employment Opportunity Policy - City of Kent Administrative Policy Non-Col lusion Affidavit Signed, dated and notarized Note - Bid Security ís not required on this project. The following forms are to be executed AFTERthe Contract ls awarded: A) CONTRACT This agreement to be executed by the succesgful bidder,. B) PERFORMANCE BOND To be executed by the successful bidder and thelr suretv comPanY. The following form is to be executed AFTER the Contract is completed: A) Ctly.oF I(ENT EqUAL EMPLOYMENT OPPORTUNITY COMPLIANqE STATEMENT- to be exécuted by the successful bidder AFTER COMPLETION of this contract' 5.a Packet Pg. 51 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A sEcrIoN 004000 BID PROPOSAL Kent Shop Facilify Modular Building Proposal of . - (t,,*ieinafte.grrna"'thelawsoftheStateofWaslringlonand doing business as * (*lnsert "a corporation", "a pårtnefs hip", ot.''att individual") 'l'o the OWNER (CitY of l(ent): In cornpliance with your Invitation to Bid, the Bicider hereby proposes to furnish all labor and materials specifìci herein neceisary for and incitlenttrl ro rlrs cornpletion of the work in strict accordance with the iontl'act Docuurents, within the time sct lortlt hel'ein, and at the lump sum price stated below (not including WSST). Ä,LUMP SUM BASE BID; The manirfacture, delivery, ancl ínstallation of a moduiar builcling and associated appuftenances as shown on the drawings and as specifred in this project manual for the lump sum price (which does not inck¡de Washínglon State Sales'l'axes (WSST)) T)ollars $ (Amaunt in numbers)(Antor,mt in words) B. \ilITHDRAWAL OF BIDI No biclder may withdraw his/her bicl for a period of sixty (60) calenclar days after the day ofbid opening. C. TIME OIt COMPLDTIONT The rvork of thís contract shall commence from the Notice to Proceecl ancl the work specified in Lump Sum Base Bid shall be substantially completed within seventy'flrve (75) calendar clays for all of the work. D. STATtr SALES TAX: The undersigned agrees that the above named Lurnp Surn and does not include Washington State and local sales taxes (WSST). WSST will be paid to the Contractor with each pay application. E. OVIRHEAD AND PROFITT The undersigned agrees that the above Bicls do include overhead, profit, and all otlter expenses involvecl. F. CCIMMINCEMENT OF WOlLKr T'he biclder hereby agress to commence work uncler tltis contract within frve (5) calendar days after the Notice to Proceecl and to fully complete the worlt wittrin the tirne establisheci in palagraph C of this proposal, LIQUIDATED DAMAGES: The Bidder furlher agress to pay as lìqLridateclc1arnages the sum as calculated in specification section 007000 General Conciitious, article 8,3,3, BID SICURITYI Bid security is not required for this prcrject. A Perlormance and Payment bond will be required of the successful bidder', G. H. Bid Proposal 004000-1 5.a Packet Pg. 52 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A I, J. ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below. SELDCTTON CRITERIA: This bid is being macle in accordance with the Owner's procedures and slrall be evaluated as follows: l. Responsiveness, The Owner will consider all material submitted by the contractor to determine whether the Contractor's proposal is in compliance with the invitation to bid, 2. Responsibility. 'i'he Owner will consider all material subrnitted by the contractor, and other evidence it rnay obtain otherwise, to determine whether the contractor is capable of and has a history of successfully completing contracts of this type, The following elements may be given consïderation by the Owner in dètermiãing whether a contiactor is a responsible contractor: a) The ability, capacity and skill of the oontractoito perform the contract and/or provide the service required; b) The character, integrity, reputation, judgment, experieuce and efficiency of the bidder; c) Whetlier the contractor can perform the contract and do so within the time speciiìed; d) the quality of perfotmance by the contractor on previous and similar contracts; e) The previous and existing compliance by the bidder with laws ielating to the contract or services; anO-Ð such other information as may be secured haying bearing on theãecision to award the contracts. When requested by the Owner, contractors shall furnish acceptable evidence of the contractor's ability to perfbrm, sttch as finn commitments by subcontractors, equipment, supplies and facilities, and the contractorns ability to obtain the necessary personnel. Refusat tı provideiuch information upon request may cause the bid to be rejected. 3, Lowest Bid: The lowest bid SIGNATURE: By signilg this Bid Proposal, the undersigned bidder agrees to submit all insurance documents, performanãe bãnds, and signed contacts within ten (10) calendar 9?Vt.uft:l City awatds the Contraci and be bound by all terms, requirements and representations listed in the bid documents whether set forth by the City or by the Bidder. The Bidder acknowledges the receipt of Addenda to the contract documents as follows: Addendum No. Date of receipt and acknowledgment K 2. J. À Bid Proposal 004000-2 5.a Packet Pg. 53 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Bid Date CompanyName Address 1 Submitted By (Signature) Address 2 Submitted By (Printed Name) Telephone Number Title Fax Number END OT BID PROPOSAL E-mailaddress Bid Proposal 004000-3 5.a Packet Pg. 54 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A City of Kent Combined Affidavit & Certification Form: Non-Collusion, Minimum Wage (Non-Federal Aid) NCIN.COLLUSION AFFI DAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusìon to secure to himself/herself or to any other person any advantage over other bidder or bidders, AND MINIMUM WAGE AFFIDAVTT FORM I, the undersigned, having duly sworn, deposed, say and certify that in connection with the per-formance of the work of this project, I will pay each classification of laborer, workman, or mechanlc employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; know the contents thereof and the substance as set forth therein is true to my knowledge and belief' FOR; NON.COLTUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT NAME OF PROJECT NAME OF BIDDER,S FIRM SIGNATURE OF AUTHORIZED REPRESENT ATIVE OF BIDDER Subscribed and sworn to before me the day of , 2A_ Notary Public in and for the State of Was Residing in hington 5.a Packet Pg. 55 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 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 Àft..runt shall .ompiy 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, iubcontractor or suppiier on this specific Agreement to adhere to. An affirmative i.rponu" is required on all of thä'followirrg questions for this Agreement to be valid and binding. lf jny contractor, subcontractor or suppliðr wlllfully misrepresents 'themselves with regard.to the directives ougines, it will be considereA 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 Cìty of Kent administrative policy number 1.2, Z, During the time of this Agreement I will not díscriminate in employment on the basis of sex, race¡ color, national origin, age, or the presence of all sensory, mental or physical disabilitY. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity emploYer, 4, During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities' 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above, By signing below, I agree to fulfill the five requirements referenced above, Dated this --.-- daY of ,24-. By: For: Title: Date: EEO COMPLIANCE DOCUIVlENTS - 1 5.a Packet Pg. 56 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CITV OF KENT ADMINTSTRATIVE POLTCY NUMBER: T,2 EFFECTIVE DATE: January 1, 1998 SUBJECT: 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 910,000 or rnore within any given year, musttake the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. Z, Actively consider for promotion and advancement available minorltles and women, Any contractor, subcontractor, consultant or supplier who willfully disregards t!" City's noñdiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or terminatlon 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 regulatións 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. MINORITY AND WOMEN CONTRACTORS SUPERSEDES: APril 1, 1996 APPROVED BY Jim White, MaYor ËEO COMPLIANCE DOCUMENTS. 2 5.a Packet Pg. 57 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CTTY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER CoMPLETION of this project by the contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as ldate) that was entered into on the- between the flrm I represent and the City of Kent, I declare that I complied fully with all of the requlrements and obligatlons as outlined in the City of Kent Administrative pollcy 1,2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this - day of 20_. By: For: Tltle: Date: EEO COMPLTANCE DOCUMENTS. 3 5.a Packet Pg. 58 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CONTRACTO R COMPLIANCE STATEM ENT (President's Executive Order #LI246) This statement relates to a proposed contract wíth the City of Kent named Kent Shop Facility Modular Building I am the undersigned bldder or prospective contractor, i represent that - 1, I _ have, have not participated in a previous contract or subcontract subject to the President's Executive Order #tL246 (regarding equal employment opportunity) or a preceding similar Executlve Order. NAME OF BIDDER Signature/Title ADDRESS (Note to Bidders: The information required in this Compliance Statement ls informational onlY) BY 5.a Packet Pg. 59 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A EXHTBTT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, ¡nsurãlce àgainst claims for injuries to persons or dama,ge to property which ¡1ãV ãrirã fiom or in connectioi with th'e performance of the work hereunder by tne Contractor, their agents, representatives, employees or subcontractors ' A. Minimum ScoPe of Insurance Contractor shall obtaÌn insurance of the types described below: 1, Au,tomohile Liability insurance covering all owned, non-owned, hired.and_ffierageshallbewrittenonInsuranceServicesOffice (ISO) form CA 00 01 or a substitute form providing equivalent liability èoverage, If necessary, the policy shall be endorsed to provide contractual liabilitY coverage. Commercial G_g¡eral Liability insurance shall be written on ISO occurrence form CG 00 0fãnd ihátl cover liability arising from premises, operations, i ndependent contractors, prod ucts-co mpleted operations, person al i nj ury and'advertising injury, and liability assumed under an insured contract, The Commerciãl Genêîal Liability insurance shall be endorsed to provìde the Aggregate Per Project Endoisement ISO form CG 25 03 11 85, There shall 6e no endorsemént or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage, The City shall be_named as an insured undei the Contiactor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO ã¿ditional insuied endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2, Worlcers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington, 3. Builders Ris.l< insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work, Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a maximum deductíble of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles forflood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. Builders Risk-insurance shall be maintained until final acceptance of the work by the City. 5.a Packet Pg. 60 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A EXHIBIT B (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1, Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2, Commercial General Liability insurance shall be written with lim¡ts no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products- completed operations aggregate llmlt. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions, C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Cbmmercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary lnsurance as respèct the City. Any insurance, sêlf-insurance, or insurance pool coverage maintained'by the City shall be excess of the Contractor's insurance and shall not contribute with it'Z, The Contractor's lnsurance shall be endorsed to state that coverage shall not be cancelled by either partY, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CitY. D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from anV ðiusà whatsoever to any tools, bontractor's, employee owned !ool,ll,. máchinery, equipment, or motor vehicles owned or rented. by the Contractor, ôr the Coñtraétor's agdnts, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences, E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of th.e other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the insurance Requirements Section of this Contract or other property insurance applicable to itre work, The policies shall provide such waivers by endorsement or otherwise. 5.a Packet Pg. 61 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A EXHIBIT B (Continued) F. AcceptabilitY of Insurers Insurance is to be placed with insurers with a currentA,M, Best rating of not less than A:VIÏ, G. Verification of Coverage Contractor shall furnish the City with original certificates and a çopy.of the ãmeÀãåiôry endorsements, incìudlng but not necessarlly lim,ited.to the, àdditionat ii'rsured endorsement, evidencing the Automobile liability an0 Óommercial General Liability insurance of the Contractor before ;ı;mãr¿ãméñt of tne worli, Before any exposure to loss may occur, the,. Contractor shall file with the Clty a copy of the Builders Risk ínsurance pol¡cy thrt-ìñ;hdei ãti âpplicable conditlons,'éxclusions, definitions, terms and endorsements related to this project. H. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnÌsh 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' 5.a Packet Pg. 62 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A KENT PUBLIC WORKS AGREEMENT between City of Kent and IInsert Contractor's Company Name] THISAGREEMENT b macleby and between the City of Kent, aWashln$on muttlcipalcorpontlon (lrere inafter tlre "Clty") , arcl [I nsri Crntracto r's Co, Name], organlzed und er the law s of he S tale of Insert StateConrpany' fonned urder],located ard doing busirnss at IInsert Ccntractor'sAdd'ess, *rone Number, and Contact Person], (herelnafter the "Contractor''), AGREFMÊNT. The partles agree as follows: I. DESCRTPTION OF WORK. Contractor shall perform the following servlces for the Clty ln accordance with the followlng described plans and/or speciflcationsl fInsert detailed descrlptlon of services contractor ls provldlng, Be as detalled as posslble' io, may attach an exhlbtt so long as the exhlblt is ciearly referenced and ldentlfled by tltle and datel, Contractor further represents that the services furnlshed under thls Agreement wlll be performed in accordance wittr qenÀrially accepted professlonal practices wlthin the Puget Sound reglon ln effect at the tlme such servlces are Performed, II. TIME OF OMPLETIcr{. The parties agreethal work wlll begin or the tasks desct'lbed in sætion I d¡ove lmnleclhtely upon execuuån of this Agreement, LÞon the effectlve date of [trls AE.eemen t, co¡tractor *rall 'com¡r lde the work clescrl uú tn sectlon I IEn ter elther "wlthln" or 'by" dçendlng m cleadllne In next form fptOl [inser^t elth er a date speclflc or enter # of days, weeks, months, years, etc,], III. COMpENSATION. The Clty shall pay the contractor a total amount not to exceed IInsert maxlmum dollar amou nf to be pald for éervices - You may type out the dollar amount and enter lhe numerlcal dollaramount ln parentheses or you may Just enter the numerlcal dollar amountl, includlng any applhable Washhgto n Statä Sales Tax, fol tne wóri< anA servlces contemplated ln thls Agreement' The contactor shall lnuolce-itre ctty monthlv, ir'e clty wlll pay for the portion of the work described in the tnvoice that has Ueen lompleted by the'Contractoi and apþroved by the Clty, The Clty's payment shall nol constitute a waiver of the Clty's right to final inspectlon and acceptance of lhe proJect' A, lla-y-n:-e-u[-a¡-d-Eeda.mo.nceå4rut, Pursuant to Chapter 39'08 RCW' the ConLractor' ;lüllî¡orlde th. City a tlryment and performance bond for the full contractatnou nt, B, t-{q[alrÌ0g-e, The Clty shall hold back a retalnage in the amount of flve percent (5%) of anVãñ¿ all payments made to contmcto r for a perlod of slxty (60) days after the date of final æceptance/ or untll recelpt of all ræcessary releases from the State òepartment of Revenue, the State Department of Labor & inclustries, and the State PUBLIC WORKS AGREEMENT . 1 5.a Packet Pg. 63 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Employment securlty De¡lartment, and untll settlement of any liens filed under ıf,äptér 60,28 RcW, whtihever is later, The amount retained shall be placed ln a fund by the Ctty purruunl to RCW 60,28,011(4)(a), lnless otherwise lnstructed by the Contractor wlthin iðrit.en (14) calendar àáys'of Contractor's slgnature on the Agreement,c fff{fi:å:.x".ï*rj*ltirïäï:ilnÏ]}Jïx requlrements ol'thls Ãgràe;ent; and exlra work ancl materlals furnished without lhe Clly's Wrltt.n upprovui, lf Contractor ls unable, for any reason' to satlsfactorlly complete any portlon of the work, the City nray complete tlte work l¡y con[ract or otherwise, and Contractor shall be liable lo'the ótty foi'arry addltional cos[s lncurred úV if't. ðüV, "Addllional costs" shall mean all reasonable costs, lncludlng legal costs and attorney fees, lncurred by the City bàyond lhe nraximunr Contract prlce specified above, The City further róseru"s its ríght lo cleduct the cost Lo complete the Cãntiu.t work, incluiiñg.ny Addilional Cıs[s, I'rorn any and all anroltnts due or to become due the Contractor' D, t=irlEl paynleritr .walyqr oL Ç1 , THE CONTRACTOR'S ^CCEPTANCE OF FINAL pAyMENl (EXcLIJDING WlTl-lÈt¡lo nrrntNAGE) SH4L! CONSTITUTE A WAIVER oF coNTRACToR's CLAiùS, rXcrpt THosE pREúIoUSLY AND PRoPERIY MADE AND IDENTTFIED BY CONiRACTOR AS UNSEfiLED AT THE TIME FTNAL PAYMENT IS MADE AND ACCEPTED, IV. INDEPENÞENT CONTRACTOR, The parties lntend that an Indepenclent contractor- Employer Relationshlp will be createcj by thls Agreement, By their execul.lon of thls Agreement, and in ãà.brAãncc with Ch,51.08 RCW, tlre parites malce tlre followlng representatlons: A, The Contractor has the ablllty to control and dlrect the perforrnance and detalls of its work, the City belng i''tt.*tfá¿ only in the results obtained under this Agreement' B, Tlre Contractor nlalntains and pays for lts own place of business from which contractor,s servlces under thls Agreement will be perforrned. C, The Contractor lras an establlshed and lndependent buslness that is ellgible l'or a buslness deductlon for federal lncome iax purposes that exlsted before the City retalnecl contractor's services and ls a servlce otlrer than that furnished by the ctty, or the Contraclor ls engaged ln an lndependently establlshed trade, occupatlon' órofàssion, or buslness oitñu same nature as that involved under this Agreement' The contractor ls responslble for fillng as they become due all necesgary tax documents wlth uppiöp':lutu federal uÉU siate agencles, includlng the Internal Revenue Servlce and the state Department of Revenue' The Contractor has registered its business and established an account wlth [he state Oefartment of Revenrie and other state agencles as may. be required by Contractor's Ousineis, and has obtalned a Unifled Bislness Identifier (UBI) number from the State of Washington, The Contractor has a valid conlractor registration pursuant to Ch' 18'27 RCW or an electrlcal contractor llcense pursuant to Ch' 19,28 RCW' ïhe Contractor malntalns a set of books dedicated to the expenses and earnlngs of Exhibit A Its business' v. TÉRMINATION. The Clty may termlnate thls Agreement for good cause, "Good cause" shall lnclude, without llmltatlon, any one or more of the iollowlng eventsl D E F \r PUBLIC WORKS AGREEMENT . 2 5.a Packet Pg. 64 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) A, B. Exhibit A The Contractor's relusal or fallure to supply a sufflclent number of properly skllled workers 0r proper materlals for completlon of tlre Contracl work, The Contrac¡or's fallure to complete the work wllhln the tlme speclfied ln this Agreement, The Contractor's fallure to make full and prompt payment to subcontractors or for materlal or labor. The Contractor's reg ulatlons. perslstent dlsregard of federal, state or local laws, rules or The Contractor's fllirlg for bankruptcy or becoming adjudged bankrupt' The Contractor's breach of any port¡on of lhis Agreement, c D E F Il the Clty termlnates thls Agreement for good cause, the Contractor. shall not recelve any further money due undér this Agreement u-rrHl the contrãct work is completed. After termlnatlon, the clty ntay take possesston of all reðords and data wlthln the ConLraclor's possesslon pertaining to thls proJect whlch may be used by the Clty wlthout restrlction, vI. PREVAILING WAGES. Contractor shall file a "statement of lntent to Pay Prevailing Wages,,, with the State of Washlngton Department of Labor & Inclustrles prlor to commencing the Contract work, Contractor shall pay preuãtltng wages ln effect on the date the bid ls acce¡rted or executed by contractor, ano compty 'wt'Hl' cnaptei ¡g.iz of the Revlsed code of washlngton, as well as any other appllcable prevalltng wage rate provlslons, The latest prevalllng wage rate revlslon lssued by the Deparlment oF Lal¡or and Industries ls attached. vII. CHANGES. The CIty may ISSUe a wrlüen change order for any change ln the contract work Jurlng the performance of this Agreernent, If the contractoi' determlnes, for any reason, th.at a,change order ls necessary, Contractor must submlt a wrltten change order reque.st.to the person llsted ln the nollce provtslon secilon of thls ngreemenl, Áuitton xv(D), *ithin fourteen (14) calendar days of the date Contracior knew or should have known of the facts and events glvlng rlse to the requested change' If the city determlnes that $re change lncreaies or decreases lhe cónt|actor's costs or [ime for performance' the Clty wlll mal<e an equltable adJustmånt. ff,u Clty wlll atiempt, in good falth., to reach agreement wlth the contractor on "rj *quit"r¡re a,íjustmánis, Howeïer, rr $re þártreðare.unable to agree, the city will delermlne the equltaSle adjustment as rt deems appioprlate, The contractor shall proceecl with the clrange orcler work upon receivlng either a wrltten cirange order fronr the Clty or an oral order from the city before actuaily recetvlng the wrtLteÁ ãrränge ãr¿er, "If the contractor falls io requlre a change orcler wlthtn bhe Hme speclfled ln ilils paragraph, the Contractor walves tis rlght to make any clalm or submlt subsequent cSange order requests for ttrãt'pôrtion of the .onir".t work'- If the conlractor dlsagrees with ilre equiLable aclJuslment, the contractor *lit .orplete the change order wglk; however, the contractor rnay elect to protesi tne ád¡ustmen[ as frouio.o rn iubsecttons A tñrough E of secblon VIII, claims, below' The contractor accepts all requlrements of a change orcler byl (1) enclorsing lL, (2) writlng a separate accepLance, or (3) not protesiinô- In H"'. .wa.y thìs sectlon þrovÌdes, A change order that ls accepted by contractor as provldecl ln thls ãecilon shall'constltute full þayrnent and flnal settlenrent ol all clainrs for conlracl gme and for dlrect, lndlrect and consequential costs, lncludlng costs of delays relatecl to any work, either covered or affected by the change' VIII. CLAIMS, If the contractor disagrees with arrything requrlrecl by a change ordor, another wrltLen order, or an oral order from the clti, includtng aìry c[rec[ion, lnstructlon, interpretation, or cietermlnatlon lry tlre clty, the contractor may fítã a ctainr ãs prilvtdecl ln.this.section, The contractorshall gtve wrltten nogce i" iü¿ ðiiv or àll .latms wtttrtn fourteen ir+) caleno-ar clays. ol' tlre occurrence of the evenrs glvlng rtse to tne iturrr, or wlthtn fãurtÀen (14) calenclai days of the date the contractor lcnew or ;hould have known of Lhe facts or events gruing rtsä tå the clalm, whlchever occurs flrst . Any clalnr for d;ñ;"r; ão¿tt¡onat payment for any *uãon, -or extenslon of tlme, whether under thls Agreement or PUBLIC WORKS AGREEMENT . 3 5.a Packet Pg. 65 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A otherwise, shall be concluslvely deemed to have been waived by the contractor unless a timely written clalm is made in strict accordance with the applicable provlsions of thls Agreement, At a minimum, a Conlractor's written claim shall lnclude the informatlon set forth ln subsecLions A, items1through5below, 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. Provide a signed wrltten notice of claìm that provides the followlngANc!ce__of_Çkrl¡1, information I B 1, The date of the Contractor's clalmi 2, The nature and clrcumstances that caused the cTaim; 3,TheprovislonslnthisAgreernentthatsupporttheclêim;4, The estimated dollar cost, lf any, of the clalmed work and how that estimate was determlned; and 5. An analysls of the progress schedule showlng the schedule change or disruption lf the Contractor ls assertlng a schedule change or disruptlon' ßeculïl-å, 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 Clty shall have äccess to any of the Contractor's records needed for evaluating lhe protest' The City wlll evaluate all claims, provlded the procedures in this section are followed, If the CitV ãeiermlnes that a clalm is valid, the City wlll adjust payment for work or time by an uqúttuble adjustment, No adjustment wlll be made for an lnvalld protest' Çp.r.LLracto-r's Duty*Lq-Çgûfp&Ic*grotes[qd-]&-Q-[.K, In splte of any claim, the Contractor shalÌ ffi;ñã[er¡alsandservlcesrequlredbytheCityunder this Ag reement, Lðl.llue-Io-¿ral-qst-çel]åu&üsj¡-Vliìlw.l. By not protestlng as this sectlon provldes' the Contractor also watves anyìit¿itionat enlltlement and accepts from the City any wrltten or òral order (lncludlng dlrections, instructlons, lnterpretatlons, and determination)' Inillrs-ta--EalþrLPL()csûx:e$-C;al1lu$tltl:-l&¡j.Vel. ßy falllrrg to follow the procedures of Lhis G'.ti",.¡, th" CãñtraJror co-nrpletetV watves any clalms for protested work and accepls fromt the Citi any written or oral ordér (lncludlng dlrections, lnstructions, interpretations, and c D E determlnatlon). IX, LIMITATION OF ACTIONS. CONTRACTOR MUST/ IN ANY EVENT, FILE ANY LAWSU]T ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHTN 120 CATENDAR DAYS FROM THE DATE THE CONTRACT WORK I5 COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLATM OR SUIT SHALL BE FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABTE STATUTORY LIMITATIONS PERIOD' X. WARRANTY. Contractc,r warralrts tlrat lt wlll faithfully ancl sotisfaclorlly perform all work pr.ovicleJ u¡rcler.t¡ls Agreement In accorclance wlth the provisìons of tlris Agreement. The Corltractor shall þiån1piry correct all ci'efccts in worknrarrshlp and rnaterlals: (1) rvhen Contractor l<nows or shoulcl have known ót' tne defec[, or (2) upon Contr'ðctor's receipt of notiflcation from the City of the existence or tir.ov.ry of the defect, ln tne event any parts are repalrecl or replaced, only orlglnal replacement parts shall be used-reSuilt or used parts wlll noi be acceptable, Wherr defects are corrected, the warranty for inát portton of the work shall extend for an addliional year beyond the orlglrral warranty perlod appllcable to the overall work, The Contractor shall begln to correct any defects withln seven (7) calendar clays of lts receipt of notice from lhe Clty of the defect, If the Contractor does noL acconrplish the correctlons wilhln PUBLIC WORKS ACREEMENT - 4 5.a Packet Pg. 66 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A a reasonable time as determined by the City, the City rnay complete the correctlons and the Contractor shall pay all costs lncurred by the Clty ln order to accompllsh the correctlon, XI. DISCRIMINATION, In the hlrlng of em¡:loyees for the perforrnance of work under thls ,greement or any sub-contract, the Contractorf its sub-contractors, or ãny person actlng on behall of the cóntractor or sub-conlractor sirall noi, by reason of race, religion, color, sex, ager sexLlal orientation, Àational origin, or the presence of any sånsory, mentalr or physlcal dlsablllty, dlscrlmlnate agalnst any p"tron who ls quallfied and avallable to perform the work to which the employment relates, Contractor shall execute the attached Clty of Kent Equal Employment Opportunlty Pollcy Declaragon, Comply wlth City Adminlstrablve Pollcy 1,2, and upon completlon of the contrôct work, flle the attached Com pliance Statement, xrr, TNDEMI{IFICATION. ContractCIr shall deferrd, lndemnify and hold the city, its offlcers' ofl'iclals, enr¡:loyees, agents ancl volunteers lrarmless fronr any anrl all clalms, injurles, datnages, losses or su¡ti, fÅctucling all leg"al costs ancl attorney fees, arlslng out ot' ol ln conrlecLlon wlth tlre Contractor's þãi.rãr*un.. oî thls Agrccnrent, excopt ioiirrui p'ortton Jr tl'te tnJurles ancl damagcs causecl by tlte city's neg llgence, The Clty's lnspec¡on or acceptance of any of Contractor's work when completed shall not be grounds to avold any of these covenants of indemnlflcatlon, Should a court of competent jurlsdlctlon determine that lhls Agreemenl ls subject to RCW 4,24,Ltit then, ln ure event of llabllity for damages arislng out of bodlly lrrJury to persons or dama-ges to prãperty caused Uy or rãsutHng frorn t'he concurrãnt negltgence of the Contrac[or and the Clly, lts offlcers' offlcials, employees, agents ancl volunteeii, inu Contraltır's duty to defend, lndemnify, and hold tho City harrnlèss, and contractor's llabilrtl,l acciùng fro'" that obllgatlon shall be only to lhe extenl of the Contractor's neg I igence' 1T ÏS FURTI1ER SPECIFICALLY AND ËXPRESSLY UNDERSTOOD THAT THE INDÉMNTFICATION PROVIDÉD HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INÈUsTßTAI' -rllg!s.,[Nç8, TITLE 51 RCW, SOLEty FOR THE PURPOSES OF THIS iNDEMNIFiCATION, THE PARTIES TTRTHE[ Áót<nowle ocr THAT THEY HAVE MUTUALLY NEGoTIATED THIs WAIVER' In the event contractor refuses tender of defense ln any sult or any clainr, if that tender was. made pursuarrt to this lndemniflcation clause, rno rr that refusal ls iubseqr,rently cletermlned by a court having juriscliction (or otnrr àöru*rt trrtrunal) to have been a wrongl'rrl re'fusal oll, thc contraclor's parl, then cclntractor s¡all pay all tlre city's costs roi oel'ense, tnctu¿tig all rcasonable cx¡:ert witness l'ees and reasonable attorrreys,fees, plus ille crly's-i*gJiioril an,l iàei lncurrecl because tlrere was a wiongl'ul refusal on the Contractor's Part, The provlslons of this sectlon shall survlve the explratlon or termlnatlon of lhls Agreement' XIII. INSURANCE. The contractor shall procure and malntain for the duration of the Agreement, lnsurance ot the types and in ilrã amounts à*r.iloào ln Exhlbit IInsert Exhlblt #] altached and lncorporated bY thls reference, xrv. woRK PERFoRMED AT coNTRAcroR's RrsK, contractor shall lake all necessary precautions ancl snaìt bu ¡..uponrlble for the safety of lts employees, age-nts,, and suScontractors in the pertormance of ihe fontract work and slrall uillize all proteciton nå.esuuri for that purpose' All work shall be clone at conLractor,s owtl rtst<, ano cortttr.tor ånatt ue responslble for any loss of or damage to materials, tools, or other artlcles use¿ or held for use in connectlon with the work' XV. MISCELLANEOUSPROVISTONS. PUBLIC WORKS AGREEMENT ' 5 5.a Packet Pg. 67 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A A, ReçyC¡Alile-I{ûtgde¡i, Pursuant to Chapter 3.80 of the Kent Clty Code, the Cliy requires lts contractors and consultants to use recycled and recyclable products whenever practlcable, A prlce preference nray be available for any deslgnated recycled product, B, Non-Waluer gf Sreaçh, The fallure of the ClLy to lnslst upon strlct perforlrance of any of the covenants anA agree'ne'lts contafñeO ln this Agreentent, or to exercise any optlorr conferred by, thls Ãgr.enrent ln onı or nlore lnstances shall not lie construed to lre a waiver or rellnquishnrent of those covenants, agreemenLs or optlons, ancJ the same shall be and remain in full force and effect, c, Rr:s,g[rtiort o[-ÞlsÈtrtes-qncl Go-re-rrlh]g.l.aw, Thls Agreement shall be governed by and construed ln accordance with the laws oftñu state'lr wastrington. lr *,e partles are unable to settle any Uirprru, difference or claim arising from the partles' performance of this Agreement, the exclusive means of resolving that dlsputà, dlfferenãe or ctuim,'snalt onty tle by flllng suit excluslvely under tlre venue, rules and jurrisdiction of ilre l(ng county superloi court, Kihg county, washington, unless the partles agree ln wrlting [o an alternative clispute résolulilon process, tnãny clairii or lawsult for damages arlsing from lhe parges, performance ol'thls Agreemen[, ã.ih party strall páy all its legal costs ancj attorney's fees lncurrecl in ¿eren¿lng or nringing suctr-clatm or'lawsuli, tnclucllng ali appeals, ln additlon to any other recovely or award provided uy lãwi'r¡-evidgql, howevàr, noihing in täts paiagraph shall be construed to limit the ciLy's righl to indemnification uncler Secllon XII of this Agreement' D. lvrltterl N-Qltce, All cornmunicatlons regarcllng thts Agreement.shall be sent to tlre partles at the adciresses tisteoãñltre stgnature page of the Rgieenreñt, unless notlfled to the contrary, Any wrllten nogce hereuncler shall Secomé effective ilrree (¡) bislrress days after the date of maillng by reEisterecl or ce'til,ied rnail, anct s¡all be deemed sufficlently giverr if sent to the addressee at tlie address stated ln thls Agreement oi such other address as may be hereafler speclfled in wrltlng' E. Ass¡çtnmertl. Any asslgnnrent of this Agreenrent by elther party without the written consent of rhe non-arutgnÌãä"îäîy si.'uil u" üoia. If the non-ãsstgntng party gives ltsconsent to any asslgnment, the terms of this Ãgieement shall conilnue ln full force-and' åfte* ãno no further asslgnment shall be made without addltlonal wrltten consent' F. .MffL[Lçðliglf, No walver, alteration, or modlflcatlon of any of the provislons of this Agreement sna¡t-ñ-6lnCIn9 unless in writ¡ng and signed by a duly aulhorlzed representatlve of the clty and Contracfor, G, .r:¡üraÁgl.egxrg[1. The written provlsions and terms of this Agreement, together with any Exhibits attached h;ñt shall supersede all piior verbal statements of any officer or other representatlve ãf tr.,. òtty, and such státements shall not be effecilve or be construecl as enterinç¡ lnto or formlng a parl of or alterlng ln any manner thls Agreement, All of the a[:ove documents ate hereby nrade -a part of this ÂgreemenL, Howeier, snoul¿ any-language in any of the Exhlblts to this Agreement confllct with any lui.tguugà contained in itrts Agreement, fhe terms of thls Agreement shall prevall, H, Ççirp.ti¡u.t*c-e--u/I¡*La!y:i, The Contractor agrees to comply wlth all fecleral, state, and munlclpal laws, rules, ancl regulations that are now effãctive or ln the future become appllcable to Contractor,s buslness, equipmãnt, and personnel engaged ln operatlons covered by thls Agreement or accruing out of the perlormance of those operatlons' I. p¡rþJiSßggAtdåÂç!. The Contractor acknowledges that the Clty ls a pr-rblic agency. subJect to the public necoiOs nct codifiel tn chapter 42,56 of the Revlsed code of Washlngton and docunrents, üotes, emails, ancl other recorcls prep.rred or gathered by the conlractor in lts performance of this nãiãu*.nt nråy ue subject to publli review and ?isclosure, even lf those records are not procluced to or pıssesse¿ by tlie CtLy o? t(ent, As such, the contractor agrees to cooperate fully wlth the ciLy ln satlsfylng i:h* City's cluties and obllgatlons under the Public Records Act' J, Çj--ty_ÐrnilrS,rE_tIECUUC_JþgljiIJr_Cl, Prlor to commerrcing the tasks descrlbed in Section I' Contractor agrees r" p*ft,lt øoii of-a ãun'ãnt clty of Kent buslness llcense pursuant to Chapter 5'01 of the Kent CitY Code' PUBLIC WORKS AGREEMENT . 6 5.a Packet Pg. 68 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A K, Çp-rfn-te.tp¡-flg._Aüd*Etgnaturqs bv Fax or Emalt, Thls Agreement may be executed ln any number of counterparts, each of which shall constitute an orlglnal, and all of whlch wlll together constltute his one Agreement, Further, upon executlng thls Agreemeni, elther party may dellver the slgnature page ,j the other by fax or emall and that signature shail have the same force and effect as lf the Agreenrent bearing tlre original signature was received ln person, IN WITNESS, the parties below execute this Agreement, whlch shall become effective on the last date entered beiow, All acts conslstent with the authority of thls Agreement and prior to its effectlve date are ratlfled and afflrmed, and the terms of the Agreement shall be deemed to have applied. NOTICES TO BE SENT TO: CONTRACTOR: IInsert Contact Name] IInsert ComPanY Name]'insert Addressl ¡Address - Contlnuedl Iinsert Telephone Number](telephone) llnsert Fax Numberl(facslmlle) CONTRACTOR: Byi (slgnature) Prlnt Namel (tiüe) DATE: CITY OF KENTI By (slgnature) Print Name:Da Rel nh llc DATEI NOTICES TO BE SENT TO: CITY OF KENT: [Insert Name of City Rep, to Receive Notlce] ) linsert Phone Numberl(telephone) i ilnrert Fax Numberl(facslmlle) Clty of Kent 220 Fourlh Avenue SouLh Kent, WA 98032 ( 2s3 (2s3 APPROVED AS TO FORM: Kent Law DePartment ATTESTI Kent CitY Clerk PUBLIC WORKS AGREEMÊNT' 7 5.a Packet Pg. 69 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibir A BID DER RESPONSTBILITY CRITERIA Certification of Compllance with Wage Payment Statutes ThÌs certtficatlan ls required by state law (RCW 39,04,350(2)) to be submltted to the Clty before the contract can be awarded, The bidder hereby cerufles that, wlthin the three-year period immediately preceding the bid solicitation date (Insert Date), the bidder is not a "wlllful" violator, as defined ln RCW 49'48'a82, of any provision of chapters 49,46,49,48, or 49,52 RCW, as determined by a final and binding citation and noilce of assessment issued by the Deparlment of Labor and Industries or through a clvil judgment entered by a court of llmited or general Jurlsdictlon' I certìfy under penalty of perjury under the laws of the state of washlngton that the foregolng ls true and correct. Insert Bidder's Business Name Byr 5ígnature of Authorized Official* Prlnted Name I Title l .- Clty and Sta[e: xïf a corporation, proposal must be executed ln the corparate name by the president or vl-c-e- pi:ui¡¿uit (or any otnti cotrporate offlcer accompanled by evidence of authority to sign). If a co- partnershtp, propasal must be executed by a partner, BTDDER RESPONSIBILTW CRITERIA . 1 5.a Packet Pg. 70 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A KENT PAYMENT AND PERFORMANCE BOND TO CITY OF KENT'À¡9,¡rrorox KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, as Principal, and a Corp oration organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the aws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally he d and firmly bound to the CITY OF KENT in the Penal sum of $ together with any adjustmen ts, up or down, in the total contract price because of changes in the co demand we bind ourselves and ou representatives, as the case may be. ntract work,for the payment of whích sum on r successors, heirs, administrators or personal This obligation is entered into in pursuance of the statutes of the State of Washington, and the Codes and Ordînances of the CITY OF KENT. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to a motÎon, duly made, seconded and Passed by the City Council of the City of Kent, King County, Washington,the Mayor of the City of Ken t has let or is about to let to the above bounden P rlncipal, a certain contract,the said contract providing for construction of (which co ntract is referred to hereln and is made a part hereof as though attached hereto), and WHEREAS, the Principal has accepted, or is about to accept, the contract, and undertake to perform the work therein provided for in the manner and within the time set forth I NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully peform all the provislon's of said contract in the manner and within the time herein !ãt fortf,, or within such extensions of time as may be granted under the said ãontrãci, and shall pay all laborers, mechanics, subcontractors and material men, and all p*rsåns wtro shaíl supply the Principal or subcontractors with provisions and iJpiiti.r for rhe carrying ón ôf said work and shall indemnify and hold the clrY oF KENT harmless from any damage or expense by reason of failure of performance as speciried in said contraci or from defects appearing or developing in the material or workmanship provided or performed under'said contract, then and in that event this oUligation shal'l be void; but otherwise it shall be and remain in full force and effect' IN WITNESS WHEREOF, thc instrument under their separate seals. above bounden parties have executed this The name and corporate seal (if required by PAYMENT AND PERFORMANCE BOND Page 1 of 2 5.a Packet Pg. 71 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of lts governlng body, TWO WITNESSES: PRINCIPAL (enter prlnclpal's name above) DATE: BY: TITLE: DATEI CORPORATE SEAL: PRINT NAME DAÏEI SURETY CORPORATE SEAL:BYr DATE: ÏITLE: ADDRESS: CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Asslstant) Secretary of the Corporation named as Principal in the within Bond; that Who signed the said bond on behalf of the Principal Of the sald Corporation; that I know hls signature t Bond was duly slgned, sealed, and attested for and authority of its governing body, SECRETARY OR ASSISTANT SECRETARY tr\Cls\Fôr¡r\Cdiïr.r¡, A.lr.r¡r\¡.dorñrn(.8o¡ddoc PAYMENT AND PERFORMANCE BOND Page 2 of 2 hereto ls genuine, and that said in behalf of said Corporatlon by 5.a Packet Pg. 72 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A sEcrroN 007000 GENERAL CONDITIONS AIA Form A201, General Conditions to the Contract follows and comprises the General Conditions, Section 00700, Should any of the articles or terms of the following document conflict with section 00500, Seotion 00500 shall prevaïl' END OF SECTION I ij : { General Conditions 007000-l 5.a Packet Pg. 73 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) State of Washington Depadment of Labor & lndustries PrevaÍLing Wage Section' Tetephone 360'902'5335 P0 éox 4+S+0, O[YmPla, WA 98504'4540 Exhibit A Page 1 of 18 rti Washingto n State Prevailing Wage The PREVAILING WAGES listed here i nctude both the hourtY wage r ate and the hourly rate of frìng e benefits, 0n pubtic works projects, worker's wage and bene fit rates must add to not tess than this totat. A brfef description of overtjme catcutation requirements are provided on the Bene fit Code KeY, Journey Level Prevailing Wage Rates for the Effective Date: 312812018 T ê Job C ificati w Hotid Kin Ki KI K Kìng Kin King King Kin King Klng King Kín KI King Klng Kln Ki Kln Kin KI Klng Diver's & l'ellt'let's King King TH5Ds46.57Journey Level 5N5ó6.54Journey Levet 1M$55.82 5AJourney Level 1M5As55.82Pointer-Cautker'CleanerB 7F$23,73 55Janitor ZF524,1 I 55TravetingIWaxer/5ham 2F527,23 5sWindow Cteaner (Non Scaffold) ßrritd inp. Servicq, EJ'nployt]g¡ 5S rF$28, 1 3Window Cteaner (Scaffotd)E 1s2?.,74Journey LeveI 5D 4ç$57,1 IAcousticaI Worker 5D 4C557,1 8Bridge, Dock And Wharf Carpenters -(.a¡peltteI! 5A &s57.1 ICarpenter 4C$57,31 5DCarpenters on Starfonary Toots 4C$57.28 5DCreosoted MateriaI 5D 4ç.$57,1 8Ftoor Flnisher 4Cs57,18 5DFtoor Layer 4C$57,1 I 5DScaffotd Erector 7A 1M$s7.21Journey Levelt Þs 4C51 1 0.54 Operator (Not Under Pressure Betl /Vehfcte or SubmerslbteDivnrs fr '[erlclers 5D ¿iL572,97/MasterDive 5upervisor 4C$1 1 0.54 5DDivereï 5D 4C567.e7Diver 0n StandbY 4Cs61.ó5 5DDiver TenderDivers & TenderS 5D 4Cs61.65Manifotd Operator 4C$6ó.65 5DManlfold Operator Mixed GasDivers & Tenderl lp.4C$61,ó5Remote Operated Vehicte Operator/Technlclan Divers [r Tenders hitps ://fbrtress,wa, gov/lni/wagelo okup/prvWagelookup' aspx $57.43 5A 4C 3128120r8 5.a Packet Pg. 74 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3F50.$5ó.44Asslstant 3F$56.00 5DAsslstant Mate DeckhanDredqe Wo-rkets 5D ¡E$56.44Boatmen 5D 3E5s7.51Engíneer Wetder 3F5Ds5B.ó7rauticLeverrnan, HydQredqc Workers 3F5D$5ó.44Mates 3Fs5ó.00 Ð, 1H55ó.78 5DLevet 5P 1E557.43Journey LevelTa 1E5Ls28,99Journey LevetElectriËa[. FEture Ma ln lenance Workers 4E576,e6 7CCabte Spticer 7C 4E582.,24Cabte Sptlcer (tunnet) 4E7C$74,38Certifled WetderEtectricians .Jûsldg 7S 4E579.80litectrìcians - lnslde Certlfled Wetder 4E7Cs39,69Constructlon Stock Person 4E73$71,80Journev Levet 4Es7ó.e6 7çLevel (tunnel 1$15,37Craftsman 1514,ó9Journey Level 4t5A57e.43Cabte Spticer 4ù5A$óe,75Certifled Llne Welder Ð5A$46.28GroundpersonEtectriçlan.s' -Polverllnq ág$ó9.75 5AHeavy Llne EquiPment Operator 4p.5A569.75Journey Level LlnePerson 4D5A$59,01Line Equipment OperatorItg-ctricians' Powertine 4D5As46.28Meter lnstalter 4p5A$6e,75Pofe SpraYerE I ec t rl ci ê r,*-* Powe r[ i n g 4D5A$52.20erpers0nE 1531 .00LeveIJo 4A7D$91,24Mechanlc 4A7Ð$e8,51Mechanlc ln Ch 1ß5B517,72Ctassifications' ln'Factory On Fabricated Precaf t Concrete 1s 15,18Fence Erector 3l7As3e,48LeveI l-Y7L561.81LevelJ Remote Operated Vehicte Exhibit A Page2of18 !w Ki Kin King Ki Kln King Klng King King Ki King Kìng King King King King King King King Kin Kln Klng Ki r(i Ki Kin l(lng https ://forlress, wa, gov/lni/wagelookup/prvTVagelookup'aspx 3t2812018 5.a Packet Pg. 75 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Page 3 of 18 King flqal; [t Frost ltgulftors Ättd Klng Ki Klng Kin 567,e3 5J 4H KÍ K{ Klng Klng King King King King King KI King King KÍn King Ki Ki King Ki KI Ki King Ki Klng King 1Es78, 1 7 7ÍJourney Level 3l7^$48,02Journey Level 1511 ,50Journey Levellndustrial Power' VaFuum 1K$ó1,41 5BBoat 0 5B 1K5só,48Cook 1K58$s7,48Deckhand 1K5B558,81neerDeckhand!ntarr!,!p¡!ïe¡ 1K$ sB. 89 5BLaunch 0perator 5B 1K557,31Matelnlarrd Boatmqn 1$31.4eCteaner Operator, Foamer Operator 1$1 1,50Grout Truck 0PeratorJ$Sec ti od C tea r'ì i ñ s¿5 ery Ò-f Sevler tl Water Svslems ßY L$24,91Head OperatorI nsJ:eclion / Ctean inrì / 59-atinq Oj Sewer €{-Water 9vslsrn.s Bv Remotc" ConLrsl 13'l I 35TechnicianI !sr:ect!Qtr / C t qîn i nq/-S glti îe 0[ 5e,4qr & -Watgr Slsrerns Bv !$zo.+sTv Truck Operator 4C557.1 I 5DJourney Level 7N 10567. BBJourneyman 3l546,57 7AAlr, Gas Or Etectric Vibratlng Screed LaÞor-e.Js 7A 3l548,02Alrtrac Drltl. Op erator 7A 3l54ó,57Baltast Regutar Machine 3t53e.48 7-/.Batch WeighmanLaborers 7^3l546,57Brick Pavers 3l$4ó. s7 aBrush Cutter 7A 3l546,57Brush Hog FeederLaborers 7A 3t546,57BurnerteÞgleË 3t$48,02 7ACaisson WorkerLab¡ßfs 7^3t546,57Carpenter Tender 7A 3l546,57CaulkerLgborqrs 7^3r547,44Cement Dumper.pavlngLaborers 7A 3r$4ó.57Cement Flnisher Tender 74,3lChange House Or Dry Shack 546.57 31546,57 7AChlpping Gun (under 30 Lbs.)LaL¡orer! 3l547.44 7AChtpplng Gun(30 Lbs, And 0ver) Labp[9rs 3l546.57 7AChoker SetterLaborers https ://fortres s, wa. gov/ini/wagelookup/prvWagelookup, aspx 3t2812018 5.a Packet Pg. 76 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3l547,44 7^Cta erPowerLabo_rery 3t7A546,s7CteanLaborer 3t547,44 Aconcrete Dumper/chute 7^3l$46.57Concrete Form SffiPPer 3l7^547.44Concrete Ptacement Crew 3l7Aïtz.uConcrete Saw 0Perator/core Drltter Laborers 3t7A$3e.48Crusher Feeder 3ls46,57 7ALaborer 3l546,57 7^ g nct. Charred motltion: Wrecklng &Lahorers 3l7A546.57Dltch 3t7^548.02ver 3ls47.44 7A I dlamond Dritt OperatorLaborers 3l$4ó.57 ADry Stack Watts 3t7^546.57DumPersonLal¡orers 7^s46,57TechnicianEpoxyLðbar-eji 7A 3l546,57Eroslon ControI Worker 3t7A547,44Fatter & Bucker Chaln Saw 3t$46.57 aFlne Graders 3r7^539,48Firewatch 3t7A546, s7Form Setter 3la$46.57Gablan Basket Bultders 3l7As46.57Generat Laborer 3t7^$48.02Grade Checker & Translt Person 3l7^546,57Grlnders 3r7A546.57Grout Machine Tender 3ra547.44Groutmen (Pressure)l nctuding Poçt Tenslon Beams 3l$4ó.57 7Aardralt Erector 3lAs48.02Hazardous Waste Worker teveI 3l7^547,44Hazardous Waste Worker IBL3Þsrså 3l7A$4ó.57Hazardous Waste Worker c) l-alrorers 3t7^$48.025cater 3t7^547.44Jackhammer 3t7^547,44Laserbeamers 3t7A546,57nce Person 3t7A547,44Manhote Bultder'mudman 3t7A$46.57Materlat Yard Person Exhibit A Page 4 of i8 K1 Ki Chuck Tender King Ki King Ki KI Kìng King King Klng KI King King King Klng KI King King Ktng Kln King Ki Ktng Ki Kin King Klng Kin https ://fortress,wa. gov/lni/wagelookup/prvWagelookup' aspx 312812018 5.a Packet Pg. 77 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3i7^s47,44Nozzteman (concrete PumP, 6reen Cutter When Uslng Cornbination Of High Pressure Alr & Water On Concrete & Rock, Sandbtast, Gunlte, Shotcrete,Water Bla 3l547,4 7APavement Breaker 7A 3r539,48Pitot Car 7A JIs48,02Pipe Layer Lead 3t7^547.44Pipe Layer/taltor 3t7As47.44Pipe Pot Tender 3l7^547,44Retiner 3t547,44 7^Wrapper 7^3r$4ó.57Pot Tender 7A 3t548.02Powderman 3ts4ó.57 7^Powderman's HelPerLaborer! 7A 3ls47,44Power Jacks 3t547,44 7^Raltroad Spike Putter' Power 3t548.02 7^Raker - Asphalt 3r7A$48,02Re-tf mberman!-absraË 11s47,44 7^Remote EqulPment OPerator 7A 31s47,MRigger/signat Persont-abole-r! 3t546.57 7^Rip Rap Person 7A 3l547,44Rivet Buster s47,44 7^1IRodder 3t$46.57 7AScaffotd Erector 7A 3ts46,57Scate Person 3r547,44 7AStoper (over 20") 7A 3ls46.57Stoper Sprayer 7A 3r547,44Spreader (concrete) 3t546,57 7AStake Hopper 7^3l546.57Stock Piter - LaboreL!b 3l547,4Tamper & Stmllar Etectric, Alr & Gas Operated Toots LatroJ"_qts 547,4 7A 3lTamper (multipte & Setf propetted) Laborers 7^3l547.44Timber Person 'Sewer (lagger, Shorer & Crtbber) $46,57 7A 3lToolroom Person (at Jobsite) 3ls4ó,57 7ATopper 7A 3t54ó.57Track LaborerLaborqI! 7A 3ts47.4Track Llner (power)re 3r542,22 7ATrafflc Control Laborer 542.22 7^3lTrafflc Contro[ Supervlsor.l¡þqff! 7A 3l$46,57Truck 5potterLaborçt$ 3t547,44 7ATugger OperatorLaþprçu an-dl Locomotlve Exhibit A Page 5 of 18 Kin Klng Ki Kì Klng King KI Ki King Ki Klng King King Kln Ki lngt( Kin Ki Ki Kin Kln Kin Kin Ki KI Klng Kin K Ki Ki KI https ://fortress.wa, gov/lni/wagelookup/prvWagelo okup' aspx 3t28120r8 5.a Packet Pg. 78 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 74 3l597.63Tunnel Work'Compressed Alr Worker 30.01"44,00 Psi Laborers 3l7^$101.31Tunnel Work-ComPressed Air Worker 44.01"54.00 Psi Labore(s 3l$107,01 7ATunnet Work'ComPressed Air Worker 54.01.60.00 Psl Laborers ZA 31,$109,13Tunnel Work.ComPressed Air Worker 60,01.64,00 Psl Laborers 3t$1 1 4,23 7^Work-Compressed Alr Worker ó4.01.68.00 Laborers 3t't1ó,13 7^Aied rTunnet Work. Worker ó8.01 Laborers 3las118.13Tunnet Work'ComPressed Alr Worker 70,01'72,00 Pst Laborers 3l$tzo.l¡7ATunnet Work'ComPressed Air Worker 77.A1'74'00 Psl Laborers 3t$48.1 2 7.^Tunnel Work'Guage and Lock Tender Laborers 7^3l$+s. t zTunne[ Work'MlnerLaborers ll547.44 7AVlbratorl-alrorers 3t$46,57 AVlnyl SeamerLaþprec 3l7^$35.88Watchman 3t547.M 7AWelder 3l7A5+t,uWetl Polnt Laborer 3l$35.88 aWlndow Washer/cteaner 1r7A546.57Generat Laborer & ToPman 3t7^s47,44Plpe LayerLal¡orels' UtXlgffqgndlgwel e wqler 1$1 3. s6lrrlgatlon Or Lawn SPrlnkter lnstatlers L a r r d s c a pg. Ç-o-tuuugligo L528.17Landscape 0perators Equlpment or Truck Driversta¡¡!:Eape-ça!Ëu-u-ç-Lic{.! I$17,87Landscaping or Ptantíng Laborers 1H5D5só.78JourneyLeveI 1Ms55.82 5AJourney Level 1$1 5.86FÍtter 1s1 1 .50Laborer J.s13,04Machlne 0perator ts1 1.50Painter I$15.48Welder 4ç5D$58.ó8Level 151 1 .56Cablnet 1s1 1 ,56Etectricf an .!511 ,56nt Malntenanceul Exhibit A Page 6 of 18 Klng Laborers 0-30 Klng Klng King Klng King King Klng King King Klng Klng Klng King King Klng KI Ki King Modutar Buitclinel turnber I Work-Compressed Alr s92.7A 3t gq ga 9g !g gg gq gg gg gg gg KI Klng Ki g KI Ki Kln t(l KI nKi f(lng Kln https ://fortress.wa. gov/lni/wagelookup/prvWagelookup'aspx 51 1.5ó ! 312812018 5.a Packet Pg. 79 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Kin Exhibit A Page 7 of i8 King Ki KI Klrt K1 King King King King King Klng King Kf ng King Ki KI Kin Klng Kln King Ki 8P 8P Kin Ki Ki L$11.50duction Worker I511,s6oot MaintenanceModut¿rr ßrrildinqt 1s1 1 .5óuriPerson 1$1 1.5óWelder 2B6Z$41,óoLevel 4C5D$52,37Tender 4C5D$71,35Hyperbaric Worker' Compressed Air Worker 0.30.00 Psl PÍte Driver 4C5D$7ó.35barlc Worker' ressed Air Worker 30.01 - 44.00 Psl HyperPite Driver 5D 4C580.35Hvoerbadc Worker' Cónrpressed Air Worker 44.01 - 54.00 Psl 4C5D$85, 35WorkercHyperbari 54rker 01AWorompressed -ó0.00 Psl Pile Drivgl 4Ç59587.8sHyperbarlc Worker ' Cômpressed Alr Worker 60,01 . 64,00 Psl Pite Driver 5D 4C$92.85Hyperbaric Worker ' Cômpressed Alr Worker 64.01 - ó8,00 Psl Pite Driver &5e4.85 5D - 70.00 Psl Hvoerbaric Worker' Cómpressed Alr Worker 6B'01 Pitg- PriYet 4C5D$e6,85Hyperbarlc Worker ' Compressed Af r Worker 70'01 . 72,00 P5l Piþ Drlver 5D 4C$98,85Hyperbaric Worker' Compressed Alr Worker 72.01 -74,00 PSI Plte D-fiver 4C557,43 5DJourney Levet 79 1ß554.89Journey Level t51 1.50Journey Level 6Z tlG581,ó9JournLevel 3C$60.4e 7^att Ptant erators 7^3C55ó.e0Assistant 3C7^559,96Barrier Machine (zlPPer]- a lc559.9óBatch Ptant OPerator, Concrete&lwer Equii¡ntent.OPeralors 7^3C5s6.e0Bobcat 3E556,e0 7ABrokk - Remole Demolition Equipment 7^3C$5ó,90Brooms 3C55e,9ó 7ABump Cutter 7A 3C$60,49Cabteways _3çs 59,9ó 7AChlpper! aweI-Es!ruüeq!9ågß!9Ë- https ://fortress,wa, gov/lni/wagelo okup/prvWagel ookup' aspx 3128t2018 5.a Packet Pg. 80 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3Cs60.49 7^Concrete Pump: Truck Mount Wlth Boom Attachment Over 42M Egwsr-Esuimsotgper-elqÞ 3C7A$5ó.90Concrete Flnlsh Machine 'laser Screed 7^3Cs59.49 Hi Pressure ncrete Pump' Mounted or ralter Hlgh Pressure Llne Pum Pp@ 7^3Csse.96Concrete PumP: Truck Mount Wlth Boom Attachmenl UP To Power Eqlj Þmç.n t 0P-e.tatorl 3C7^s5e,4ePower Eouiornent ODelatol!Conveyors 3CA562.33Cranes Frictlon: 200 tons and over Poryer Eq$pment 0pglglgË 3ç7^$59,9óCranes: 20 Tons Through 44 ons With Attachments 3E7^561 ,1 0Cranes: 100 Tons Through 199 Tons, 0r 150'0f Boom (lnctudlng Jlb With Attachments Power Eeulf:rnen[ 0Peratols 3CA561.72200 tons" 299 tons, or 250' of boom inctudlng Jlb with attachments fsusl-Enurlrn$!-Apglslsc$ 7A 3E$62.33 wlth attachments Cranes: 300 tons and over or 300' of boom inctudíng Jib Pojver EgtulÞnlent OPel'a tors 1çA560,49Cranes: 45 Tons Through 99 Tons, Under 150'0f Boom (ìnctudlng Jib Wth Attachments) Power E<tulpnìent qoerators 3CA$5ó,e0Cranes: A"frame' 10 Tons An d Under 3C7A561,77 throu sl Frlctlon cranes 199 tons 3C7A$5e,49Cranes: Through 19 Tons Attachments A'frame Over 10 wlrh Tons Power Eq!ip.pgn!-Q.Dg.tgl9$ 3C7As59,e6Crusher 3C7^$59.96Deck Englneer/deck Winches P ojger E qgipnl-e0t 0 oçrqt torq 3C7A$60,49WorkDerrlcks, On Bultdi 3C7^$5e.4eDozers D'9 & Under 3C7As59.4eDritt Oilers: Auger TYPe,Truck Or Crane Mounl PoweI-htüPmq11 t 0Þerâtors 7A 3C$61 .1 0DrlttlnMachlne 3C7A$5ó.90El,evator And Man'[ift: Permanent And Shaft 3ç7As5e.96Bidwet,lMach ne ,Finlshing Siml&IarGamaco Equlpment Sqyer f oUtpment 0pera tff Ki ssor 56.90 Page I o¡ l gExhibit A BP 8P BP BP 8P 8P 8P 8P 8P !P 8P 8P gP BP 8P BP King Klng King King King Ktng King Klng Klng King King Klng Klng King King Ki l(in King King King KI King King 8P gP ge https l/lfortress.wa, gov/lni/wagelookup/prvWagelookup' aspx $5e.49 A 3C 3n\DAl\ 5.a Packet Pg. 81 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) rktlft: 3000 Lbs And Over th Attachments Exhibit A Page 9 of t8 gP 8P gB 8P 8P gP 8P 8P qP 8P 8P 8P 8P ge 8P 8P BP 8P qP Klng KI Ki King l(ing King King King King King King King Kine King King Kin Klng King King Ktng Kíng Kin 3E7A55ó.eoForklifts: Under 3000 Lbs' With AttachmentsPgiyql-LqUilge$.1Qee-r a ro r s 3C7^$s9,eó Prints Cut Sheets Etc Grade Engineer: Uslng BtuePtryer F=çr ui PJll erllQ qe ra t ors 3Cs5ó,90 7AGradechecker/ stakemans 3C7A$59.9óGuardralI Punch 3C7^5ó0.49Hard Tail End DumP ment 45 Yards, & 0ver tating Off' Road E 3C559 , e6 7AHard Tait End DumP Articutatlng Off'road nt Under 45 Yardsur Powel' Llott iDmetrt 0DerÈf ars 7A 3C559 ,49Horizontat/ dlrectionat Dri [t 3C7A559, eóHorizontai / directionat Drl tI OperatorPeusl-&uiDtreÈ-APsIÈIeü 3C$59.49 7AHydrallfts / boom Trucks Over 10 Tons Lll 3C$5ó.90 7^Hydratlfts/boom Trucks, 10 Tons And Under Power ErlU i pnì ç¡L OÞ.er"¿l for,I 7A 3ç$ó1 .1 0Loader, Overhead I Yards. & Over 3C$60.4e 7^Loader, Overhead, 6 Yards. But Not lnctudlng B Yards P owel f-q u I Drnefr t ODera !er-l 3Cs59. e6 7ALoaders, Overhead Under ó Yards Bower Eoulplìren! Qpera Lo.rs 3C$5e.96 7APower Ec u i otlì e nt QpcÌ!:s!!Ql!Loaders, Plant Feed 7A 3C559.4ePower EquiÞmen! QpgI¡-toE Loadersr Etevating TYPe Bett 3C$ 5e. e6 ZALocomotives, At[ 3C559.9ó 7AMateriaI Transfer Devlce 3C$ó1 ,10 7AMechanics, At( (teadmen $0,50 Per Hour Over Mechanlc) Powq:!Iqu iultc'nt 0 nqlôtpl's 3C$oo.¿ç 7AMotor Patrol Graders 3C5ó0.49 7^Mucklng Machine, Mole, Tunnet Dritt, Eorlng, Road Header And/or Shletd Por¡¡er EcrgiQqtent Or:erators $ 5ó,90 7A 3eOit Distrlbutors, Btower Distrlbution & Mutch Seeding Operator Psvyg.Lgrrlu¡cng-qpe.Elsrc 7A 3c5 5e,4eOutslde Holsts (etevators And Mantlfts), Alr Tuggers,strato Power EquiÞmqnt Opernlors .3Cs59,e6 7^Overhead, 20 Tons Th ge Type Craner h 44 Tons Brid roug P"ower Ear.rínnter 561 ,1 o 7^3COverhead, Brldge Type: 100 Tons And Over Power Eotriorlrent ODerators 7A 3C$ó0,4eOverhead, Bridge Type: 45 Tons Through 99 Tons l¡ower Ecl u i I¡r]leI!_QpeI¡ì!o$ 3C$56.90 7^Pavement BreakerP owe r EqJirrmg¡!-.l9.Pgq!S!:! https ://fortress,wa, gov/lni/wagelookup/pivWageiookup' aspx 3t2812018 5.a Packet Pg. 82 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Klng Ki Klng KI King King Kin Ki King le Driver (other Than Crane 5se,e6 7^ Page 10 of 18 3C 8P 8P King BP 8P 8P 8P BP 8P 8P 8P 8P 8P BP 8P 8P Ki King Ktng Kin King Klng KI King King King King King Kin King Ki Ki King BP 3C$se.4e 7APtant Oiter - Äsph alt, Crusher 3C7^s5ó.90Posthote Digger, Mechanlcat 3CS5ó,eo 7APower Ptanl 7^3C55ó.90Power EquiÐrnent 0Þerqlq$Pumps - Water 3C7A560,49Quad 9, Hd 41, D10And Over 3Cs5ó.90 7AQuick Tower' No Cab, Under 100 Feet ln Height Based To Boom Power Eclt¡iplnent QPera [ors s7^560.4e Equlpment Remote Controt OPerator On Rubber Tlred Earth Moving Power Eoulnlnent ODerators 3C7A$5ó.e0And Bettman 3Cs5e.49 aRlgger/SlgnaI Person, Betlman d) Pov¡er Eouioment 0trerntors 7A 3Cs60.49Rottagon 7A 3C$56.e0Power Eouioment 0Þ('tata$Rotter,Other Than Ptant Mix 3C7A$59.49Rotler, Ptant Mfx 0r Mutti'l'lft Materials þrrcr-LcrdJ2ng!!-AggrnlgË 3C559.9ó 7ARoto-mill, Roto'grinder 3ç7As59.49Saws - Concrete 7A 3Cs59,eóScraper, Self Propetled Under 45 Yards 3C$5e,4e 7^Scrapers - Concrete & Carry Att Ppwer Êauipnlent OPer¡toË 3ç7A$60.49Scrapers, Setf'ProPelted: 45 Yards And Overþryet-EquiÞment OæIaþI! 3C559,4e 7^Powel' Eoulnment 0Derato$Servlce Engl neers - EqulPment 3C7A$56.e0Shotcrete/gunlte EquiPmentP ower to ui nment OpeinlQö 3C$5e.4e 7^ovel, Excavator, Backhoe, ractors Under 15 Metrlc Tons PoweL EgulÞmêRt 0ÞeraLorq 3!$60,49 74Shovet, Excavator, Backhoe Over 30 Metric Tons To 50 Metrlc Tons 3CAs59.e6Shovel, Excavalor, Backhoes, ractors: 15 To 30 Metric TonsPgrver ËçlulPnren L 0nerators 3C$61,10 7AShovet, Excavalor'Backhoes: Over 50 Metric Tons To 90 Metflc Tons Power Equlrrnlent OPel'atorl 3C7As61.72Shovet, Excavator, Backhoes: Over 90 Metríc Tons Poryer Eq-u,lÞrnçn t 9pglÀtors 3C7A$60.49Pavers 7A 3C$60.49, Topslder &8q@ 3C7As5e.e6er Trlmmers 3C7A$59.49Tower Bucket Etevators 3C7^$61,10 Hel Base To Boom Tower Crane UP To 175' lnPower Equlrlment oLgrators https ://forfress.wa. gov/lni/wagelookup/prvWagclookup' aspx 3t2812018 5.a Packet Pg. 83 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Page l1 of18 Klng through 250' ln helght, base boom King Klng Ki Klng Klng King Ki Klng KÍng King Klng King King Klng Ktng King King King King Klng Klng King Klng Conveyors Crane: over 175's61,72 u 3E p¡ 8P 8P 8P 8P BP ge 8P 8P qP 8P 8P 8P 8P 8P 8e 8P 8P BP 8P BP 8P Klng 3Csó2,33 bTower Cranes: over 250' ln helght from base to boom Power.EaUlqment Onef atots 3C560.49 7^Transporters, Atl Track 0r Truck Type Powor Ecuinment OperaLoIs 7A tç559.49TrenchingMachlnes 3Cs5e, eó 7^Truck Crane Oiteri driver ' 100 Tons And Over Power Equinrnqnt Oper4tors 3C55e.49 7ATruck Crane 0lter/drlver Under 100 Tons [¡ower Er¡uio¡ì'ìent 0Þel'ätors -- 3Cs59.96 aTruck Mount Portabte Conveyor Powsr Eqr¡ipntent Orlerators 7A 3C560,49Welder 7A 3çs56.90Wheel Tractors, Farmatl TYPe 3C5 5e.9ó 7AYo Yo Pay Dozer 7A 3ç5ó0.4eAsphatt Ptant Operators ¡c5s¿,ço 7^Asslstant EngineerPower Eoulf¿rnen t QÊgn-f.oÊ I 3!5s9.9ó 7APower Eot li rr-rn.en t Qperpglrs' Undersround 9ewer & Wels! Barrier Machine (ziPPer) 3ç55e, eó 7^Batch Plant Operator, Concreteþ:r@ [ln clerc ror,llrd Sewer &--Sla ter $5ó.90 ZA 3CBobcatPowc:l' Eouínnrent 0perators' 7A 3g5s6.90Power Ect¡itl¡¡:tont Olerar0r¡.1 Undefr¿round Sewer & Watef Brokk - Remote Demotltion Equlpment 3C556, e0 7AErooms 7A 3C$ 59,9óBump CutterPower Ecuinrnent ODerat0rs' U n-delcru!¡d-Sewe r &, Wg,!fl $ó0.4e 7^3cCabtewaysPr¡wer Ecr.llr:nìent Ot)etators' JE5 5e,96 aChipperPower E ou i p rn e n t 0 p-er-gtç¡rs-'- 3S$5ó,90 76CompressorI s60,49 7A 3CConcrete Pump: Truck Mount Wlth Boom Attachment Over 42M Powrtr Eouioment Onerators' LJnclersrou¡rd Sewer & Water s56,90 7^3Cconcrete Finish Machlne -laser Screed Power Eouinnlent Or:erators' U 3C559,49 7AConcrete Pump . Mounted 0r Tralter Hlgh Pressure Llne Pump, Pump Hlgh Pressure, Power Eauioment ODer¿ìtors' Urlclercr'ou¡lcl Sc'wer & Water 3CConcrete Pump: Truck Mount With Boom Attachment Up To 42m $5e. e6 7APower EoLrinrnent 0nerators.und@ hltps ://fr:rtress,wa. gov/l ni/wage loo ktrp/plvWagelooi<u¡l' aspx S5e.4e 7^Iç 3t28120r8 5.a Packet Pg. 84 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3C7^$62.33Cranes Frlctiont 200 tons and over Power E quip men!_Qp e&Io!!. U n clo rq ¡:ounçl 5 ewcr-qj{algt 3E7As59.eóCranesr 20 Tons Through 44 Tons With Attachments Powqr Eeuir:ment 0pera!91¡. 3C$61.1 0 7ACranes: 100 Tons Through 199 Tons, 0r 150'0f Boom (lncluding Jib With Power Eoulnment Ooerators' U n rle r glgUi:.d-!gUgl.&l,Vê!el 3C561,72 7^es: 200 tons- 299 tons, or 250' of boom inctuding Jib wlth attachments Pgwer Eqglnnlen I 0pe!¿tors' !¡¡lggrr:urrd Sev¿er & W¿tgJ: 3C7A562.33Cranes: 300 tons and over or 300' of boom lncluding jlb wlth attachments Power EttulPrnent QPerators' Unclerqrolrnçl Sewqr [t Watel 7A 3Cs60.49Cranesr 45 Tons Through 99 Tons, Under 150'Of Boom (lncludlng Jlb Wlth Attachments) Power EcUlr:lnerlt Ooerators' Urule¡gfsr¡!*lçwer & Water 3C7A55ó.90Cranesr A-frame - 10 Tons And Under Powe-lEgliÊltg$-Qpel¿tlg.l' Í, a 3çs61.72Cranes: Frictlon cranes through 199 tons 3Cs59.4e 7A Tons Cranes: Through 19 Tons Wlth Ättachments A'frame over 10 397^s59.e6Crusher 7A 3C$5e.e6Deck Englneer/deck Wlnches (power 3C7^560,49Dericks, On Buitdlng Work 3ç74.$59.4eDozers D-9 & Under U r 3C$5e,4e 7^Dritl Ollers: Auger TYPe'Truck 0r Crane Mount E 3C7A$61,10Drittlng Machine 3Cs5ó,90 bElevator And Man'tlft: Permanent And Shaft TYPe 3Cas59,eóFlnishing Machlne, Bldwetl And Gamaco & Slmitar Eq ent 3C7A$5e.49Forktift: 3000 Lbs And Over Attachments 397^$50.çoForktifts: Under 3000 Lbs' th Attachments 3C7^$59.e6Grade P Engineer: Using Blue Cut Sheets, Etc 3ç7^$56,e06radechecker/stakeman Exhibit A Page 12 of 18 BP 8P 8P BP 8P 8P 8P 8P 8P !P gP, BP 8P 8P 8P 8P 8P 8P 8P 8P 8P King Pq_@ Klng Klng King King Klng Klng Klng Klng King King King King King King King King King King King King https ://fortress.wa. gov/lni/wagelookup/prv'Wagelookup'aspx 312812018 5.a Packet Pg. 85 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Klng uardraiI Punch King King King King King Klng King King King King Klng King King King Kìng King Kf ng Klng King King King Klng King s5e, eó 7A 3C Exhibit A Page l3 of 18 BP 8P 8P BP 8P se BP 8P 8P 8P 8P 8P g8 8P 8P 8P BP 8P 8P 8P 8P 8P 8P BP !çlAs60,4el'lard Talt End DumP icutating Off' Road ment 45 Yards. & OverEquip PslssJ-Egutpllstu-Qut¿I¡lsÊ 7^3E$59.96Hard Tail End DumP t under 45 Yards Off-road Powel' Ect!¡i r:.4ttlfit..Operalols' Undelglqt¡¡dlewel-Éldgle! 3ç$59,4e aorlzontat/directlonaI D ritt Locator 3E7A55e,e6Horizonta[ / di rectlonat Dri l'[ 3C7^55e,49Hydratifts/boom Trucks Over 1 0 Tons 7A 3q55ó.e0Hydratifts/boorn Trucks, 1 0 ons And Underter 7^3C$ó1 ,1 0Loader, Overhead I Yards' & Over 3Csó0,49 7A Bul Not lncludi I Yards Loader, Overhead, 6 Yards 7A 3C$59, eóLoaders, Overhead Under 6 3c$5e,eó 7^Loaders, Ptant Feed 7^:ç559,4eLoaders: Etevatlng TYPe Bett 7^3ç$se.96Locomotlves, Atl r 3Cs 5e.9ó aPower Eclui Pln erl t O-Pera t9ri' Unclersround Sewer & Wq$I Materlat Transf er Devlce 3C561 .1 0 7AMechanics, Att (leadmen ' $0,50 Per Hour Over Mechanic) 3C560.49 7^Motor Patrol Graders 3ç$60,4e 7^Mucklng Machine, Mole, Tunnel Drltt, Borlng, Road Header And/or Shletd $56,e0 7^3C Operator OiI Distributors, Btower Dislribution & Mutch Seedlngtqw.cl.tqi!iûr¡gl:!-8reßþJ5: U n dere rgi,ncl Sew-er tLWa tgt 3C559,49 7AOutside Holsts (etevators And Mantlfts), Air Tuggers,strllo 559,96 a 3COverhead, Bridge TYPe Crane: 20 Tons Through 44 Tons 7A 3C$ot.toOverhead, Bridge TYPe: 100 Tons And Over 3C$ó0,4e 7^ ewer Overhead, Brldge TyPe: 45 Tons Through 99 Tons 3C$56,90 7^ r Pavement Breaker https ://fortress.wa, gov/lni/wageio okup/prvWagelookup' aspx 5 59.9ó 7^3C 312812018 5.a Packet Pg. 86 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 3E$59.4e 7^Power Ecluiornent 0perators- Underqround Sewel & WqIçt Plant 0iter . AsPhatt, Crusher 7A 3Cs56.90Posthote Dlgger, MechanicatPower [ouioment 0Deriltols' 3ç7A$56,90Power PtantPower Ecruinment Ooeratot's' U n del:s Lo-u.! d SeWqL-&-W aleI 7,4 3C$56.e0Pumps"Water 7^3g$60.4eQuad 9, Hd 41, 010 And OverPower Ecuiornent ODerätors' U[d_erqround Sewer & Wäq$ 3C7^$56.e0Qulck Tower - No Cab, Under 100 Feet ln Height Based To Boom Power fqulpment op Underqround Sewer & Water 3C$60.4e 7ARemote Controt OPerator 0n Rubber Tlred Earth Movlng Equlpment Power Eauinment ODerators' Underqround Sewer & WlÍl[ 7A 3C$56.e0Rigger And Bettman 3g$5e.4e 7ARlgger/Signal Person, Betlman {Certified) Power Ç.crtllnment OPç'rators' 3ç7^$ó0,4eRottagon 3C55ó, e0 7APower Eeuip$ent OPeraEtl's' ttndproround Sewer & Water Rolter, Other Than Ptant Mlx 3C7^$5e.49Rotler, Ptant Mix Or Muttl'tlft Materials 3C7^$59,96Power EqulDmeE! OPerators' Underqrouncl Sewer & WaLq-t Roto-mitt, Roto'grlnder 3C$s9.49 7^,Power EquiÞntent OPerators' tinclerpround Sewet' & W-Aler Saws - Concrete 3CZA$s9. e6Scraper, Setf ProPetl'ed Under 45 Yards 3E$59,4e 7AScrapers - Concrete & Carry Att 3C7^$ó0.49Srapers, Self'ProPetled: 45 Yards And Over K7A$5e.4eService Englneers - EqulPrnent 3*C$56.e0 7^Shotcrete / gunite EquÍPment 3C74s5e.49Shovel,, Excavator, Backhoe, Tractors Under 15 Metrlc ons r 3C7^$60.4e 3 c , Excavator, Backhoe: 0 Metrlc Tons To 50 Tons P ower:!.gUi¿CI9¡!-Qæt0.!gtt Úndereround Se-wer ft Water 7A 3Cs5e.e6 Tractors: 1 5 To 30 Metrlc Tons Shovet, Excavator, Backhoes't Page 14 of 1B Exhibit A BP 8P BP 8P 8P gl 8P 8P 8P 8P 8P 8P gP 8P 8P 8P 8P 8f BP 8P 8p 8P Klng Pite Drìver (other Than Crane King King Klng Klng King King Klng Klng King King King King King King King King Klng King Klng Klng Klng King Powqr EqulPlnenL 0Perators: Unäerqrotlnd Sewcr tt Water ge https : //fortress,wa. gov/lniiwagelookup/prvWagelookup' aspx Sot.t 7A 3C 312812018 5.a Packet Pg. 87 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) King King Klng Klng King King King King King King King Klng Excavator, Backhoes; 50 Metrlc Tons To 90 Tons Exhibit A Page 15 of 18 8P 8P 8P 8P ge gB 8P 8P 8P 8P 8P BP 8P 8P 8P gP King King Klng King Klng Klng K'ing Klng Klng Klng KI King Kin 3C7^6 1 72$Shovet, Excavator, Backhoes: Over 90 Metrlc Tons 3ç5ó0.4e 7^Stipform Pavers 3C7^$ó0,49Spreader, ToPsider & Screedman 3Ca55e.9óPower Eqt¡iqFen[ 0l¿eral'ot s' il11.{r.r'orÕurìd Sewel' [t Watel: Subgrader Trlmmer 3C7As5e.49Tower Bucket Elevators 3C5ó1 ,1 o 7^Tower Crane UP To 175' ln Base To Boom a 3C561.7?ower Crane: over 175' through 250' ln height, base to boom Pr¡yyg1fu uiPnlent OPerators' Ún-dcreround Sover €t WateI 3C7A562,33 h from base to boom Tower Cranes; over 250' ln 3E7A$60.4eorters) At[ Track 0r U 3ç55e,49 7^Trenching Machlnes 3ça$5e. eóTruck Crane Oiter/driver' 100 Tons And 0ver 3C7A55e.4eTruck Crane Oller/driver Under 100 Tons 7^3Cs5e,9óTruck Mount Portable 3ç7As60,4eWetder 3ç$56.e0 7AWheel Tractors, Farmalt TYPe 3E7^$ 59. eóYo Yo Pay Dozer 4^s50.02 5Arney Levet ln Charge 4A5As47.43Spray PersonPgf/g| L irìe Ct,3ar¿1rffi #$50.02 5ATree Equlpment OperatorPower Llne C!.eêrance l'rgg 5A 4As+4.64TrlmmerPower Lirre Ctear¡rrce. Tt.ee 5A 4A$33,ó7Trimmer GroundPersonlsws¡-!!eg!@¡çeJles 19577,86 8zJourney Level 1Ms5 5. 82 5AJourney Level Lse8.20Journey LeveI 1572,64JourneY LevelRes i clenti at CeûLet] t S-ô!.or.!-E hftps ://fortress,wa, gov/lni/wagelookup/prvWagelookup' aspx 312812018 5.a Packet Pg. 88 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Page 16 of 18 King Levet Kln King KI Kinc KI Klng Klng King Kìng King KÍ Klng KI King King s42.8ó 5D 4C King Ki King KI Ki KI K1 Kln King Ki Klng Ki 1t$57.43 5PJourney LeveI 1530.44Journey Level 1H7Ls41.05Journey Levet 1526,28Journey LevelSe¡rde$is!-!$ulager I523.03JournLevel J.524.0eJourney Level 1s24,46Journey LevelRes:lde]]l]allainlg$ 1$34,ó9Journey Level l-E$77,8ó 67Residentiat RefligeraliCIn & AjI Condi tlonins Mec164!ç5 Journey Level 1R7F544. s6Journey Levet (Fle(d or ShoP)Rerid-entiaI Sheet ]t{etnl 3J5A547,61Journey Level 5C 2R$46,58Journey Level 1M5A555,82Journey Level 5A Jüs51 .36JournLevet 1521,46Journey LevelßesidenUat Terrazzo /Tite 1s20.00Journey Levet lH5A$51,02LeveIJourney 3H554.02 5AUslng lrritabte Bitumlnous Materlats 1E7f578.17ld orLeveI 1H7M$43.31Boilermaker 29s41,0ó nCarpenter 4BTs42.,07Etectrlclan 4H5J567.93Heat & Frost lnsutator 497T,541.99Laborer ¿-:]li.v:-::iJr-::iæ;Þ Shinbulldins & 5!iP RePqiI 48TI547,00Machlnlst 4Bß.$41.950perator 4BTTs42,00Painter 4BTT$41.e6 4Bns42.05Rigger 48.a$41 ,e8Sheet Metat TI 4B542.05ter 4Bn$41.91rt' 4Bn541.e4Warehouse 4BTIs42.05Wetder/Burner 1522,92Slgn lnstatl,er 1s21 .3óSlgn Maker https :i/fortress.wa. gov/lni/wagelookup/prvWagelookup' aspx 312812018 5.a Packet Pg. 89 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5.a Packet Pg. 90 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 1$33.25Makerlig _Ss!e¡g-t-þ5þIle[s tNqn'. 3J5As47.61Levet I512,44LevelJou 1X9E575.64rney LevelSprinkter Fltters (Fire 151 3.23Journey Level 1M555.82 5ALevet 1$1e,09rney Level 3Cb$5e.4e r Asslstant Construction Site 3C$58,93 aman 7^3C$60.49Construction Slte SurveYor 1522.76Journey Level 2B5A540.52Cable Sptfcer e 295A522,78Hote Dlgger/Ground Personl'eleolrone Line Cqnstructlpl ' 2B5A538,87lnstatter (RePairer)Le ZBs40,52 5ASpeciat Aparatus lnstatler ITeleohorre l.ine Collst'fr'rctigtl' 5A ZBs3e.73Speciat Apparatus lnstaller llTeter¡hone Li[e ConsJruc-tlon .'- 2B540.52 5ATetephone EqufPment Operator ( f ete¡:ho¡e, LÍhe Construction .' 2gÞA537,74etephone EqulPment 2B537,74 ÞATetephone LinePerson 285As21 ,60on GroundPersonTetepholle Line Conttructiqn: 285A$28.68Tetevlslon Lineperson / lnstatter 2954534,1 0Tetevislon SYstem TechniclanTelephone Line Collstftlction ' 0r¡ 285A$30.ó9elevlsion Technician U 285Ä537,74Tree TrimmerTetqÞhons Line -CorlstrqsLion ' 1M$51,3ó 5ALevel 1M5A$51.3óJournLeveI 5A 1Bs42,1 9Finisher n 1K545,43 7AJourney Levet King gn lnstatler Kíng Ktn Ktng Kìng King King Kin King King Kìng King King King King King Klng Klng King King King Kf ng King KI Klng Kf 527,2 1 Exhibit A Page i7 of i8 !8 https : //fortress,wa, gov/lni/wagelookup/prvWagelookup' aspx 3t2812018 5.a Packet Pg. 91 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5D 34$5t.soAsphal,t Mlx To 16 Yards (W. WA-Jolnt Counclt 28) Truck Dilvers $52,70 50 3ATruck Drivers Dump Truck & Traller !g 3A$51 .8óDump Truck (W. WA'Jolnt Counclt 28) Truck Qfjyerj 5D 3A$s2,70Other Trucks (W, WA'Jolnt Counci[ 28) I¡:uck 9riverS 1543,23Translt MlxerTruck Ddygl 1517,71lrrigatlon Pump lnstatterWell Drillers S. lrrlcation PumP lnstatlers !512,97 nn OlierWett Drlllers & lrrlçatÍon Punl.fi lnstalters Wet[ Dritlers & lrri.qation PumP lncfallerc Exhibit A Page 18 of 18 King King Klng Klng KI Klng Klng Klng elt Dritter Mlx Over 16 Yards (W,$sz.5q 3A Counclt 28 $18 8L gt 8L gL L https ://fortress, wa, gov/lni/wagelookup/prvWagelookup' aspx 3t2812018 5.a Packet Pg. 92 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A sEcrIoN 01100 SUMMARY PART 1 - CENERAL 1.1 1,2 SUMMARY A, Section includesl 1. Projectinformation,2, Work by Owner, 3, Future work.4, Purchase contracts, 5, Owner-furnishedProducts.6. Contt'actor-furnished, Owner-installedproducts' 7, Access to site. 8, Coordination with oocuPants, 9, Work restrictions. 10, Specifrcation and drawing conventions. I 1. Miscellaneous provisions, Related Section: L Division 1 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities' 1,3 PROJECT 1NFORMATION l. Renovate the old IT Server room inlo one new ofÍìce area, constructingtwo new walls and a new closet, Scope includes, but is not limited to, selected demolition, new doors and hardware, new metal framing, GWB, Caulking, painting, wood trim, and rubber base all as indicated on the drawings and as required for a completed project, as indicated on the drawings. 1.4 V/ORK BY OWNER General: Cooperate fully with Owner so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner, A A. RELATED DOCUMENTS Drawings and general provisions of the Contract, including General and Supplementary Conditions and olher Division I Specification Sectionsn apply to this Section. B Summary 01 1000 - i 5.a Packet Pg. 93 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 1,5 A, 1,6 A, c. 1.7 A i.8 A. B OWNER.FURNISHED PRODUCTS Owner will furnish products indicated. The Worl< includes receiving, unloading, handling, storing, protecting, and instalIing Owner-furnished proctttcts, Owner-Furnished Products : 1. None ACCESS TO SITE General: Contractor shall have limited use of Project site for construction operations and shall allow the Owner to have continued access to the site for owner's regular operation. Cooperate with Owner during construction operations to minimize conflicts and facilitate Owner usage, Use of Site: Lirnit use of Project site to work in areas agreed upon with the Owner, Do not disturb portions ofProject site beyond those areas, L Driveways, Walkways and Entrances: Keep driveways, parking lots, and entrances serving public clear and available at all tiines, Do not use these areas for patking or storage of materials unless specifrcally indicated on the drawings. a, Schedule deliveries to minimize use of driveways and entrances by construction operations. b. Schedule deiiveries to minimize space and time requirements for storage of materials and equipment on-site, Condition of Existing Building: Maintain portions of existing builc{ing affected by construction operations in an operational condition throughout construction period. Repair damage caused by construction operations. COORDINATION WITH OCCUPANTS Full Owner Occupancy: Owner will occupy site and buitding during entire construction period' i, Maintain access to existing walkways, oorridors, and other adjacent occupied or used facilities. Do not close or obstruct walkways, corridors, or other occupied or used facilities without written permission from Owner and approval of authorities having jurisdiction. 2. Notify the Owner not less than72 hours in advance of activities that will affect Ownm's operations.3. Overhead work and Protections: Contractor shall properly fence in or block off areas where the public could be harmed by the construction effotts, overhead work or falling clebris. Contractor shall be responsible for complying with all WISHA requirements, inoluding safety plans anct fall restaint. V/ORI( RESTRICTIONS Work Restrictions, General: Comply with restrictions ol'l construction operations. 1, Comply with limitations on use of pubiic sreets and other requirements of authorities having jurisdiction, B Summary 0l 1000 - 2 5.a Packet Pg. 94 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 1,9 A. B. c. B. On-Site Work Hours:l. Monday througlr Sunday Hours: 7 AM to 6 PM' C. Controllecl Substances: Use of tobacco products ancl contt'olled substances on the Project site is not pemitted, SPECIFICATION AND DRAWING CONVENTIONS Specification Content: The Specifìcations use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations, These conventions are as follows: l. pnperative mood and streamlined language are generally used in the Specifìcations, The worcls "shall," "shall be," or "shall coinpiy with," depending on the context, are implied where a coion (:) is used within a sentence or phrase. Z. Specification requirements are to be performed by Contractor unless specifically stated otherwise. Division 1 General Requirements: Requirements of Sections in Division 1 apply to the Work of all Sections in the Specifications, Drawing Coordination: Requirements for materials and products identifìed on the Drawings are describ|d in detail in the Specifìcations, One or more of the following are used on the Drawings to identify materials and products: 1, Terminology: Materials and proclucts are identiflred by the typical genericterms used in the individual Specifications Sections. 2, Abbreviations: Materials and products are icientified by abbreviations published as part of the U.S, National CAD Standard and scheduled on Drawings, 3, I(eynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. i,10 MISCELLANEOUS PROVISIONS Daily clean up: Contractor shall clean building interior at the end of each day to level required by the Owner for the next day's operations. Utilìties: Contractor may use Owner's existing power and toilets' PART 2 - PRODUCTS (l'Jot Used) PART 3 - EXECUTION (Not Used) END OF SECTION O11OOO A. B Summary 01 1000 - 3 5.a Packet Pg. 95 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A SECTION 017700 CLOSEOUT PROCEDURES PART 1 . GENERAL I.1 RELATED DOCUMENTS A Drawings and general provisions of the Contract, including General and Supplernentary Conditions and other Division 1 Specifìcation Sections, appty to this Section. 1,2 SUMMARY A,Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: Substantial Completion procedures, Final completion procedures. Wananties. Final cleaning, I.3 SUBSTANTIAL COMPLETION A, Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete with request. 1, Prepare a list of items to be compteted and corrected (punch list), the value of items on the list, and reasons why the Work is not complete, 2, Submit specific warranties, workmanship bonds, maintenance service agreements, final certifrcations, and similar clocuments. 3, Obtain and submit releases permitting Owner unrestricted use of the Work and access to services ancl utilities. Include occupancy permits, operating certiftcates, and similar releases. 4, Terminate and remove temporary facilities from Project site, along with construction tools, and similar elements, 5, Complete final cieaning requirements, including touchup painting' 6. Touch up and otherwise repair and restore marred exposed fìnishes to eliminate visual defects. B, Inspection: Submit a wlitten request for inspection for Substantial Completion, On receipt of requestn Architect will either proceed with inspection or notify Contractor of unfulfilled requirements, Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or aclditional items identified by Architectn that must be completed or corrected before certifìcate will be issued. 1, Reinspectiont Request reinspection when the Work identified in previoLrs inspections as incomplete is completed or corrected' 2, Results of completed inspection will form the basis of requirements for final completion. 1, 2, ? 4. Closeout Procedures 017700 - I 5.a Packet Pg. 96 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 1,4 1.5 A. A D FINAL COMPLETION PLelirninary Procedures: Before requesting final inspection for determining fìnal conpletion, complete tlie following: 1. Submit a final Apptication for Paynient according to Division 1 Section "Payment Ptocedures." Z, Subrnit copy of Architect's Substantial Conpletion inspection list of items to be cornpleted tr corrected (punch list), endorsed and dated by fuchitect' The copy of the list shall state that each item has been completed or otherwise resolved for acceptance' 3, Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems, Inspectíon: Submit a written request for finat inspection for acceptance, On receipt of request, ¿róhitect will either proceed with ïnspection or notify Contractor of trnfulfilled requirements' Architect will prepare a final Certihcate fbr Payment after inspection or will notify Contractor of constructionthat must be completed or corrected before certificate will be issued, L Reinspection: Request reinspection when the Work identified in previous inspectiotts as incomplete is completed or corrected. WARRANTIES Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of wan'anties other than date of Substantial Completion is indicated. partial Occupancy: Submit properly executed warranties within 15 days of completion of designated portíons of the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor. Organize warranty documents into an orderly sequence based on the table of contents of the Project Manual. 1, Bind warranties and bonds in heavy-cluty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch paper, Z, þrovide heavy paper dividers with plastic-covered tabs for eaoh separate warranty, Mark tab to identify the prociuct or installation, Provide a typed description of the product or installation, including the name of the ploduct and the name, address, and telephone number of lnstaller, 3. Identify each binder on the front and spine with the typed or printed title "WARRANTIES," Project name, and name of Contractor, Provide additionalcopies of each warranty to include in operation and maintenance manuals. B B c Closeout Procedures 011704 - Z 5.a Packet Pg. 97 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A PART 2 - PRODUCTS 2.1 MATERIALS À Cleaning Agcnts: Use cleaning materials and agents recomrnended by manufacturer or fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially hazaldous to health or property or that might darnage hnished surfaces. PART 3. EXECUTION 3,1 FINAL CLEANING General: Perlorm final cleaning. Concluct cleaning and waste-l'emoval operations to cornply with local laws and ordinances ancl Federal ancl local environmental and antipollution legulations, Cleaningl Employ experienced workers or professional cleaners for änal cleaning, Clean eaclt surface or unit to condition expected in an average commercial building cleaning and maintenance progrânl. Comply with manuf'acturer's written instructions' 1, Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: A. IJ ^Clean Pro.ject site, yard, and grounds, in areas disturbed by construction activities, including landscape clevelopment areas, of rubbish, waste material, litter, and otlier foreign substances, Sweep paved areas broorn clean, Remove petrochemical spills, stains, and other foreign deposits. Remove tools, construction equipment, machinery, ancl surplus material from Project site. Clean exposed exterior and interior harcl-surfaced fìnishes to a dirt-free condition, free of stains, fìlms, and similar fbreign substances. Avoid disturbing natural weathering of exterior surfaces. Restore reflective surfaces to their origirral condition. Remove debris and surface dust from limited access spaces, including roofs, plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces, Sweep concrete floors broom clean in unoccupied spaces, Clean windows and frames. Remove glazing compounds and other noticeable, vision-obscuring materials, Replace chipped or broken glass and other clamaged transparent materials, Polish mirrors and glass, taking care not to scratch surfaces, Remove labels that âre not permanent. Touch up and otherwise repair and restore marrecl, exposed finishes and surfaces. Replace finishes and surfaces that cannot be satisfactorily repairecl or restored or that already show eviclence ofrepair or restoration, Wipc sLrfirces of mcchanical and electrical equiptticnt ancl similar equiprricnt. Rcnrove excess lubrication, paint and mortar <lroppings, and other {ìrrcign substançes, Leave Project clean and ready for occupancy. b, c. d, f. o¿r' h. k. Closeout Procedures END OF SECTION O177OO 017700 - 3 5.a Packet Pg. 98 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A sEcrIoN 017820 OPDRATION AND MAINTENANCE DATA PART 1 - CENERAL 1.1 RELATED DOCUMEN]'S Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division I Specifrcation Sections, apply to this Section, 1.2 SUMMARY A.Section includes aclminisfative and procedural requirements fbr preparing operation and maintenance manuals, including the foliowing: 1. Operation manuals for systems, subsystems, and equipment. 2. Product maintenance manuals, B.Related Sections: 1, Divisions 2 through 34 Sections for speciflrc operation and maintenance manual requiretnents for the Work in those Sections' 1.3 DEFINITIONS Systemt An organized collection of par1s, equipment, or subsystems united by regular interaction. Subsystem: A portion of a system with characteristics sirnilar to a system' 1.4 CLOSEOUT SUBMITTALS A,Manual Contentl Operations and maintenance manual content is specified in individual specification sections to be reviewed at the time of Section submittals, Submit revier.ved manual content formatted and organized as required by this Section. Where applicable, clarify and update reviewed manual content to correspond to modifi cations and freld conditions. B Format: Submit operations and maintenance manuals in the following format: L Two paper copies and one PDF electronic version. Include a complete operation and maintenance clirectory. Enclose title pages and directories in clear plastic sleeves, Make con'ections to manual as directed by the Architect. A A, B. Operation and Maintenance Data 0t7820 - 1 5.a Packet Pg. 99 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A PART 2. PRODUCTS 2,1 PRODUCT MAINTENANCE MANUALS A, Content: Organize manual into a separate section for eaclt product, material, and fìnish, Include source information, product information, maintenance proceclures, repair materials and sources, and warranties and bonds, as described below, B. Source Information: List each product included in rnanual, identifred by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone numbet of Installer or supplier and maintenance service agent, and cross-refbrence Spedification Section number and title in Project Manual and drawing or schedule designation or identifier where applicable, C, Product Information: Include the following, as applicablel Product name and model number. Manufacturer's name, Color, pattern, and texture. Material and chemical compositíon. Reordering information for specially manufactureci products, D. Maintenance Procedures: Include manufacturer's written recommendations and the followingl l, Inspectionprocedures, 2, Types of cleaning agents to be used and methods of cleaning. 3, List of cleaning agents ancl methods of cleaning detrimental to product, 4. Schedule for routine cleaning and maintenance, 5, Repairinstructions, E, Repair Materials and Sources: Include lists of materials and local sources of materials and related services, F, Wananties and Bonds: Include copies of warranties and bonds and lists of circumstances ancl conditions that woulcl affect valiclity of warranties or bonds. 1, Include procedures to follow and required notifications for wananty claims. PART 3. EXECUTION 3.1 MANUAI- PREPARATION A. Operation ancJ Mainlenance Documentation Directory: Prepare a separate manual that provides an organized reference to emergency, operation, and maintenance manuals, B. Product Maintenance Manual: Assernble a complete set of maintenance clata indicating care and maintenance of each producto material, and finish incorporatecl into the Work' C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance dáta indicating operation and maintenance of each system, subsystern, and piece of equipment not p¿rt of a system, l. ) 4, 5. Operation and Maintenance Data 417820 - 2 5.a Packet Pg. 100 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A D. E. 1. Engage a factory-authorized service representative to assemble and prepare information for each system, subsystem, and piece of equiprnent not part of a system. 2, Prepare a separate manual for each system and subsystem, in the fonn of an instructional manual for use by Owner's operating personnel' Manufacturers' Data: Where ¡nanuals contain manufacturers' standard printed data, include only sheets pertinent to proclnct or component installed, Mark each sheet to identify each product or .b*pon"nt inðorporated into the Work, lf data include more than one item in a iabular format, identify each item using appropriate references from the Contract Documents. Identify data applicable to the Work and delete references to information not applicable' 1. Prepare supplementary text if manufacturers'standard printed data are not available and whåre the ínformation is necessary for proper operation and maintenance of equipment r:r systems, Cornply with Division 1 Section "Closeout Procedures" for schedule for submitting operation and maintenance documentation. END OF'SECTION Operation and Maintenance Data 0i7820 - 3 5.a Packet Pg. 101 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A SECTION 133419 MODULÄR BUILDING SYSTEMS PART 'I . CENERAL 1.I RELATED DOCUMENTS A.Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section, t,)SUMMARY Section Includes: 1. Manufacture of modular buildings 2, lnstallation of modular buildings. A. 1.3 COORDINATION Coordinate with the City the location of building(s) and connection of the utilities to the building. 1,4 PREINSTALLATION MEETINCS A. Preinstallation Conference: Conduct conference at Project site, B Review methocis and procedures related to installation of building(s) including, but not limited to, the following: 1. Style and requirements for the modular building supports. Z. Cðnstn¡ction schedule. Verify availability of materiats and erectot's personnel, equipment, and facilities needed to make progress and avoid delays, 3. Required tests, inspections, and certifications. 4, Uniavorable weather ancl forecasted weather conditions ancl impact on the construction schedule, 1.5 ACTION SUBMITTALS A Product Datar For each type of modular building system component, 1. Include construction detaiis, material descriptions, climensions of individual components and profiles, and finishes fbr the following: Building floor Wall construction A. a, b, Modular Buildin g Systems 133419 - 1 5.a Packet Pg. 102 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Thermal i rrs ulation and vapor-retarcier facin gs, Personnel cioors and frames, Windows, Roofìng Material, Electrical and HVAC systems. B, Shop Drawings: Indicate components by others, Include full building plan, elevations, sections, details and the followingl 1. Building supports including seismic bracing, 2, Structural-Ëräming Drawiñgs: Show complete fabrication of primary and seoondary frarning; include provisions for openings. a, Show provisions for attaching stairs, service walkways, and platforms, 3, Accessory Drawings: Include cietails of the following items: a, Flashing and trim, b. Gutters. c, DownsPouts, d, Service walkwaYs, C. Door Schedule: For doors and frames. Use same designations indicated on Drawings, Include detai ls of rei nforcement, I , Door l--larclware Schedule: Include details of fabrication and assembly of door hardware, Organize schedule into door hardware sets indicating complete designations of every item required for each door or opening, Z. I(eying Schedule: Detail Owner's final keying instructions for locks. Include schematic keyingdiagram and index each key set to unique door ciesignations, D. Detegated-Design Subrnittal: For metal building systems. l. I¡clude analysis data indicating compliance with performance requirements and design data signed and sealed by the qualified professional engineer responsible for their PreParation, c, d, e. f. ct r,6 t.7 A. B C. A. INFORMATIONAL SUBMITTALS Qualifi cation Data: For manufacturer, I nstal ler Certificates : For qual i fìed i nstaller, from manufacturer. Sample Warranties: For special warranties, CLOSEOUT SUBMITTALS Maintenance Data: For ftxtures and equiprnent, Include maintenance manuals, Modular Builcling Systems 133419 - 2 5.a Packet Pg. 103 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A I.8 QI.JALITY ASSURANCE A, Manufacturer Qualifrcations: A qualified manufacturer, Accreditation: Manufacturer's facility accredited according to the requirements of the State of Washington, Engineering Responsibility: Preparation of comprehensive engineering analysis and Sltop Drawings by a professional engineer who is legally qualifìed to practice in jurisdiction where Project is located, B Installation Qualifrcations: An experienced installer who specializes in installing work similar in rnaterial, design, and extent to that indicated for this Project and who is acceptable to manufacturer. Contractor shall be licensed in the State of Washington to provide work described herein, Contractor shall also obtain a City of Kent business license. i,9 DELIVERY, STORAGE, AND HANDLiNC Deliver components, and other manufactured items so as not to be damaged or clefortned.A. 1.10 FIELD CONDITIONS A Weather Limitations: Proceed with installation only when weather conditions permit according to manufacturers' written i nstructions and warranty requirements' WARRANTY Provide a Warranty on windows, electrical systems, HVAC systems, and roofing, 2 1,11 A, PART 2 . PRODUCTS 2.1 MANUFACTURERS A.Manufacturers: Subject to compliance with requirements, the following are acceptable; L Modular Building Manufacturers: Modern Building Systems Design Space Modular Builclings Pacifi c Mobile Structures Moclular Genius Mod Space Approved Equal a, h d. e, f, Modular Building Systems 133419 - 3 5.a Packet Pg. 104 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 1'.)SYSTEM DESCRIPTION Pr.ovicle and installa cornplete, integrated set of mutually dependent components and assemblies that form a modular building system capable of withstanding structural and other loads, thermally induced movement, and exposure to weather without failure or infiltration of water into buiiding interior. Provide the necessary foundation supports and seismic connections to meet the State ancl City of Kent building codes. A 1 Contractor shall bee the minimum construction and design requirements as descl'ibed below: g,Codes- The Contractor shall meet all applicable codes for modular units and the following: ADA -Americans with Disabilities Act IBC - international Building Code, current edition IPC - International Plumbing Code, curent edition WAC 296-l SOC Commercial Coaches IMC - International Mechanical Code, current edition IFC - International Fire'Code, current edition NEC - National Electrical Code, current edition Washington State Energy Code b, Exterior Walls Provide 2x6 walls at 16" O.C. Provide all blocking t0 accommodate interior partitions and equipment installations, c, Insulation l) The Contractor shall provide and install insulation for walls, roof and floor as required by the Washington State Energy Code. Materials should be free of. Red List, http://l i vin g- future'org/redl ist i n gredients' d, Exterior Doors and Hardware r) 2) 3) 4) 5) 6) 7) 8) r) 2) 1)Two (2) exterior doors shalt be installed on same side of unit, See drawing for location, Doors to be insulated tnetal doors with metal ft'ames Door hardware shall be meet modular building supplier standards, Locks and latches shall be by the same manufacturer and shall be Corbin, Best Access or Schlage, and shall accept'Best' cores to be provided by the City of Kent, 1) Provide white vinyl windows as shown on drawings, 2) 3) 4) e. Windows Modular Building Systems 133419 - 4 5.a Packet Pg. 105 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 2) Winclows shall be 48" X 48" double paned insulated horizontal sliders meeting the Waslrington State Energy Code, Glass to be tel'npered where required by code, f, Roof g. 1) Provide and install composite shingles with minimum twenty (20) yeaL wârranty. 2) Overhangs and gutters above doorways to allow adequate drainage for roofrng system supplied. Subfloor l) Provide a minimum %T&G plywood subfloor w¡th tight seals throughout âs specified in WAG 296-150C, h, Flooring 1) Install Carpet tile meeting requirements of WAC 296-150C. Mannington or equal, No cracks or missing base will be allowed, Flooring shall be,securely adhered down to subfloor. 2) lnstall 4" rubber base. Color selected by Owner from standat'd colors. Exterior Siding & Skirt 1) Install exterior siding per requirements of WAC 296150. Panel can be either Smart Panel or Hardi-Panel. Textured surface. 2) Paint exterior with one coat of primer and two coats of finish acrylic satin sheen, Color selected by Owner from stanclard colors. 3) Provide continuous painted skirt around building perimeter Interior Walls 1) Provide interior 16" O,C., 2x4 walls as shown on drawings, Interior partitions to be insu¡lated for sound, 2) interioL wall surfaccs to be finislled with vinyl coated gypsum wallboard. t. L Interior Ceilings 1) Interior ceilings to be 2'x4' acoustical T-grid ceilìng tile. Armstrong or equal. Interior Lighting 1) Provide 2x4LED trough lighting as shown on drawings, 2) Provicle light switching for each room, Exterior Lighting 1) Provide exterior LED lighting as shown, Lighting to be Lithonia or equal, Provide photo sensors, n, Tie Downs m. Modular Building Systems 133419 - 5 5.a Packet Pg. 106 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 1) Provicle seismic tie downs as required by the builcling codes for the City of I(ent, o.Stairs and Ramps l) Provide stairs, ramps, and landings as shown on drawings. Provide handrails as required. Ramps to meet ADA requirements, p, Mechanical Units 1) Provicle and instatl wall tnounted gas/electric unit, Equipment to be Bard wc3s2 step capacity Gas/ Electric, Provide all parts and supplies fbr a cornplete i nstallation, 2) Provicle overlread ducted supply & return w/ plenurn wall, 3) Provide digital thermostat controls with setbacks assuring climate control at 70 degrees, plus/minus 2 degrees. 4) Equipment shall be Energy Star rated and meet Washington State Energy Code. q. Electrical I ) Provide a 200 amp electrical service. 2) Provide Appleton Generator Power Receptacle ADJA20034200RS or equal with 200 Amp Non fused manual transfer switch, Ealon DT224URI( or equal. 3) All wiring to be bx cabling or wire in emt conduit, 4) All circuits to be 20amp or larger as required, 5) Atl electrical services shall be connected as a total unit. 6) Outlers and equipment shall be labeled with panel desigantions and circuit numbers. 7) Provide receptacles as shown on drawings, 8) Provide clata backboxes and smurf tube pathways for data cabling by others' All pathways to terminate in the ceiling space above tire T-bar grid. 9) Provide trenching, conduit, bacl<fi11, and restoration for secondary wiring from PSE tt'ansformer, Coordinate installation with PSE, B. Design requirements Design Snow Loacl: 25 lbs/sf Design Wind Load: 85 mph Seismic Zone: B Soil Bearing Capacity: 1,500 psf C. Permitting Manufacturer/installer shall provide and submit all drawings, calculations, and information necessary to obtain a building permit from the City of Kent, Documents shall include but are not limited to: a. Washington State L&l approved trailer coustruction plans, 1 2 3 4 Modular Building Systems t33419 - 6 5.a Packet Pg. 107 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A b. Drawings and structnral calculations certified by a structural engineer for tlre foundation system, tie downs, and for the stairs and ramps, c, GeneralManufacturer'slnstructionsd, Printed instructions for delivery and installation indicating any special procedures or perimeter conditions requiring special attention for installation. D, lnstallation 1, The Contractor shall provide and set blocking and leveling and connect the trailer units. 2, Tlie office trailer shall be weather tight when joined, with all interior ancl exterior joints sealed. 3, The Contractor shall remove tongue and tires to be stored under the unit. 4. Contractor shall provide and install tie down materials, skirting, stairs and ADA ramp components, 5. The Confactor shall connect the trailer to power and gas as located on drawings, Owner will apply and pay for PSE service connection, Contractor to acquire all necessary installation permits, 6. Tlie Contractor shall provicle all necessary materials, including all labor, equipment and incidentals required for completion of the trailer installation, 'l , Contractor to províde connecting fencing around new mo<lular building as shown, E. Acceptance The trailer shall have insignia of approvai from Washington State Department of Labor and Industries. 2.3 ADJUS'I'iNO Doors: After completing installation, test ancl adjust doors to operate easily' free of warp, twist, or distortion. Door Hardware: Adjust and check each operating item of door hardware and each door to ensure proper op.ruiion and function of every unit, Replace units that cannot be adjusted to operate as intended, _ Windows: Acijust operating sashes and ventilators, screens, harclware, and accessories for a tight fit at contact" poinis and ã weather stripping to ensure smooth operation and weathertight closure, Lubricate hardware and moving parts, CLEANING AND PROTECTION Remove and replace glas.s that has been broken, chipped, cracked, abraded, or damaged during construction period, Touchup Painting: After erection, promptly clean, prepare, and prime or reprime field connectiotts, rust spots, and accessories. Doors and Frames: Immecliately after installation, sand rusted or darnagecl areas of prime coat until srnooth and apply touchup of compatible air'clrying primer. A. B, c ')^ A. B, C. Modular Building SYstems 133419 -7 5.a Packet Pg. 108 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A D, E l. Immedìately before final inspection, remove protective wrappings from doors and frames, Windowst Clean metal surfaces immediately after installing windows, Avoid damaging protective coâtings and finishes. Remove excess sealants, glazing materials, dirt, and other iubstances, Clean factory-glazed glass immediately after installing windows. Louvers: Clean exposed surfaces that are not protected by temporary covering, to remove fingerprints and soii during construction period, Do not let soil accumulate until frnal cleaning' l, Restore louvers damaged during installation and construction period so no evidence remains of conective work, If results of restoration are unsuccessful, as determined by Architect, remove damaged units and replace with new units, ^. Touch up minor abræions in finishes with air-dried coating that matches color and gloss of, and is compatible with, factory-applied frnish coating' END OF SECTION 133419 Modular Building Systems 133419 - 8 5.a Packet Pg. 109 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibir A $pcTIoN p23114 CHAIN LINK FENCES AND GATES PART I - GENERAL 1.1 RIII,ATEDDOCIJMENTS A.Drawings and general provisions of the Contract, including General and Supplernetitary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: Chain-link fences, Swing gates, Barbed wire Housing for card reader B Related Requirements: l. Section 033000 "Cast-in'Place Concrete" for cast-in-place concrete post footings. 1.3 ACTION SUBMITTALS A Product Data: For each type of prociuct. l. Inclucle construction details, material descriptions, dimensions of indiviciual components and profìies, and fÌnishes for the following: a. Fence and gate posts, raíls, and frttings. b, Chain-link fabric, reinforcementsn and attachments' c. Gates and hardware, 1.4 A. I 2 4 B Shop Drawings: For each type of fence and gate assembly. 1. Include plans, elevationsn sections, cletails, and attachments to other work. 2, lnclude accessories, hardware, gate operation, and operational clearances' FIELD CONDITIONS Fielcl Measurements: Verify layout infonnation for chain-link fences and gates shown on Drawings in reiation to property survey and existing structures, Verify dimensions by field measurements, Chain Link Fences & Gates 323n4 - 1 5.a Packet Pg. 110 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A al PART 2. PRODUCTS A, CHAIN-LINI( FENCE FABRIC Generall Provide fabric in one-piece heights measured between top and bottom of outer edge of selvage knuckle or twist accoiding to ;CLFMI Product Manual" and requirements indicated below: 1, Fabric Height: 6' high as indicated on Drawings. 2, Steel Wire for Fabric: Wire diameter of 0,120 inch. a. Mesh Size: 2 inches b, Polymer-Coated Fabric, Color: Black, accorcling to ASTM F 934' 3, Selvage: Twisted top and knuckled bottom' 4, 12" of barbed wire at toP, ))FENCE FRAMEWORK A, posts and Rails: ASTM F 1043 for framervork, including rails, braces, and line; terminal; and corner posts, Provide members with rninimum dimensions and wall thickness according to ASTM F 1043 based on the following: 1. Fence Height: 72 inches, 2. t-ight-lndustrial-Strength Material tr. Line Post; 2.375 inches (60 mm) in diameter minimum, b. End, Corner, and Pull Posts: 4.0 inches. Horizontal Framework Members: Intermediate, top and bottom rails according to ASTM F 1043, a, Top Rail: l.ó6 inches (42 nm) in dìameter. Brace Rails: ASTM F 1043. Metallic Coating for Steel Framework: a, Type A: Not less thatr minimum 2,0-oz,/sq. ft, (0.61-kg/sq. m) average zinc coating aðcording to ASTM Al23lA 123M or 4.1-oz,ßq, ft, (1,22-kglsq. m) zinc coating according to ASTM A653lA 653M, b, Type B: Zinc with organic overcoat, consisting of a minimum of 0,9 oz./sq, ft, (0,21 kg/ìq, m) of zinc after welding, a chromate conversíon coating, and a clear, verifiable polymer lilm. c. External, Type B: Zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq. ft. (0,2i kdsq, m) of zinc after welding, a chromate conversion coating, and a cleat, verifïable þolymer film, Internal, Type D, consisting of 8l percent, not less than 0,3- mil- (0,0076-mm-) thick, zinc-pigmented coating, d. TypeC: Zn-S-AI-MM alloy, consisting of not less than 1.8-oz./sq. ft, (0'55- kg/sq, m) coating. e, Coatings: Any coating above. J 4 5 Chain Linl< Fences & Cates 323114 -2 5.a Packet Pg. 111 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Polymer coating over metallic coating, a. Color: Black, according to ASTM F 934. 2,3 SWING GATES A. General: ASTM F 900 for gate posts and single swing gate types. Gate Leaf Width: 36 inches Framework Member Sizes and Strength: Based on gate fabric heiglit, Provide security panels to prevent unauthorized entry from the outside. B. Pipe and Tubing: Same as fabric framing. C, Hardware l. Hingesr l8O-degree outward swing, 2, Latch: Panic hardware, Von Duprin 98 series or equal, Provide housing for electric strike, Electric strike by others. Provide security panels at hardwareto pr€vent unauthorized entry from the outside. 6 I 2 3 )¿. A, B. c, D. FITTINGS Provide frttings according to ASTM F 626. Post Caps: Provide for each post. 1, Provide line post caps with loop to receive tension wire or top rail Rail and Brace Ends: For each gate, corner, pull, and end post, Rail F'ittings: Plovide the following: 1, Top Rail Sleeves: Pressecl-steel or round-steel tubing not less than 6 inches (152 rnm) long. 2, Rail Clarnps: Line and corner boulevard clarnps for connecting intermediate and bottom rails to posts. E, Tension and Brace Bands: Pressed steel. F. Tension Bars: Steel, length not less than 2 inches (50 mm) shorter than full height of chain-link fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless fabric is integrally woven into post, G. Tie Wites, Clips, and Fasteners: Accorciing to ASTM F 626. H, Barbed Wire Arms: In compliance with ASTM F626, pressecl steel galvanized after fabrication, minimunrzinccoatingof 1.20 oz,lfÊ (366{m2),capableofsupportingavertical 250lb(113 kg) load, fType I - three strand 45 clegree (0,785 rad) arm] [Type II - three strand veftical arm] lType ill - "V" shapecl six strancl arm] Chain Link Fences & Gates 323114 - 3 5.a Packet Pg. 112 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 2,5 BARBED WIRE Metallic Coated Steel Barbecl Wire: Comply with ASTM 4121, Design Number 12-4'5-14R' clouble l2-Yz gauge(0,099 in,) (2.51 mm) iwisted strand wire, with 4 point 14 gauge (0,080.in.) (2.03 mrn) roin¿lbuiUr spaced 5 inches (127 mm) on center. Match-coating type to that of the òhuin linkfubric. <12-4-5-14R is specifrcally designed for chain link fence applications> <InseÉ material coating specification including type and class when applicable> 1 , Coating Type Z- Zinc-coated: Strand wire coating Type Z, Class 3, A.80 oz|ft' (254 g/m')' barb coating 0,70 ozJft' (215{m'1} PART 3 - EXECUTION 3,1 3,2 3.J À B. EXAMINATION Examine areas and conclitions, with Installer present, for compliance with requirements for earthwork, pavement work, and other conditions affecting performance of the Work, l. Do not begin irrstallation before final gracling is completed unless otherwise permitted by Architect. Proceed with installation only after unsatisfactory conditions have been corrected, PREPARATION A. Stake locations of fence lines, gates, and terminal posts, lndicate locations of utilities, lawn sprinkler Sy5tem, underground structures, benchmarks, and property monuments. CHAIN-LINK FENCE INSTALLATION A, Install chain,link fencing according to ASTM F 567 and more stringent tequirements specifiecl. 1, Install fencing on established boundary lines inside property line' B. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in frrm, undisturbed soil. C. Post Setting: Set posts in concrete at indicated spacing into fìrm, undisturbed soil' 1, Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in position during setting with concrete or mechanical devices. 2, boncrete Fiill Place concrete around posts to dimensions indicated and vibrate or tamp for consolidation, Protect aboveglound porlion of posts fì'otn concrete splatter, D, Terminal Postst Install terminal end, corner, and gate posts accot'ding to ASTM F 567, E, Line Posts: Space line posts unifonnly at 96 inches o,c, Chain Link Fences & Gates 323114 - 4 5.a Packet Pg. 113 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Post Bracing and Intermediate Rails: Install accorcling to ASTM F 567, maintaining plunib position and alignment of fence posts, Diagonally brace terminal posts to adjacent line posts r.vith truss rods and turnbuckles, Install braces at end and gate posts and at both sides ofconter and pull posts. 1, Locate horizontal braces at midheight of fabric, G. Top Rail: Install accorcling to ASTM F 567, rnaintaining plumb position and alignment of fence posts. Run rail continuously through line post caps, bending to radius for curved runs and terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts, Provide expansion couplings as recommended in writing by fencing manufacturer. H. Intermecliate and Bottom Rails: Secure to posts witlr fittings. l. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1-incli (25-rnrn bottom clearance betweeu frnish grade or surface and bottotn selvage unless otherwise indicated, Pull fabric taut ancl tie to posts, rails, and tension wires, Anchor to framework so fabric remains ttnciet' tension after pulling force is released, J. Tension or Stretcher Bars; Thread through fabric and secure to end, cornero pull, and gate posts, with tension bands spaced not more than 15 inches (380 mm) o,c, K. Tie Wires: Use wire of proper length to firmly secure fabric to line posts ancl rails. Attach wire at one end to chain-link fabric, wrap wire around post a minitnutn of 180 degrees, and attach other encl to chain-link J'abric according to ASTM F 626, Bend encls of wire to minitnize hazarcl to inclividuals and clothing. 1, Maximum Spacing: Tie fabric to line posts at 12 inches (300 rnrn) o.c, and to braces at 24 inohes (610 mm) o,c. 3,4 BARBED WIRE INSTALLATION Bar.bed Wire: Stretched taut between terminal posts and secured in the slots provided on the line post barb anns, Attach each strand of barbed wire to the terminal post usittg a brace .band. <lndicate type of barb armn Type I, 1l oL III and clirectioti [inward] loutward] for installation of Type I arm. > 3,5 GATE INSTALLATION lnstall gates according to manufacturer's writtett instructions, level, plrrmb, and sectlre for fLrll opening without interference, Attach fabric as for fencing, Attach hardware using tamper-resistant oi conðealed meâns, Install grouncl-set items in concrete for anchorage, Acljust harclware I'or smooth operation, A 3,6 ADJUSTINO Cates: Adjust gates to operate snroothly, easily, and quietly, fi'ee of binciing, warp, excessive cleflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire operational range, Confrrrn that latches and locks engage accurately ancl securely without forcing or binding, A F Chain Link F'ences & Cates 323114 - 5 5.a Packet Pg. 114 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A B, Lubricate hardwat'e allct other moving pat1s. END OF SECTION Chain Linl< Fences & Gates 323t14 - 6 5.a Packet Pg. 115 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A SECTION 334100 SITI' UTILITIES PART 1 - CENERAL l.l General: PART 2. PRODUCTS 2.1 General A. B. Relatecl Documents: The General Conditions and the Supplementary Conditions shall apply to the work specifìed in this Section. Description of Work: The work of this Section shall include all labor, materials ancl equipment required to complete the Site Utitities work as shown on tlte Drawings and as specified herein. Work lncluded: The work of this Section shall include, but is not limited to the following; Asphalt cutting, Trenching, bedcling and backfilling for conduit for power and gas line. Gas line installation Secondary electrical power conduit installation, Asphalt patching, Quality Assurance: 1. Specifìcations: References in these Specifications to the "Standard Specifications" shall mean the current Standard SpeciJìcationsþr Roads, Bridge, and Municipal Construction,by the Washington State Depaffment of Transportation and the American Public Works Association as adopted by the City. Alt construction work shall be performed in accordance with the latest edition of tlie Standard Specifrcations, All iterns in the Standard Specifications relating to payment, change orders claims, lime and the like are not applicable to this contract, Submittalsl Submit four (4) copies of manuf'acturer's data on all required piping and conduit materials prior to staft of construction, c. L ) 4, D E. B All matelials shall be delivered in sound condition. Care should be taken to protect any exterior coatings and linings during allphæes of the work, Place no material of any kind inside any piece of pipe or fitting during handling, storage or transit. Materials shall be stored in a protected area, Any damaged item shall be repaired, as directed, if in the opinion of the Architect can be made; otherwise, the damaged section shall be replaced at the expettse of the Contractor, Site Utilities 3341 00-l 5.a Packet Pg. 116 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A C. 2,2 Materials: PART 3 - EXECUTION 3. 1 General: 3.2 Trench Excavation: A AII conduit systems shall be constructed from the materials shown and to the lines, grades and dinrensions shown, Where not sliown, the conduits shall be locatecl to avoid interfel'ence with other features or utilities, 'l'renching & Backfi lling: L Bedding Material: Shall be clean sand/gravel mixture free frotn organic mattet' and confonning to section 9-03, 1 2(3) of the Standarcl specifìcations, 2, Trench Backfill: a, Trench Backfrll: Shall be naturally occurring or screenecl gravel, essentially free from varioLls types of wood waste or other extraneotls or objectionable materials conforming to Section 9-03,19 of the Standard Specifications. b, Material shatl be obtained fì'om required excavations or other Contractor i'urnished sotlrces approved by the Alchitect. Storrn Drainage system: All methods ancl materials shall meet City Standarcls ancl the cun'ent "KingCounty Surface Water Manual Design Manual", unless otlierwise approved, anã as indicated on the clrarvings, If in conflict, tire City standards and requirements shall apply. B A B c D Coordination: Coorclinate all utility installation and connections with appropriate utility companies and the City. Patching of street crossings, sidewalks, curbs and gutters, asphalt or concrete shall be in accordance with the Standard Specifìcations and City Standard Plans, All conduit or piping and fittings shall be installed in strict ¿tccordance with rnanufacturet's'recommendations, the drawings, these specifications, and in the best commercial trade practice, Any special tools required for laying, jointing, cutting, etc', shall be supplied and ploperly used. All pipe or conduit shall be thoroughly cleaned before laying and shall be kept clean until accepted in the completed work and when laid, shall conform accurately to the lines and gracles given. At all times during pipe or conduit laying operations, the ffench shall be kept free ofwater. ln case defects are revealed by inspection, the C<¡ntractol shall replace the clefective pieces and shaÌl bear the expense. Compaction: References in these specifications to specifìc percentage values for required compaction of soils are a percentagc of the maxitnum dry density as defined and deteimined by the American Society of Testing and Materials (ASTM), Designation D- 1557, The Owner will engage the services of an approved testing laboratoly to verify that the compaction density percentages specifred herein have been achieved, Site Utilities 334 l 00-2 5.a Packet Pg. 117 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A A, B. All trench excavation work shall be in strict accordance with Division 3 1, Earthwork and Trench Safety, and as follows, Excavate trenches to indicatecl gradients, lines, depths, and elevations, a. Beyond building perimeter, excavate trenches io allow installation of top of pipe below frost line of I 8" ifno other grades are indicated, b. Excavate trenches to uniform widths to provide a working clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher than top of pipe or conduit, unless otherwise indicatecl i, Clearance: l2 inches (300 mrn) on each side of pipe or condt¡it, ii. Trerrch Bottoms: Excavate trenches 4 inches (100 mrn) deeper than botto¡n of pipe elevation to allow for bedding course, Hand excavate for bell of pipe, Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other unyielding bearing material to allow for bedding course. 3.3 Trcnch Backfill: A. D E F. c B. c, Place and compact bedding course on trench bottot¡s and where indicated, Shape bedding course to provide continuous $upport for bells, ìoints, and banels of pipes and forjoints, fittings, and bodies ofconduits, Backfill trenches excavated under footings and within 18 inches (450 mm) of bottom of foolings; fiI1 with concrete to elevation of bottom of footings' Provide 4-inch- (100-mm-) thick, concrete-base slab support for piping or conduit less than 30 inches (750 mm) below surface of roadways. After installing and testing, completely encase piping or conduit in a minimum of 4 inches (100 mm) of concrete before backfitling or placing roadway subbase, Place and compact initial backfìll of subbase material, free of particles larger than I incli (25 rnm), to a height of 12 inches (300 mm) over the utility pipe or conduit. Carefully compact material under pipe haunches and bring backfill evenly up on both sicles ancl along the full length of utility piping or conduit to avoid damage or displacement of utility system, Coordinate back{illing with utilities testing. Fill voids with approved backfilt materials while shoring and bracing, and as sheeting is removed. Place ancl compact finalbackfillof satisfactory soilmaterialto fìnal subgrade. Revise tape depths to suit offìce practice. Trenches shall not be backfilled until measurements have been made for the as-builts. H Site Utilities 3341 00-3 5.a Packet Pg. 118 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A t rI c It t II I I i . : a '. I 3,4 3,5 J, Patch æphalt with equivaient depth of æphalt and crack seal edges. END OF SECTION 334100 Site Restoration: Upon completion of all work the site shall be cleaned up and restored to a condition equal to oi better than that existing prior to start. All debris shall be removed and disturbed earth shall be compacted, As-Builts: Contraotor shall provide one set of accurate red lined drawings indicatinges'bullt condition of all of the work.- Said æ-builts shall be delivered to the City prior to 100% pay application, ) site utilities 334100-4 5.a Packet Pg. 119 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) ST]OP TACiLI îY \ICDULAR BTJILDII\G ExhibitA óüÀlER Ápa_ut1tr-Î Pá@44ËæIEãg-FIC EXHIBIT A M Shtu!ryVoùB{Éq ffi Ð18 s !s ctñGgl NÁIãffiruCTl.ÆR Påt Prlks, ÊêJ4, tu.€ga bLM wt2Ìel2,t &-bØ++Fãøçeøw ?aff 134ù Á6 *Atu^& Wfêl 29¡ g-ffi GENËRAL ÑOTEg SCAPE OF UJORK RtlM.þtudeø vtclNliY l'íAP ABBREVIÁTION9 @"*@ffiã€) KEY ¿ TIlLE /¿4'r\wr<(t--** ,/ ,\ \-æ*. E*&l ffi-ø¡¡Æ¡€l DRAI1JING IN'EX SITE ADDRESS ¿ LtrGAL DESCRIPTION T¿X,ÂccCUNT N|l|l3ER GS U:Éftrt æÞ ffiuft¡æ¡.¡â 5.a Packet Pg. 120 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n l:;. r_l_il_l ExhibitA EW r\'r': ' JAMES STREET vv4a' 1 íi",, I i I I tl II it |ir lr \ LEffis[ k|.4WBúü4 sÉì b rıÀ9. úiE sß MJ ,,j' ,¡ìI \l l-t Ittt riì tgr ! I '-i----- _r ì l-- -- ----1. ,a' : i-' -- T--^- l- f1rlß&t FLÁTJ NOTES lÈ *æ-.æF* lP ¡æ'ø'*F-x¡B lP ñã*Eþ¡øtdr r ;{ãøJ6ùiéåæ..''i):È qr ^-¡Ð", ]jl :,: ..,. .. .. " 3I1E PL.AN .'\ô 5.a Packet Pg. 121 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n ExhibitA L=¿EtÞ e¡æ4É.æ, ,-ô¡@.r.xi w ffi @16 $ \q l::ìx Þ ruæmelñ@e¿ættct:ã ¡uæil'ÁæY¡ffirêÞs-REFLECTED CEILING PLANr.i:irc ô tuÞfdv@hiHimQlS.&¡t N XÊæFffiIHæE Õ 5;!igPE r=*fj, . {D I -{*' ¿ / / / ^ì ô --'- þ ¿ l t o / ó / / t) b b ¿ r Frcæ&æærtu-læffi,..Fæe ÆE-a**-// - 9_ \ü 1, ìiì *-r _ffi 1 I I i' I I i 5.a Packet Pg. 122 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n Exhibit A @ ffi Ll.,EgT ELEV,4TION E,49T ELEVATION 3OüTI-J ËLEVATION ü{,ffi &qr. slt $ Æ$râEô .ATiON NCRTH ELEVAÎION W*ßå:::*x¡¡ "..- -".l.r R.4IL FV,ATiCN 5.a Packet Pg. 123 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n EXHIBIT A CITY OF KENT KING COUNTY, WASHINGTON Request for Blds Kent Shop Facility Modular Building BIDS ACCEPTED UNTIL October 2nd, 2018 2:00 p.m. Bid Opening Immedlately Following AT CITY OF KENT CENTENNIAL CENTER BUILDING Facilities office, 400 West Gowe, Suite 106, Kent, WA 98032 Nate Harper Project Coordinator KENT WAsHtNotoN BIDDER'S NA de"or'd i sô #qÉ 5.a Packet Pg. 124 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CONTRACTOR'S QUALIFICATION STATEMENT (RCW 39.04.350) THE CITY WILL REVIEW THE CONTRACTOR'S ,RE.SPONS¿"S TO THIS FORM TO DETERMINE WHETHER THE BIDÐTNG CONTRACTORIS.R.E'SPON^'/B LE TO PERFORM THE CONTRACT WORK. THIS FORM RNSUIRES CRITERIA ESTAßLTSHED BY STATE LAW AS WELL AS ST]PPLEMENTAL CNTERIA ESTABLISHED BY THE CITY THAT ARE APPLICABLE TO THIS PUBLIC WORKS PROTECT, THE BIDDER SHOALD READ AND RESPOND TO THIS FORM CAREFULLY, Indicia of contractor's responsibility inherently involve subjective determinations as to the contractor's ability to perform and complete the contract work responsibly and to the owner city's satisfaction. The city has an obligation and a duty to its citizens and its tâxpayers to administer its budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise the type of inquiry and discretion a business would conduct when selecting a contractor who will be responsible to perfomr the contract work. The city's supplemental criteria are based, in large part, on the qualifîcation statement form used by the American Institute of Architects. The city provides these criteria so as to provide the most objective framework possible within which the city will make its decision regarding the bidder's aUltity to be responsible to perform the contract work, These criteria, taken together, will fbrm the basis for the city's decision that a biddcr is or is not responsible to pcrform the contract work. Aly bidder may make a formal written request to the city to modify the criteria set forth in this quálification statement, but that request may only be made within 48 hours of the clate and tirne that tüe biddcr first obtains the bid documents or three (3) business days prior to the scheduled bid operring date, whichever occurs frrst, If the city receives a modifïcation request, it will consider any informãtion submitted in the request and will respond before the bid submittal deadline, If the city's evaluation results in changéd criteria, the city will issue an addendum establishing the lìe'w or modified criteria. If the city cletermines that, based on the criteria established in this statement, a bidder is not responsibíe to perfonn the contract work, the city will provide writteu notice of its detennination thaì will incl¡de the city's reason for its decision, The bidder has 24 honrs from the tirne the city delivers written notice io thc bidder that the bidder is not responsible to perform the coutract work to appeal the city's cletermination, No appeals will be received after thc expiration of the 24 hour uppåát period. The city may deliver this notice by hand dclivery, email, facsimile, or regular mail. mì¡e event the city uses regular mail, the delivery will be deemed completc three days afterbeing placed in the U.S. Mail. The bidcler's right to appeal is limited to the single retnedy of providing ihe city with additional infonnation to be considererl before the city issues a frnal determinatiotr. Biddei acknowledges and understands that, as provided by RCW 39.04,350, no other appeal is allowed ancl no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is uot responsible to perfomr the contract work, If the bidder faiis to request a ruodification within the tirne allowed, or fails to appeal a clctennination that the bidàer is not responsible within the time allowed, the city will make its determination of bidder responsibility basecl on the itiformation subrnitted. Contractol''s Qualifìcatiotts Statement 002100 - I 5.a Packet Pg. 125 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A COMPLETE AND SIGN TTTIS FORM AS PART OF YAT]R BID, FAILURE TO PROPERLY COMPLETE THIS FORM MAY ALSO RES(ILT IN A DETERMINATION TIIÁT YOUR BID /S NO/V./T¿-SPONSIVE AND THEREFORE VOID, THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The undersigned certifïes under oath that the information provided herein is true and suffrciently complete so as not to be misleading. SUBMITTED BY ir.K ,'t NAME:Qr l4 s s ADDRESS: I {çO 'Í orA u¿s¡-,r* qrio t't1 Pou,(- PRINCIPAL OFFICE: ADDRESS: PHONE: FAX: I J 1 ,{ q 3 Pa,4+r û-a ol frl o I 13 2ç tact . 6?27 STATUTORY REQUIREMENTS 1.1 Provide a copy of your certifîcate of registration in compliance with chapter 18,27 RCV/. 1,2 Provide your current state unifiecl business identifrer number 1,3 Provide all applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employrnent security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. 1.4 Provide a statement, signed by a person with authority to act and speak for your company, that your company, including any subsidialy companies or affrliated companies under majority ownership or under control by the owners of the bidder's company, are not and have not been in the past three (3) years, disqualified from bidding on any public works contract under RCW 39,06,010 ot 39,12.065 (3), ORGANIZATION 2.1 How many years has your organization been in business as a Contractor? t',How many years has your organization been in business under its present business nanre? Contractor's QualilÌcations Statement 002 100 - 2 5.a Packet Pg. 126 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 2,2,1 Under what other or former names has your organization operated? 2,3 If your organization is a corporation, answer tlie following: 2,3,1 2.3.2 2,3.3 2.3.4 2.3.5 2.3.6 Date of incorporation: State of incorporation : President's name: Vice-president's name(s): Secretary's name: Treasurer's name: 2.4 If your organization is a partnership, answer the following: 2.4,1 Date of organization: 2.4.2 Type of partnership (if applicable): 2.4,3 Narne(s) of general partner(s): 2.5 If your organization is individually owned, answer the following: 2.5,1 Date of organization: 2,5,2 Name of owner: 2,6 Ifthe fonn ofyour organization is other than those listed above, describe it and nanre the principalsl 3. LICENSING 3.1 List jurisdictions anci trade categories in which your organization is legally qualified to do business, and indicate license nuntbers, if applicable. 3,2 List jurisdictions in which your organization's partnership or trade name is fïled' 4, EXPERIENCE 4,1 List the categories of work that your organization normally performs with its own forces, 4.2 Clairns and Suits, (If the answer to any of the questions below is yes, piease attach details.) 4,2.1 Has your orga¡ization ever failed to cotnplete any work ¿lwarcled to it? 4,2,,2 Are i¡c¡e uriyiudgn1.nts, ciaims, arbitration proceeclings ar srtits pending or outstancling agairtst your orgartization or its officers? 4,2,3 Has your Jrganizarión frled any law suits or reqttested arbitration with regard to construction contracts within the last five years? 4,3 V/ithin the last five years, has any offïcer or principal of your organization ever been an offrcer or principal of another orgarrization when it failed to colnplete a constructio¡ contract? (If the answer is yes, please attach details.) Contractor's Qualifìcations State¡nent 002100 - 3 5.a Packet Pg. 127 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A On a separate sheet, list major constructíon projects your organization has in progress, giving the name of project, o\ryner, architect or design engineer, contract alnount, percent complete and scheduled completion date. 4,4,1 State total worth of work in progress and under contract: On a separate sheet, list the major projects your organization has cornpleted in the past five years, giving the name of project, owner, architect or design engineer, contract amount, date of completion and percentage of the cost of the work performed with your own forces, 4.5.1 State average annual amount of construction work performed during the past frve years: On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. 4,7 On a separate sheet, list your major equipment. 5, REF'ERENCES 4.4 4,5 4.6 5.1 5.2 5.3 Trade References: Bank Ref'erencos: Surety: 5.3.1 Name of bonding company: 5.3,2 Name and address of agent: 6. FINANCING 6.1 Financial Statement After bid opening, the City may require the following financial information from any of the three apparent low bidders. If so required, the selected bidder(s) must respond with this financial information within 24 hours of the City's request for that information. The City's request for this information shall not be construecl as an award ol'as an intent to award the contract, A bidder's faìlure or refusal to provide this information may result in rejection of that bidder's bid, ó.1.1 Attach a frnancial statement, preferably audited, including your organization's latest balance sheet and income statement showing the following items: Current Assets (e.g,, cash, joint venture accounts, accounts receivable, notes receivable, accrued incorne, deposits, materials inventory and prepaid expenses); Net Fixed Assets; Contractor's Qualifications Statement 002100 - 4 5.a Packet Pg. 128 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Other Assets; Current Liabiiities (e.g,, accounts payable, notes payable, accrued expenses, provision for incoure taxes, advances, accrued salaries and accrued payroll taxes);Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus and retained earnings). 6,1.2 Name and address of frrm preparing attached financial statement, and date thereof: 6.1.3 Is the attached fînancial statement for the identical organization named on page one? 6.L.4 If not, explain the relationship and financial responsibility of the organization wirosc fînancial statement is provided (e,g., parent-subsidiary). 6,2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? 7. SIGNATURE 7,1 Dared at rhis i tlt oay or Oc{"r 20t( Name of Organization:oler ß (¡,slt t lL;r.ikrrl tVt)l ^ By: Title:A 5a Maaa N?tL, $tat€ of WA County of ßlng Signoture NotLtrY Commission ExPlnt HARSH KALRA NOTARY PUBLIC STATE OF WASHINGTON COMÀ,IiSSION EXPIRES ocToBER 29,202A Contractor's Qualifìcations Statement 002100 - s 5.a Packet Pg. 129 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A ^-tz\L- nnIG' MOITERN EUILIIINE 5Y5TEM5, lNE. Thc Smø,rt Chobe..," GENERAL INFORMATION Founded in 1971, Modern Building Systems, lnc. has been providing complete, award winning, turnkey packages, including design and engineer¡ng, to property and business owners looking for cosþeffective construction of single and multi-story buildings. For professional offices and medical clinics, convenience stores and service stations, motels and lodges, classrooms, sales otfices, storage units and more, Modern delivers customized, quality, environmentally friendly building solutions. Our objective is a satisfied customer whose building needs have been met. Modern Building Systems, lnc, was incorporated and has been doing business since December 1971, and is the oldest continuously licensed manufacturer in Oregon. During these operating years, our company has been active in all phases of construction, including designing, engineering, manufacturing, marketing and planning services for its customers. Our management team; of fifteen professionals have a combined total of over 200 years of construction management experience. Modular construction offers significant savings over traditional, site-built construction. Units and components are factory-built allowing construction to occur during any season. Our units are installed quickly, saving time and reducing costs. Earnings and cash are generated earlier from being able to open for business sooner, The complete turnkey project, with Modern Building Systems, lnc. experienced management team, mean fewer project management or multiple resource management headaches. The manufacturing facility and office are located on 37 acres approximately 12 miles east of Salem, Oregon. The site is strategically located, being only 3 miles from Highway 22 for ease of travel east and west, Nearby lnterstate l-5 provides for travel north and south. The close proximity of Portland's docks facilitates export of manufactured products. The site also has access to rail, Current operations use approximately 25 acres of the total 37 acres, Total square footage of the buildings is 230,000 square feet. Modern Building Systems, lnc. uses approximately 60,000 square feet for manufacturing modular buildings, 30,000 for panelized and component manufacturing and the balance for precutting, warehousing and material handling or is leased to others. The corporate headquarters office space is 6,000 square feet. 16 acres of storage yard, graveled for receiving, assembly and storage space is used. The balance of building space and acreage will be used for future expansion as our customer's needs increase and to maintain timely delivery schedules. Equipment consists of overhead cranes, forklifts, saws, trailers, compressors, pneumatic tools, etc, required to fabricate our products. 5.a Packet Pg. 130 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A The company's products include single and multi-story offices, duplexes, motels, clinics, classrooms, minimum security prison space, and single-family dwellings throughout Oregon, Washington, ldaho, Northern California, Alaska... and now internationally. Our company has earned an excellent reputation for customer service and quality built structures. The two basic products currently manufactured at this plant are components and modular buildings. Components are defined as two-dimensional building parts such as wall panels, floor decks, roof decks, etc. The wall panels consist of the frame studs, exterior siding and windows. The interior surface is usually without electrical, plumbing and trim. The components are assembled at job site into a building shell. Modules are three-dimensional units complete with wiring, plumbing, heating, and interior finish. The only job site work is the trim and utility connections at the module joints. The number of modules varies with building size and the modules can be joined side-by-side, end-to-end, stacked and can have different widths and lengths, Modular and component construction can be combined in a single project. When a custom modular building is complete, generally they appear to have been site-built and are permanent facilities, Modern Building Systems, lnc. became involved in the B.R.A.G. (Business Recycling Awards Group) program to help conserve resources by reducing waste, recycling and buying recycled products, Modern Building Systems, lnc. is distinguished as an "advanced program member for our extra efforts of involvernent, The Marion County Board of Commissioners gave us the "Recycler of the Yea/' award. Modern Building Systems, lnc,, was the recipient of the Department of Energy SBIR grant to researCh and develop more energy etficient Modular Buildings. The grant órovided for research on several prototype buildings that will be monitored over several years. Modern Building Systems, lnc. received numerous awards/plaques through the Modular Building lnstitute " Awards of Distinction Program"' There have been awards, which iñclude a 4-story dormitory constructed in Kotzebue, Alaska and an office building located in Portland, Oregon, Our company was awarde.d two first place prizes ánd one honorable mention for modular projects and marketing pieces completed. One of the most prestigious awards given by Automated Builder was awarded to Modern Building'Systems, lnc, for "Excellence in Portable Classroom Design"' Based on endorsements from our employees and area businesses the Salem Area Chamber of Commerce recognized lVlodern Building Systems as its "Employer of the Year," As evidenced by the fact that over 60% of our business is from repeat customers, Modern Buildiné Systems, lnc. believes that providing service and support beyond the customers expêctations is paramount to future success. ln addition, to further assist and provide the added support, Modern Building Systems, lnc. hired an additional Service Coordinator to facilitate projects. 5.a Packet Pg. 131 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A MANUFACTURING LOCATION Mailing Address: P,O. Box 110 Aumsville, OR 97325 Street Address: 9493 Porter Rd Aumsville, OR 97325 HYPERLI NK http ://www. mbs-modular,com www.mbs-modular,com FINANCIAL REFERENCES BANKING: Wells Fargo Bank, Commercial Banking Office, 580 State Street Salem, OR 97301 Contact: Bruce Breitling Phone: (503) 945-2396 Fax: (503) 945'2311 BONDING: Anchor lnsurance & Surety, lnc. 100 CenturyTower, 1201 SW 12th Ave., Portland, OR 97205 Contact: Phil Forker (503) 224-2504 Modern Building Systems, lnc, is currently a member of the following associations Modular Building lnstitute National Association of Home Builders Cascade Employers Association National Federation of lndependent Business World Trade Center - Portland, Oregon Oregon Building Officials Association U.S. Chamber of Commerce Western Oregon lnternational Trade Council Salem Economic Development Corporation Salem Chamber of Commerce Stayton Chamber of Commerce The American lnstitute of Architects MBSI provides support for the following partial list of organizations: 20 Years of continuous support for 4H & FFA Association of Christian Schools lntl. Administer school tours of facilities Coalition for Adequate School Housing Student lnterns & Work study at the High Washington Association of School Admin, School & College level Oregon School Boards Association Aumsville Corn Festival Citizens for Evergresn Schools Salem Ballet Association Special Olympics Confederation of School Ad ministrato rs Girl Scouts of America 5.a Packet Pg. 132 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A MANAGEMENT TEAM 2OO2 JAMES L. RASMUSSEN - PRESIDENT Mr. Rasmussen directs the day{o-day operations for the firm. He holds a Bachelor of Science Degree in Financial Management from Oregon State University with over 15 years in Contract Administration and construction management in commercial construction. He holds various licenses in California, Oregon and Washington. He is a current member of the Creekside Rotary, has served as chairman of the board of the Salem Economic Development Corporation and is a board member of the Modular Building lnstitute, the national association for commercial modular producers. Mr. Rasmussen is an author of numerous trade journal articles as well as a frequent guest speaker at conventions and forums. He serves on the Construction Skills Training Technology Advisory Committee for Chemeketa Community College and is a member of Salem Chamber Executive Leadership Council, Mr. Rasmussen participates as a mentor for Graduate Students in Willamette University's Atkinson Graduate School of Management. Mr. Rasmussen has been an officer since 1989 and is a 50% shareholder in the company, KENNETH A. RASMUSSEN P.E, . VICE PRESIDENT Mr, Rasmussen is a Professional Engineer in Oregon, Washington, California, Nevada, ldaho, Alaska and Hawaii. He has over 20 years engineering experience in the public and private sector. Ken has a degree in Engineering from Portland State University, He oversees the Design and Engineering Department, manufacturing process, quality control, and facilities management. Ken is a member of Sta¡on Rotary and he serves on several committees for charitable fundraising events. He has hosted severaltrade missions and cultural exchanges from arouñd the world. Mr. Rasmussen has been an officer of the company since 1994 and is a 50% shareholder. KËNNETH MERO . VICE PRESIDENT - SALES Mr. Mero joined the company in 1995 to coordinate project sales. Ken has a áácfreloré Degree in Busineås Administration from Southern Oregon State College' His backgrouñd includes over ten years experience selling / leasing and managing modularfiuilding projects, Ken haô managed over 1000 buildings in a lea.se fleet in Seat¡e, Washingion, ne is currently responsible for the marketing and sales functions of the ıompany; including estimating and forecasting. Ken is also responsible for the deveiopment and growth of MBS Leasing, which iq th-9. renial/leasing division for the company. Mr, Mero serves on the board of the Modular Building lnstitute and coaches Little League Baseball. SHELLY BAUGHMAN - SALES/LEASING COORDINATOR Shelly joined Modern Building Systems, lnc. in 1994. With over nine years in the moUiieirnodular industry, Shelty-has taken on a variety of duties, including: 5.a Packet Pg. 133 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A marketi ng/advertising, trade shows p romotions, customer assistance, stream li n i ng otfice procedures anð the training of otfice employees. ln 1995, Shelly moved into the Sales/Leasing Department añd ¡s currently responsible for the scheduling and coordination of lease building deliveries and installation. STEVE HAYS - SALES/LEASING COORDINATOR Mr. Hays joined the sales and leasing department in March of 2002. Steve has been marketing modular buildings for four years and has 17 years of sales experience, Hié sales background includes multiple line insurance and products for peiroleum contractors. He has a bachelor's degree in telecommunications and film from the University of Oregon. KATHARINA LINGEMANN.SMITH - SALES/LEASING COORDINATOR Mrs, Lingemann-Smith joined Modern Building Systems, lnc. in August of 2001 as part of the sales/leasing team. Katharina has a Master Degree in Business from ihe University of Hamburg/Germany. She has a background in leasing and fleet management and was involved in international business start-ups, including all marketing phases, sales, business management, legal operations and employee training, Katharina is currently involved in all sales and leasing operations and is responsible for the promotion and further development of the Washington market in the Seattle location. JOHN MOUILLE * DESIGN DEPARTMENT MANAGER Mr. Mouille joined Modern Building Systems, lnc. in May of 1999 as an Architectural Draftsman. He brought with him over thirteen years of CAD drafting and construction management experience. John was promoted to Design Department Manager in September of 2001, His responsibilities include overseeing all aspects of the design phase for all projects, assuring plans are drawn to fulfill the customers needs and wants, as well as making certain the drawings will pass state and local building codes. KEN HUIE - DESIGN DEPARTMENT ASSISTANT MANAGER Mr, Huie joined Modern Building Systems, lnc, in June of 1993, since that time has served to improve the per{ormance of the design department by managing our staff of CAD Drafters, Ken's responsibilities include the day to day scheduling of drafting work as well as maintaining our extensive CAD Libraries and Systems. Ken holds a 1980 technical degree in Architectural Drafting and Design from Phoenix lnstitute of Technology. 5.a Packet Pg. 134 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A BILL JOHNSON . PURCHASING MANAGER Mr. Johnson joined the company ín 1980 as production employee. Bill brought with him a 6-year background in custom woodworking. His employment with Modern Building Systems, lnc, has allowed him to work all areas of production, Mr. Johnson has over 20 years of experience with the company, including Saw Shop Foreman and then Framing Foreman for 10 years. Beginning in March of 1995 he began working as an estimator and managing the lnternational Sales Department, ln 1996 Bill spent five weeks in Osaka, Japan overseeing the assembly of a panelized housing project and training local carpenters. As Purchasing Manager he is responsible for the procurement of all materials and supplies necessary to support the production facility. GUY COMBS - PRODUCTION MANAGER Mr. Combs joined the company in 1980 as a plant laborer in the Shipping Department. Guy has moved through all phases of the plant production line, including 3 years in our Saw Shop and then 12 years with our Framing Department. Mr, Combs became framing foreman in January of 1996, overseeing all framing phases of the panelized components as well as insuring that all of the modular buildings custom framing needs have been met, Mr. Combs Was promoted to production manager in Aprilof 1996, TAMMY BEYEL - SITE/SERVICE COORDINATOR Tammy joined Modern Building Systems, lnc, in 1998 to aid in the coordination of all service requirements for our customers. Tammy has been in the mobile/modular industry, serving customers for over nine years. Tammy works directly with all customers to ensure that their seryice needs are met with speed, accuracy and the end result is customer satisfaction. DARREL JONES - MAINTENANCEffRANSIT SUPERVISOR Darreljoined Modern Building Systems, lnc. in 1991 as the Maintenanceffransit Supervisor. Darrel handles all phases of plant and vehicle maintenance, including: trip permits, vehicle upkeep, tool inventory, scheduling deliveries of all buildings constructed by Modern Building Systems, lnc, and all MBS lease fleet buildings. Darrel also assists the site department, ensuring proper module positioning as each site has its own unique variation, 5.a Packet Pg. 135 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A What some of our customers are saying,...'. "lnitially, we were impressed with other structures they had built in and around the Greater Vancouver area. I believe the common reaction from any commiüee person was "l can't believe they are modular!" Many of us on the committee had preconceived ideas as to what modular buildings were to look like, but after we saw the buildings manufactured by Modern, our perspective of what was possible changed dramatically. I know how difficult it was to research and decide on a manufacturing company, but by choosing Modern you have the satisfaction of knowing you are working with a company who is honest, willing to work with you to help you get the most bang for your buck, and who will not leave you hanging once you have occupied the building. My experience with Modern, from beginning to end, has been great; I highly recommend Modern Building Systems, Ken Mero, and Calvin for whatever dream you are trying to realize." Very Gratefully Yours, Nikki Skinner Skinner Montessori "l just wanted to say thank you again for your excellent service. We are enjoying our new custom-designed modular office, MBS has far exceeded our expectations in your product and service. The few minor needs that have occurred have been taken care of promptly, Just this past month, we had a door lock that needed some work and your office was called. The response was quick and the lock fixed within a few days. While the service rep was here, he noticed a board on the outside that needed to be replaced and took care of it at the same time. We would be happy to have our name listed as one of those who can highly recommend MBS. Thank you again for your outstanding service and great staff in the home office and out in the field." Sincerely, Bob Swope Senior Pastor/President Valley Life of the Assemblies of God "On behalf of University Place School District, we thank you for providing us with our two modular buildings, Statf at both facilities are pleased with their new buildings. We are particularly pleased with the quality that went into the structures, While you may not take this as a compliment, I have had a number of people comment that they did not believe the buildings were modular. It was a pleasure working with your design team and your on-site crew, John Carpenter and his crew were efficient and conscientious, Should we have the need to add modular structures in the future, we will be calling on you." Sincerely, Greg Paus Construction Consultant University Place School District 5.a Packet Pg. 136 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A "From the beginning to the end, your people have performed above and beyond the call of duty and have provided us with the building we need, in a timely fashion, and within reasonable budget. Throughout the project, Modern Building Systems, lnc, @ has been extremely helpful in working with us and our engineering firm, in this fast track project. Your companies willingness to compress schedules made a timely accomplishment possible," Bill Elliott, P.E. City of Portland, Oregon Bureau of Water Works "All Modern Building Systems, lnc. @ people demonstrated a professionalism and competence that is commendable. The hard work, attention to detail, and cheefful helpfulness was very much appreciated. Your responsiveness and willingness to work closely with us was a major factor in our project's success, Your dedication to getting the job done right, and on time, showed through again and again'" Joe Nance NACCO Materials Handling Group, lnc, 5.a Packet Pg. 137 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A Proposal of /h .¿_1 )td; sl]crloN 004000 BID PROPOSAL Kent Shop Facility Modular Buildittg s ex under the laws of the State of Washington and Or'<¡1on OrJ(hereinafter called the "Biddet'"), organized doing bqsiness as t* CorÙÖr*+'l) aA ({lnsert "a corporation", "â palületship", or "at1 individual") To tlie OWNER (City of Kent): In cornpliance with your invitation to Bid, the lliclder hereby proposes to luntish all labor and materials specifiecl herein necessary for and incicleritattotlrecomplctionòf the work in stlicl accordancewiththe iontract Documents, wittrln the tirne set forth hereitt, and at the lump sum price stated below (not including \rySST), A.LUMP SUM BASE BID: The manufacture, delivery, and installation of a modular building and associated appurtenances as shown on the drawirrgr una as specified in this project manual for the lump sum price (which does not include Washington State Sales Taxes (tilSST)) À +flrau¿"/s213 zÁlwos (.v I \ (Antount ín (Amount in numbers) B. WITHDRAWAL OF BID: No bidcler may witlrclraw his/her bici fol a period of sixty (60) calendar' days after tlie day ofbid oPening, C. TIME OF COMPLETIONI The work of this contract shall commence from the Notice to Proceed I¡c! the work spccifìc<i in l,urnp Sulll Base Ilicl sliall bc suþstantially completecl withi*scrrel4r.ûve (?5)'ea{endaþdavs¡rall¡I-rbi¡vor¡¡- Pçr a'nuì | D, STATE SALES TAXr The undersigneci agrees that the above named Lurnp Sum an<l does not include Washingon State and local sales taxes (WSST). WSST will be paid to the Contractor with each pay application. E. OVERHEAD AND PROFIT: The undersigued agrees that the above Bids do include overliead, profrt, and all other expenses involvcd, F. COMMENCDMENT OF WORK: The bidder hereby ¿ìgrees to co¡nmence work nncler this conffact within flve (5) calendar days after the Notice to Proceed and to fully complete the work within ths tiure established in paragtaph C of this proposal, G, LIQUIDATED DÄMÄGESI TltrlliridcfrtnÌhm*.fgtscs-tû-paynr{iqui*atetl*ltttttages the sum as 3 Q-Mt)t {-o^ ur'o'ìlc"f- rcquileil fbr this project, A Perf'ortuance and Paytnent bondH. BID SECURITY¡ Bid security is not willbe lequirecl of the suceessf'ulbidcler Bid Proposal 004000-1 5.a Packet Pg. 138 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) I. J. Exhibit A ADDRESS: Noiice of acceptance of this bid or request for additional information shall be addressed to the undersigned at the address stated below, SELECTION CRITERI.A,: This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows: 1, Responsiveness, The Owner will consider all material submitted by the contractor to detennine whether the Contractor's proposal is in compliance with the invitation to bid, 2, Responsibility, The Owner will consicler all material submitted by the contractot, and other evidence it may obtain otherwise, to determine whether the contractor is capable of and has a history of successfully completing contracts of this type. The following elements may be given consideratioll by the Owner in dÃtermining whether a con'tractor is a responiible conractor: a) The ability, capacity and skill of the contractoito perform the contract and/or provide the service required; b) The character, integrity, reputation, juclgment, experience and efficiency of the bidder; c) Whether the contractor can perfonn thã contract and do so within the tirne specifîed; d) the quality of perfonnartce by the contractor on previous and similar contracts; e) The previous and existing compliance by thc bidder with laws ielating to the contract or services; and Ð such other infonnation as mrly be secured having beadng on theãecision to award the contracts, 'When requested by the Ownel', contractors shall furnish acceptabie evidence of the contractor's ability to perform, such as firm commitments by subcbnffactors, equipment, supplies ancl facilities, and the contractor's ability to obtain the necessary personnel. Refusal to provide such infomration upon request may cause the bid to be tejected' 3, Lowest Bid: The lowest bid STGNATURE: By signing this Bid Proposal, the undersigned bidder agtees to submit all insurance ¿ocuments, performanıe bınds, and signed contracts within ten (10) calendar days after City awards the Contraci and be bound by all terms, requirements ancl representâtions listed in the bid documents whether set forth by the City or by the Bidder' The Bidder acknowledges the receipt of Addenda to the contract documents as follows: Addeitdunl No. Date of receipt and acknowledgirtent K, J 4, Bid Proposal 004000-2 5.a Packet Pg. 139 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) lc; tZn/+.rA J3u,ld ¡" Exhibit A s Bid Date Address I qtl(4 b Pq,t^{llø ofi8" 11 gzr Submitted By (Signature) R ;ú"/t'ell Address 2 Submitted By (Printed Name) too - 6<tr2. t qz> Telephone Number Fax Number 'neil ,ar¡6/era bo,r Nln lchr/S"Aqnq E-mai1 ¡J "-S . (oq ß Title r END OF BID PROPOSAL I { I ! I.: J Bid Proposal 004000-3 5.a Packet Pg. 140 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CONTRACTOR COMPLIANCE STATEMENT (President's Executive Order #IL246) Da lorl/tf This statement relates to a proposed contract with the City of Kent named Kent Shop Facility Modular Building I am the undersigned bidder or prospective contractor, I represent that ' 1. , .{ have, have not participated in a prevlous contract or subcontract sú¡:ect to the President's Executive Order #L1246 (regardlng equal employment opportunity) or a preceding simllar Executlve Order' /u c]'rn B,-)ld;sl¿* NAME OF BIDDER BY: '\*nct l'lb Signature/Title pu.a it$f/ Tqq s PrtrV P- o" r] vìlr al1'3 2l ADDRESS (Note to Bidders: The information required in this Compliance Statement is informational onlY) 5.a Packet Pg. 141 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A City of Kent Combined Affidavit & Certification Forml Non'Collusion, Minimum Wage (Non-Federal Aid) NO N -CO LLUSION AFFIDAVIT Being fírst duly sworn, deposes and says, that he/she is the identical person who subrñ¡tteA the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or mad-e in the interest or on behalf of any person not therein named, and fufther, that the deponent has not directly lnduced or solicited any other bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other bidder or bidders' AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having duly sworn, deposed, say and certify that ln connection *¡tf,' tfr. perfJrmance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work not less than the prevailing rate of wage or not less than the minimum rate of wage as specified ln the principal contràct; know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR; NON.COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT la;"K.^l I Åo (o.,'l} /Tl ooa -r%EOF C SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER /q aJ ,a lc^r Á r ,' OF PROJECT 5 sfer.¡ DDER'S FIRM Q,,'t-lod /r, t I B u, ld;" subscribed and sworn to before me the -f-day of Aclolx c-, 20/Å Notary Public in and for the StateHARSII I(ALRA NOTARY PUBLTC STATE OF WASI'IINGTON C0lvll',11 SS I ON E XPI RE S ocToBEr.r 29.202A Residing in of Washington 5.a Packet Pg. 142 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A 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 wlth the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, ðubcontractor or suppiier on this specific Agreement to adhere to. An affirmative response is required on all of thä'following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives ouilines, it will be considerè¿ 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 pollcy number 1.2. Z, During the time of this Agreement I will not disciminate in employment on.the basis of sex, race, color, nationallrigin, 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 Contiactor, that the Þrime Contractor complied with the requirements as set forth above, By signing below, I agree to fulfill the fivp requirements referenced above. C k /1ru',1p By: For:llto (,r TítIE:r Èu,ld,^s *zm5 ,t1naas ^lo,.l,/{IDate: EEO COMPLIANCE DOCUMENTS - 1 5.a Packet Pg. 143 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CITY OF KENT ADMINISTRATIVE POLICY NUMBER: T.2 EFFECTiVE DATE: JanuarY 1, 1998 POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and stàte laws. Áll contru.iorr, subcontractors, consultants and suppllers of the City must guarantee equat employment opportJni{ within their organization and, if holding Agreements with the City amounting tó $ro,odci or rnore wlthin 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. Z. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards t!. City's nondiscrimination and equal opportunity requirements shall be considered ln breach of contract and subject to suspension or termination for all or paft 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 depaftments' 1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulatións are familiar with the regulations and the City's equal employment opportunity PolícY. Z. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. SUBJECÏ:MINORITY AND WOMEN CONTRACTORS SUPERSEDES: APril 1, 1996 APPROVED BY Jim White, MaYor EEO COMPLIANCE DOCUMENTS - 2 5.a Packet Pg. 144 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Exhibit A CITY OF KENT EQUAL EM PLOYM ENT O PPO RTU NITY COMPLIAN CE STATEM ENT This form shall be filled out AFTER coMpLETTON of this project by the contractor awarded the Agreement. I, the undersigned, a duly represented agent of " - '' Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the-* ldate) , between the firm I represent and the City of Kent. I declare that I complied fully wlth all of the requirements and obligations as outlined in the city of KentAdministrative policy 1.2 and the Declaration city of Kent Equal Employment opportunity Policy that was part of the before-mentioned Agreement. Dated this - daY of 20_, By: l\Jlr- , .. .. ' ' Tltle: Date: EEO COMPLIANCE DOCUMENTS' 3 5.a Packet Pg. 145 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5.a Packet Pg. 146 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) Insurance The contractor shall procure and maintain for the duration of the Agreement, insurance against claìms for injuries-to þérsons or damage to propefty which rãV áliãé ¡rät otìn óöñnectioï witfr inã performance ofthe work hereunder ¡V tf.1ê çontractor, their agents, representatives, employees or subcontractors, A. Minimum ScoPe of Insurance Contractor shall obtain insurance of the types described below: EXHIBIT B INSURANCE REQUIREMENTS FOR CONSTRUCTION PROJECTS insurance covering all owned,non-owned, hired and leased ve tc es, Coverag e shall be written on Insu rance Services Office (ISO) form CA 00 01 or a substitute form P roviding eq uivalent liabilitY coverage.If necessary, the PolicY shall be endorsed to provide co ntra ctu a ia bi ity coverage. 1 Commercial General Liaþility insurance shall be written on ISO occurrence erliabilityarisingfrompremises,opera'tions, independent contractors, products-completed operations, personal lnJury ánO ãOvertising in¡ury, anb tiaOitity assuimed gndqr an insured contract' Th. Commerciál Cénäral Liability ínsurance shall be endorsed to- provide the AggregateÞeiÞrıjèct Èndoisement ISO form CG 25 03 11 85' There shall 6ı nı endoisemınt or modification of the Commercial General Liability insurance for liability arising from exp_losion, collapse or und.rgtound property damage, fnı C¡ty strall be named as an insured undeithe Cóntiactbr's Commercial General Liability insurance pôiicy with respect to the work pefglme_d for the City usin.g ISO äa¿¡tional insui'ed endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage, 2. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 3. Builders.Risk insurance covering interests of the City, the.Contractor, S¡bcontractors, and Sub-subcontractors in the work, Builders Risk insurance shall'be on a all-risk policy form and shall insure against the perils of fire and extended coverage'and physical loss or d_amage including ilood and earthquake, theft, vandalism, malicious mischìef, collapse, temporary buildings and debris removal, This Builders Risk insurance covéring the work-will have a maximum deductible of $5,000 for each occurreñce, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City, Any increásed deductibles accepted by the City will remain the responsibility of the Contractor. Builders Risk-insurance shall be maintained until final acceptance of the work by the City, 5.a Packet Pg. 147 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) EXHIBIT B (Continued) B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined ffiy injury and ProPertY damage of $1,000,000 Per accident. 2, Cofnmercial General Liability insurance shall be written with li 0 each occurrence, $2'000'000 general aggregate ånä $z,ooo,OOO products- completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the comÞleted value of the project with no coinsurance provisions, C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to col!9!n, the following pl-JuirioiJiòiÄùtomıOiieLìability, C'ommercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect tÀé-cltv. Ány insurance, sélf-insuranôe, or insurance pool. .ouurug. m¡núainéd'by the CitV shall be excess of the Contractor's insurante and shall not contribute with it.2, The Contractor's insurance shall be endorsed to state that coverage shall not-be cànietle¿ by either PartY, except after thirty (30) days prior writien-notice by c'ertified mail, 'return receipt requested, has been given to the CitY, D. Contractor's Insurance For Other Losses The Contractor shall assume full responsibility for all loss or damage from unV *ut. wfratsoever to any tools, 'Contractór's employee owned !ool¡, mácfrinery, equipment, or motor vehicles owned or rented. by the Contractor, or the Contraótor's agénts, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation The Contractor and the City waive all rights against each other any of their Subcontractors, Sub-subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the insurance Requirements Section of this Contract or other properLy insurance applicable to Lhe work. The policies shall provide such waivers by endorsement or otherwise. 5.a Packet Pg. 148 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) EXHIBIT B (Continued) F. AccePtabilitY of Insurers Insurance is to be placed with insurers with a current A'M' Best rating of not less than A:VIL G. Verification of Coverage contractor shall furnish the city with original certificates and a gopy.of the ;r";ãái;rv "Àooruén".'åntt, inàiroing bui not,necessarilv limited to the additional insured endorsement, eviãerrcif g ihq Rutomobile Liability and Commerciat Cenerãi iiãOiL¡ty insurance of the Contractor before commencement otinË wòr(, Beforäãny .*pot!rç.lo loss may occur, the contractor shall file with the City . ¿opi oltt'''. Builders Risk insurance policy that includes all uppiiãänf ô ðoñ¿ítior.ls,-éxclusions, definitions, terms and endorsements related to this project' H. Subcontractors contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor' Àll .ouuruges for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor' 5.a Packet Pg. 149 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) 5.a Packet Pg. 150 At t a c h m e n t : M o d e r n B u i l d i n g S y s t e m s , I n c . _ P W A g r e e m e n t ( 1 4 2 6 : P u b l i c W o r k s A g r e e m e n t w i t h M o d e r n B u i l d i n g S y s t e m s - R e c o m m e n d ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: October 18, 2018 TO: Parks and Human Services Committee SUBJECT: Comprehensive Recreation Program Plan Overview - Information SUMMARY: Overview of the Consultant services agreement with PROS to create a clearly defined Comprehensive Recreation Program Plan. 6 Packet Pg. 151 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: October 18, 2018 TO: Parks and Human Services Committee SUBJECT: Contract with PROS for Comprehensive Recreation Program Plan - Recommend MOTION: Move to recommend council authorize the mayor to sign a consultant services agreement with PROS, in the amount of $92,160 to develop a comprehensive plan for city recreation programming, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: The City of Kent is doing a Comprehensive Recreation Program Plan that will develop a clearly defined programming process which engages community members and City decision-makers, in order to define strategies, services, and direction for public recreation programming that is financially sustainable and meets the needs of residents of Kent in alignment with city-wide and department goals. BUDGET IMPACT: Expense impact to the Parks Administration budget SUPPORTS STRATEGIC PLAN GOAL: Inclusive Community, Thriving City, Evolving Infrastructure, Innovative Government, Sustainable Services ATTACHMENTS: 1. Consultant Services Agreement (PDF) 7 Packet Pg. 152 CONSULTANT SERVICES AGREEMENT - 1 (Over $20,000) CONSULTANT SERVICES AGREEMENT between the City of Kent and PROS Consulting Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and PROS Consulting organized under the laws of the State of Indiana, located and doing business at 201 South Capitol Ave. Suite 505, Indianapolis, IN 46225; Leon Younger (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: As described in Exhibit A, attached and incorporated herein, consultant will create a comprehensive recreation programming plan in alignment with city-wide and Parks department goals and CAPRA Accreditation best practices. Consultant 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 those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Consultant shall complete the work described in Section I by June 30, 2019. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed $92,160.00 including contingency fee, for the services described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. 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: 7.a Packet Pg. 153 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) CONSULTANT SERVICES AGREEMENT - 2 (Over $20,000) A. The Consultant 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 Consultant maintains and pays for its own place of business from which Consultant’s services under this Agreement will be performed. C. The Consultant has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Consultant’s services, or the Consultant is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Consultant 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 Consultant has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by Consultant’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Consultant maintains a set of books dedicated to the expenses and earnings of its business. V. 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. After termination, the City may take possession of all records and data within the Consultant’s possession pertaining to this project, which may be used by the City without restriction. If the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant 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. VII. INDEMNIFICATION. Consultant 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 Consultant'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 Consultant'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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 7.a Packet Pg. 154 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) CONSULTANT SERVICES AGREEMENT - 3 (Over $20,000) 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 Consultant 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 Consultant’s part, then Consultant 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 Consultant’s part. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant 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. IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City. All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City’s request. The Consultant 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. As such, the Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, 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. XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in 7.a Packet Pg. 155 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) CONSULTANT SERVICES AGREEMENT - 4 (Over $20,000) 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 VII 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 Consultant. 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 Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant'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 Consultant 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 Consultant 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 Consultant agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / 7.a Packet Pg. 156 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) CONSULTANT SERVICES AGREEMENT - 5 (Over $20,000) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONSULTANT: By: (signature) Print Name: Its (title) DATE: CITY OF KENT: By: (signature) Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONSULTANT: Leon Young PROS Consulting 201 S Capitol Ave, Ste 505 Indianapolis, IN 46225 877-242-7760 (telephone) leon.younger@prosconsulting.com NOTICES TO BE SENT TO: CITY OF KENT: Brian Levenhagen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 253-856-5116 (telephone) bjlevenhagen@kentwa.gov APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk P:\Planning\Brian Levenhagen\Comp Rec Programming Plan PROS\PROS Consulting-CONTRACT 7.a Packet Pg. 157 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 7.a Packet Pg. 158 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. 7.a Packet Pg. 159 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ 7.a Packet Pg. 160 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) KE T City of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan Project Understanding The City of Kent desires a Comprehensive Recreation Program Plan that will develop a clearly defined programming process that engages community members and City decision makers to define strategies, services, and direction for public recreation programming that is financially sustainable and meets the needs of the residents of Kent in alignment with city-wide and departmental goals. The PROS Team will work with the Parks, Recreation, and Community Services Department ("PRCS Department")to create a plan using existing data, any required new data, best practices, and creativity in collaboration and alignment with the recreation service industry and community stakeholders, while also being in alignment with CAPRA Accreditation best practices. Desired Outcomes The desired outcomes that the PROS Team anticipates for the project includes, but is not limited to, the following required components: . Stakeholder, resident and staff involvement processes, which willform plan development r lntegration of previous planning efforts including 2016-2021 Kent Parks and Open Space Plan, 2018-2023 Riverbend Golf Complex Business Plan, and Resource Allocation and Cost Recovery Philosophy Plan, among many other City plans r Solicitation and analysis of community input survey data, City or regional demographics and industry trends to determine community need; identifying and citing indicators of the need . An analysis and prioritization of forecasted needs based on determinants of need . Alignment with industry and CAPRA Accreditation best practices r Strategic action plan that includes action items, operational steps, and outcomes to facilitate the City's ability to efficiently implement the plan Strategies The study will be a community-supported action plan that provides guidance for future development and redevelopment of program and services. ln summary, we propose proven strategies based on the PRCS Department goals for the prolect that will: . Engage the community, leadership and stakeholders in meaningful, varied and a creative public engagement process to build a shared vision for programs in the City, as well as understand how to best serve current and projected recreation needs of the community in programs and facilities; Utilize a wide variety of data sources and best practices to predict recreation trends and patterns of use and how to address unmet needs in the City; a 1pro$,,::'- consurTtng EXHIBIT A 7.a Packet Pg. 161 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) lx\/ KENT City of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan Determine unique Level of Service Standards for the City to project appropriate and prudent actions regarding recreation programs and services and assess current recreation needs for programming; Shape financial and operational preparedness through innovative and "next" practices to achieve the strategic objectives and recommended actions and implementation strategies, while aligning with CAPRA Accreditation best practices; and to Develop a dynamic and realistic strategic action plan that can ensure long-term success and financial sustainability for recreation programs and facilities, as well as action steps to support the diverse community that the PRCS Department serves. a a a 2prosi,:? consurTtnS EXHIBIT A (Continued)7.a Packet Pg. 162 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) KE T City of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan Project Process The PROS Team proposes to utilize its Community Values ModelrM as the foundation of the Comprehensive Recreation Program Plan. The Community Values ModelrM is an innovative process to utilize comprehensive public input and insight in a meaningful way. lnput, guidance and values from key community leaders, stakeholders, and the general public are used to create overall guiding principles and values of the community related to the delivery of parks and recreation services. The Community Values ModelrM is then used as the basis for develop ippiomhebn a nd strateg ic BhitrtL'kf,ffetlgrQernp re h e n sive Recreatit including objectives a nnrng Levels of Service Standards Governance/Organization 6TB W It Affi Project Scope of Work fhe Comprehensive Recreation Program Plan will result in a 6-year attainable, performance- based plan with key deliverables and milestones established. lt will also look at the function of these individual programs, activities, and services and their contribution to the PRCS Department's values, vision, and mission. The following is a detailed approach to develop the plan related to implementing specific action items. Task 1 -Project Management, SWOT Analysis, Demographic & Recreation Trends Analysis, & Gap Analysis A. Kick-off Meeting, Tour, and Project Management - A kick-off meeting should be attended by the key PRCS Department staff and Consulting Team members to confirm project goals, objectives, and expectations that will help guide actions and decisions of the Consulting Team. Detailed steps of this task include: . Confirmation and Outcome Expectations - The project goals, objectives, scope, and schedule will be confirmed. Discuss expectations of the completed project.. Tour - Meet with City staff for a guided tour of Kent's park system in order to gain an understanding of Kent's facility inventory and breadth of recreation programs. Work Plan - Create a project work plan detailing key tasks, schedule, milestones, and deliverables.o Communications - ldentify lines of communication, points of contact, level of involvement by staff, and other related project management details. The Consulting 3 5alety 8. lleJllh/V/el lnsi:, l,landatory element: for Facilities Programs, & Service: Prrnciples of Cominunity I L.rrrilr,, iJr', :,,rJr!',,rr., 1ir ',i,J)1,',rl ()p, , rl',r'rr r: (,rirrl.rl L.evt l: of 5ervrct' 0eltvery Cote 5r'rvrcr:l Role in Dclrvery v1 Other SerYicr Provtderi [)rrbtrr,/ l!rrlrlrt Puirlr ,' Nol fol-Ptcrhl [)trl\llr r' Pt tvrtl Pro3rams & Facllitles Maintenance & Operations Land & Open Space l)r'ltqrr; Alirlr O, !l,rl/,ll !()l I (' 5lll)1lot I Vrsroil .rnri VatLtt.r l() CoiltlnLIlllV prosi,,:.:-- consutTtng EXHIBIT A (Continued)7.a Packet Pg. 163 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) -^\-./ KENT Gity of Kent Scope of Work, Schedule & Fee Comprehensive Recreation Program Plan Team will develop status reports to City staff on a monthly basis. More importantly, we will be in close and constant contact with your designated project coordinator throughout the performance of the project. . Database of Stakeholders - The Consulting Team will work with City staff who will gather contact information from a variety of sources within the agency. This information will be used in the key leadership/focus group interview portion of the plan. r Data Collection and Review - The Consulting Team will assemble and review available documentation from Parks and Recreation files, existing planning documents, existing site or facility master plans. Review of existing documents include, but are not limited to: the 2016-2Q21 Kent Parks and Open Space Plan, 2018-2023 Riverbend Golf Complex Business Plan, and Resource Allocation and Cost Recovery Philosophy Plan, as well as many other data technical supplements.. Project Branding and Media Strategy - The Consulting Team will work with the City to develop a project brand for the plan. This could include specific Project Name, Logo, Hashtags etc. in conjunction with the client. The branding will be woven into all aspects of project communication and outreach mediums including, but not limited to, the website, online surveys, and Social Media such as the City's Facebook, You Tube, or Twitter feeds. The Consulting Team will utilize the PRCS Department's Marketing Plan as the basis for this strategy. B. SWOT Analysis - Based on meetings with City staff and discussions with key leadership, the Consulting Team will develop a SWOT analysis highlighting existing Strengths, Weaknesses, Opportunities, and Threats faced by the Department as it relates to programs and services. The staff meetings will be organized by like program areas. The SWOT Analysis will also review how identified recreation programming aligns with or contributes to the City of Kent's and the PRCS Department's values, vision, mission, and outcomes. C. Demographic & Trencis Anaiysis - Tire Cunsuiiirrg Tearrr wiii uiiiize iire Ciiy ui Kerri's demographic and other socio-economic projections for the system and supplement with census tract demographic data obtained from Environmental Systems Research lnstitute, lnc. (ESRI), the largest research and development organization dedicated to Geographical lnformation Systems (GlS) and specializing in population projections and market trends; for comparison purposes data will also obtained from the U.S. Census Bureau. This analysis will provide an understanding of the demographic environment for the following reasons: . To understand the market areas served by the park and recreation system and distinguish customer groups. o To identify underserved populations, current reach to those populations, and to make recommendations to remove barriers and enhance inclusion by all.. To determine changes occurring in the City, and assist in making proactive decisions to accommodate those shifts. The City's demographic analysis will be based on previous planning efforts including US 2010 Census information, 2018 updated projections, and 5- (2023) and 10- (2028) year projections. The following demographic characteristics will be included: . Population Density; Age Distribution; Households; Gender; Ethnicity; and, Household lncome From the demographic base data, sports, recreation, and outdoor trends are applied to the local populace to assist in determining the potential participation base within the community. 4pro$,,:.? consurTtnS EXHIBIT A (Continued)7.a Packet Pg. 164 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) KF.NI city of Kent Scope of Work, Schedule & Fee Comprehensive Recreation Program Plan For the sports and recreation trends, the Consulting Team utilizes the Sports & Fitness lndustry Association's (SFIA) 2018 Study of Sports, Fitness and Leisure Participation, ESRI local market potential, as well as participation trends from the Outdoor Foundation on outdoor recreation trends. This will help to determine how recreationaltrends impact existing and projected user populations and will make recommendations on where to expand recreation and leisure programs based on community expectations and trends. Task 2 - Gommunity Engagement Process The Consulting Team will utilize an innovative and creative public engagement process to solicit community input on how the PRCS Department will meet the needs of residents into the future. This task is an integral part of the planning process. A wide range of community/participation methods may be utilized with traditional public meetings. These could include use of the web, social media, as well as participatory workshops to local groups. Specific tasks include: A. Public Engagement Plan - Public engagement is vital to a successful plan. Public engagement serves two purposes: 1) to identify emerging issues and challenges the PRCS Department needs to address and 2) to align the community and the Department to achieve the greatest ability for plan implementation. A Public Engagement Plan (PEP) will be created in tandem with the Department to ensure a comprehensive platform is used to elicit the most engagement from the community's diverse stakeholders. The PEP will include the stakeholder group, method(s) used to engage, and the party responsible for the engagement. B. Key Leadership/Focus Group Interviews - The Consulting Team will perform focus groups and key leadership interviews in the community to evaluate their vision for recreation programs in the Kent community. Eight to ten (8-10) focus group meetings and key leadership interviews (up to 12) will be held over a two-day period. During these interviews/focus groups, the Consulting Team will gain an understanding of the community values, as well as determine the priority for recreation programming and service needs of the community. The following list of potential interviewees will be used to select the final list in conjunction with the City: r Elected officials. Parks and Recreation Commissionr Arts Commission. Human Services Commission. Cultural Communities Board o Greater Kent Historical Society. Conservation groups o Other service providers. Key partners and philanthropic organizations o School officials o Users and non-users of the parks and recreation system . City Staffr Special event providers QE. Lcvrl of Agr.emcnt About Waynr County Parks Could lmportance ot Actlons Tako For Programg Ar&@ue8tu Ed@e,NBq.e pro$,::'- consulTtng ffio@F@i M.@Fdq|d6d1€e EXHIBIT A (Continued)7.a Packet Pg. 165 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) K-E,)fT Gity of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan C. Statistically-Valid Needs Analysis Survey - The Consulting Team will perform a random, scientifically valid community-wide household to quantify knowledge, need, unmet need, priorities and support for programming needs of the City of Kent. The Consulting Team will administer a statistically valid random sampling Needs Assessment Survey of household surveys in the City. The survey will be administered by phone or by a combination of a mail/phone survey and will have a minimum sample size of 400 completed surveys at a 95% level of confidence and a confidence interval of +/- 4.9o/o. Prior to the survey being administered, it will be reviewed by both PRCS representatives and the Parks and Recreation Commission. D. Gommunity Needs Electronic Survey -The Consulting Team will create an online survey administered through the City's website and promotional mediums to maximize outreach and response rates. These surveys will provide quantitative data and guidance in addition to the stakeholder and focus groups in regards to the recommendations for specific programs and services, facility components, usage, and pricing strategies. E. Crowd-sourcing Project Website - The Consultant Team will develop a customized project website that will provide on-going project updates and will serve as the avenue to crowd-source information throughout the project for the entire community. This will be combined with input through social media and could also host videos through a dedicated YouTube Channel and/or utilize City's website (e.9., www.carlsbadparksplan.com). lt has proven to be a very effective tool in engaging the community on an on-going basis as well as maximize outreach to an audience that may not traditionally show up at public meetings or choose to respond to a phone or mail survey. Task 3 - Program Analysis A. Program and Service Assessment - Programs and services are the backbone of park and recreation agencies. This assessment will review how well the PRCS Department aligns itself with community needs. The goal of this process is to provide program enhancements that result in successful and innovative program offerings. The Consulting Team will provide insight into recreation program trends from agencies all around the country. The process includes analysis of: . Age segment distributionr Lifecycle analysis. Core program analysis and development. Similar provider analysis/duplication of service. Market position and marketing analysis. Pricing structure and cost recovery. Review of program development process . Customersatisfaction The program assessment process will produce a comprehensive index of all recreation program offerings. This index will be set-up in a manner that allows the Department to update annually to examine Key Performance lndicators (KPls). The recreation program assessment format will be discussed with the Department at length to create a tailored, customized index that works and interfaces with their existing systems. An important tenet to the recreation program assessment is the ability to gain insight into the Department's existing market position. As such, a similar provider assessment will be conducted in bpro$,,:? consurTtnS EXHIBIT A (Continued)7.a Packet Pg. 166 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) KE T city of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan tandem with the data collection and analysis process to provide the consultant team with a fuller understanding of duplicative services and areas that may be underserved. Ultimately, the outcome of the process will be the creation of a dynamic recreation program plan that will help focus staff efforts in core program areas and will create excellence in those programs deemed most important by program participants and what other service providers are providing. B. Gap Analysis & Mapping - The Consulting Team will compile a complete and current community inventory of recreation facilities, programs and services in the City of Kent, including those provided by the City of Kent, and those offered by schools and other alternative public, private and non-profit providers (e.g. the impending YMCA development) to understand market saturation, gaps, competition or partner opportunities. The Consulting Team will work with the PRCS staff to determine the appropriate GIS mapping. This could include mapping by classification of programs and major recreation amenities by facility standards as applied to population density and geographic areas. lt can also include walkability of accessing programs and facilities in the City. This mapping identifies gaps and overlaps in service area by showing all service providers. c. Prioritized Program Priority Rankings - The Consulting Team will synthesize the findings from the community input, survey results, standards, demographics and trends analysis, and the program and services assessment into a quantified facility and program priority ranking. This priority listing will be compared against gaps or surplus in programs and services. This will list and prioritize program needs for the agency. The Team will conduct a work session with staff to review the findings and make revisions as necessary. Task 4 - Gomprehensive Program Plan lmplementation A. Strategic Action Plan - Upon consensus of all technical work, the remaining action plan will be completed with supporting strategies, actions, responsibilities, and priorities/timelines. These strategies will establish specific and measurable objectives for programs and services that are reviewed periodically to ensure that programs are achieving the needed community benefit or outcome desired. Also, the Consulting Team will identify clear strategies and direction to take advantage of new opportunities, and address gaps and redundancy in program delivery in Kent. Action plans will be established in the following key areas: . Operational Management - Recommendations that provide for short and long term enhancement of recreation program operational management practices of the Department. The Consulting Team will look at the PRCS Department's existing staffing model to review how staff can be more effective in overall functional alignment.. Programs and Services - Recommendations that provide for short and long term development of programs and services provided by the City, including opportunities to improve meeting user needs. The Consulting Team will make strategic recommendations to existing program offerings, organizational alignment, etc. based on analysis of existing programs, needs assessment, surveys, community feedback, target audience, etc.o Policies and Practices - Specific policies and practices for the City that will support the desired outcomes of this Comprehensive Recreation Program PIan will be 7pro$,:? consulung EXHIBIT A (Continued)7.a Packet Pg. 167 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) K.F"lfT city of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan detailed such as recommendations that outlines the key performance measures and specific feedback from users that needs to be collected to influence future decision making regarding recreation programming. Recommendations will also include a detailed strategy on how the PRCS Department should use this data moving foruvard to influence programming, policy and planning decisions. B. Draft Report Preparation and Briefings- The Consulting Team will prepare a draft Comprehensive Recreation Program Plan with strategies considering all analysis performed that is in alignment with CAPRA Accreditation standards. The recommendations and prioritization of needs will be reviewed and discussed with the PRCS Department staff on schedules to finalize action steps, responsibilities, and timelines. PRCS representatives will have sufficient time to review the draft plan, make any changes/additions/recommendations to it and ask for further clarifications if needed. The Consulting Team will meet with representatives of PRCS and/or present to City Council to share information throughout this process, as well as present the final Comprehensive Recreation Program Plan, identify key findings and answer questions. Once the draft is approved by the City, the Consulting Team will prepare a final summary report and present to the City Council for final approval and adoption. C. Final Program Plan Preparation, and Production - Upon comments or revisions by City staff, the Parks and Recreation Commission, and the community, the Consulting Team will finalize the Plan to reflect all input received. The final Comprehensive Recreation Program Plan will be prepared with a Summary Report that is professionally laid out and delivered along with associated appendices (technical reports). Five (5) bound copies, one electronic copy of the final plan will be delivered. Proiect Schedule Central to our project approach is providing a high level of responsiveness to the PRCS Department staff and maintaining accessibility throughout the project lifespan. Our team is flexible and will work hard to effectively serve as an extension of the PRCS Department's project staff. The schedule below depicts the time to complete the tasks described in the scope of work, as well as highlighted areas to meet with the City on key meeting dates. Specific dates will be set during the kick-off meeting process. PROS is confident of our ability to meet schedule and will consider any special requirements by the PRCS Department in regards to scheduling. 8 m Dec-18 Ja n-19 Feb-19 Mar-19 Apr-19 Week:7 2 glq 1 2 3 4 1 2 3 4 1 2 3 4 t 2 3 4 Kent PRCS Comprehensive Recreation Program Plan Task 1 - Proiect Manasement, SWOT Analysis, and Demographic & Trends AnalYsis A. Kick-off Meetine. Tour, and Proiect Manaqement B. SWOT Analysis C. Demographic Review & Trends Analysis Task 2 - Communitv Engagement Process A. Public Ensasement Plan B. Kev Leadership/Focus Group lnterviews C. Statisticallv-Valid Needs Analysis Survey D. Communitv Needs Electronic Survev E. Crowd-Sourcins Proiect Website Task 3 - Program Analvsis A. Prosram and Services Assessment s. Gil$r,ttG(-x/dppins c. p ftifizffiI1{rtfo ggi o ritv Ra n ki n ss rask hV6fitfrl6hbi{fu|6 Recreation Progra m Pla n lmplementation EXHIBIT A (Continued)7.a Packet Pg. 168 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) KF.Iff city of Kent Scope of Work, Schedule & Fee Gomprehensive Recreation Program Plan Pricing Proposal The following fee breakdown is based on the project approach described in the Scope of Work for the Comprehensive Recreation Program Plan. The Consulting Team has based this fee on our current understanding of the City of Kent's goal for the project. The fees include an overall contingency amount of $7,000. Task 1 - Project Management, SWOT Analysis, and Demographic & Trends Analysis A. Kick-off Meeting, Tour, and Project Management 5 4,420 B. SWOT Analysis 5 q,qzo C. Demographic Review & Trends Analysis S 2,690 Expenses S 1,700 Subtotal Dollars S 1l,zlo Task 2 - Community Engagement Process A. Public Engagement Plan S gso B. Key Leadership/Focus Group lnterviews 5 6,400 C. Statistically-Valid Needs Analysis Survey S 13,930 D. Community Needs Electronic Survey s 1,790 E. Crowd-Sourcing Project Website s 5,500 Expenses $ 1,zoo Subtotal Dollars S 30,240 Task 3 - Program Analysis A. Program and Services Assessment 5 7,400 B. Gap Analysis & Mapping $ 5,160 C. Prioritized Program Priority Rankings S 4,880 Expenses S sso Subtotal Dollars s 18,290 Task 4 - Comprehensive Recreation Program Plan lmplementation A. Strategic Action Plan S 5,700 B. Draft Report Preparation and Briefings S 6,830 C. Final Program Plan Preparation and Production 5 t,ato Expenses S 3,zoo Subtotal Dollars S 23,400 TOTAT EXPENSES 5 7,450 TOTAL FEES 5 77,710 TOTAL DOLLARS S 85,1G0 Additional Contingency Fee Not-to-Exceed Contingency for Additional Consulting Services, Travel, etc S z,ooo pfOS;i,'= consutTtng '10 EXHIBIT A (Continued)7.a Packet Pg. 169 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant 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 Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant 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. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01. The City shall be named as an Additional Insured under the Consultant’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. 2. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 7.a Packet Pg. 170 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) EXHIBIT B (Continued) C. 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 Consultant’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 Consultant’s insurance and shall not contribute with it. 2. The Consultant’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 Consultant 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 Consultant’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 Consultant 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 Consultant before commencement of the work. F. Subcontractors Consultant 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 Consultant. 7.a Packet Pg. 171 At t a c h m e n t : C o n s u l t a n t S e r v i c e s A g r e e m e n t ( 1 4 1 1 : C o n t r a c t w i t h P R O S f o r C o m p r e h e n s i v e R e c r e a t i o n P r o g r a m P l a n - R e c o m m e n d ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: October 18, 2018 TO: Parks and Human Services Committee SUBJECT: Lease with Union Pacific Railroad for Uplands Extension - Recommend MOTION: Move to recommend council authorize the mayor to sign a lease agreement with Union Pacific Railroad, in the amount of $3,000 and increased by three percent (3%) annually, for use of the Uplands Extension Triangle parcel, subject to final terms and conditions acceptable to the parks director and city attorney. SUMMARY: The city has leased the parcel known as the Uplands Extension “triangle” from Union Pacific Railroad for recreational use dating back to 1984. The popular Kent Lions Skate Park is partially situated within the parcel adjacent to the Interurban Trail. This lease formally extends the city’s continued use of the land for its present purposes. The lease is for one year beginning January 10, 2018, will annually extend automatically from year to year, and will annually increase by 3% cumulative and compounded. BUDGET IMPACT: Expense impact to the Parks Maintenance operational budget SUPPORTS STRATEGIC PLAN GOAL: Thriving City, Evolving Infrastructure ATTACHMENTS: 1. EXHIBIT UPRR Uplands Lease (PDF) 8 Packet Pg. 172 January 16, 2018 Folder: 00472-35 BRIAN LEVENHAGEN CITY OF KENT 220 4TH AVENUE, SOUTH KENT WA 98032 RE: Lease Covering Use of Railroad Property at Kent, Washington Pursuant to your request, enclosed are two (2) originals of the above-referenced Lease for your execution. In the enclosed envelope, please return the following: 1. ALL ORIGINALS of the Lease signed by the appropriate party. If approved by the Railroad Company, a fully-executed original will be returned to you for your records. 2. COMPLETED Real Estate Environmental Lessee Questionnaire. 3. CHECK, with Folder No. 00472-35 written on the front, in the amount of Three Thousand Dollars ($3,000.00) covering the rental and administrative fees, if any. Future rental will be billed and payment should be directed to the address on the invoice. Both copies of the above-mentioned lease document, plus the questionnaire, and the check must be received by this office within 30 days of the date of this letter for consideration by Railroad Company management. You are not authorized to enter the premises until you are in possession of a fully executed copy of this Lease. NOTHING IN THIS CORRESPONDENCE SHOULD BE CONSTRUED AS A COMMITMENT TO LEASE REAL PROPERTY AS SUCH A COMMITMENT REQUIRES FORMAL RAILROAD MANAGEMENT APPROVAL. IF SUCH APPROVAL IS RECEIVED, A FULLY EXECUTED COPY OF THE LEASE WILL BE RETURNED TO YOU. If you have any questions regarding this Lease, please contact me at (402) 544-8043 or apgalley@up.com. Sincerely, Aaron Galley Senior Analyst RE - Prop Mgmt - Real Estate Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340 8.a Packet Pg. 173 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Audit No. __________________ Industrial Lease (Year To Year) 09-01-06 Folder No. 00472-35 (Unimproved Property) Form Approved, Law LEASE OF PROPERTY (INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR) THIS LEASE (“Lease”) is entered into on ____________________, 2018, between UNION PACIFIC RAILROAD COMPANY (“Lessor”) and CITY OF KENT, A Washington municipal corporation whose address is 220 4th Avenue, South, Kent, Washington 98032 (“Lessee”). IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: Article 1. PREMISES; USE. Lessor leases to Lessee and Lessee leases from Lessor the premises (“Premises”) at Kent, Washington, shown on the print dated January 10, 2018, marked Exhibit A, hereto attached and made a part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part hereof. The Premises may be used for a recreational skate park and vegetation control, and purposes incidental thereto, only, and for no other purpose. Article 2. TERM. The term of this Lease shall commence January 31, 2018, and, unless sooner terminated as provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year to year. Article 3. FIXED RENT. A. Lessee shall pay to Lessor, in advance, fixed rent of Three Thousand Dollars ($3,000.00) annually. The rent shall be automatically increased by Three percent (3%) annually, cumulative and compounded. B. Not more than once every three (3) years, Lessor may redetermine the fixed rent. If Lessor redetermines the rent, Lessor shall notify Lessee of such change. Article 4. INSURANCE. A. Throughout the entire term of this Lease, Lessee shall maintain the insurance coverage required under Exhibit C hereto attached and made a part hereof. B. Not more frequently than once every two years, Lessor may reasonably modify the required insurance coverage to reflect then-current risk management practices in the railroad industry and underwriting practices in the insurance industry. C. Upon request of Lessor, Lessee shall provide to Lessor a certificate issued by its insurance carrier evidencing the insurance coverage required under Exhibit C. D. All insurance correspondence shall be directed to: Real Estate Department, 1400 Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Folder No. 00472-35. 8.a Packet Pg. 174 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Article 5. SPECIAL PROVISION – CANCELLATION. Effective upon commencement of the term of this Lease, the Lease dated 12/5/1984, identified as Audit No. PLD202 (the ‘Prior Lease’), together with any and all supplements and amendments, is canceled and superseded by this Lease, except for any rights, obligations or liabilities arising under the Prior Lease before cancellation, including any consent to conditional assignment, chattel agreement, or consent to sublease. The security deposit provision or rental payment, if any, contained in the Prior Lease, will survive the cancellation of the Prior Lease and be made a part of this Lease. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein written. Lessor: Lessee: UNION PACIFIC RAILROAD COMPANY CITY OF KENT By: ________________________________ By: _________________________________ Name: ______________________________ Title: _______________________________ Name: ______________________________ Title: _______________________________ 8.a Packet Pg. 175 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) 8.a Packet Pg. 176 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Industrial Lease (Year To Year) 09-01-06 (Unimproved Property) Form Approved, Law EXHIBIT B TO INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR) Section 1. IMPROVEMENTS. No improvements placed upon the Premises by Lessee shall become a part of the realty. Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS. A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such times as will not unreasonably interfere with Lessee's use of the Premises. B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including, without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not interfered with unreasonably. C. Lessee acknowledges that Lessor makes no representations or warranties, express or implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors. D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any manner with the use or operation of any signboards now or hereafter placed on the Premises or with any property uses in connection with such signboards (such as, by way of example and not in limitation, roadways providing access to such signboards). In no event may Lessee construct on the Premises any improvements that interfere in any manner with the visibility or operation of any signboards now or hereafter on the Premises or on property in proximity to the Premises. Section 3. PAYMENT OF RENT. Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated by the Lessor, and without offset or deduction. Section 4. TAXES AND ASSESSMENTS. A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor in full within thirty (30) days after rendition of Lessor's bill. B. If the Premises are specially assessed for public improvements, the annual rent will be automatically increased by 12% of the full assessment amount. 8.a Packet Pg. 177 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Section 5. WATER RIGHTS. This Lease does not include any right to the use of water under any water right of Lessor, or to establish any water rights except in the name of Lessor. Section 6. CARE AND USE OF PREMISES. A. Lessee shall use reasonable care and caution against damage or destruction to the Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property. Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a hazard. B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's business. C. If any improvement on the Premises other than the Lessor Improvements is damaged or destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill. D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for subdividing or platting the Premises. Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES. A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the Premises for the generation, use, treatment, manufacture, production, storage or recycling of any Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not a contemplated use of the Premises is a Hazardous Substance use. B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances, (ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of the center line of any main track. C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and notices issued by governmental agencies in connection with such Hazardous Substance use, together with such other information on the Hazardous Substance use as may be requested by Lessor. If requested by Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense. D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the 8.a Packet Pg. 178 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration, containment, remediation, decontamination, removal, investigation, monitoring, closure or post-closure. Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on, in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for Hazardous Substances applies. E. In addition to the other rights and remedies of Lessor under this Lease or as may be provided by law, if Lessor reasonably determines that the Premises may have been used during the term of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee shall promptly commence to perform and thereafter diligently prosecute to completion such work, using one or more contractors and a supervising consulting engineer approved in advance by Lessor. F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or "hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601, et seq., as amended or in RCRA, the regulations promulgated pursuant to either such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D) radioactive; and (iii) such other substances, materials and wastes which are or become regulated or classified as hazardous or toxic under any existing or future federal, state or local law. Section 8. UTILITIES. A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to Lessee. B. All utilities and services will be separately metered to Lessee. If not separately metered, Lessee shall pay its proportionate share as reasonably determined by Lessor. 8.a Packet Pg. 179 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Section 9. LIENS. Lessee shall not allow any liens to attach to the Premises for any services, labor or materials furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the right to discharge any such liens at Lessee's expense. Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES. A. No alterations, improvements or installations may be made on the Premises without the prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all events such consent shall be conditioned upon strict conformance with all applicable governmental requirements and Lessor's then-current clearance standards. B. All alterations, improvements or installations shall be at Lessee's sole cost and expense. C. Lessee shall comply with Lessor's then-current clearance standards, except (i) where to do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement or device in place prior to Lessee taking possession of the Premises if such improvement or device complied with Lessor's clearance standards at the time of its installation. D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply with such requirements, nor shall any consent of Lessor be deemed to be a representation of such compliance. Section 11. AS-IS. Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty to maintain, repair or improve the Premises. Section 12. RELEASE AND INDEMNITY. A. As a material part of the consideration for this Lease, Lessee, to the extent it may lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified Parties") from and against, any loss, damage (including, without limitation, punitive or consequential damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers, agents, employees, licensees or invitees, or any breach of this Lease by Lessee. B. The foregoing release and indemnity shall apply regardless of any negligence, misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole active direct negligence of any Indemnified Party. 8.a Packet Pg. 180 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) C. Where applicable to the Loss, the liability provisions of any contract between Lessor and Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and shall supersede the provisions of this Section 12. D. No provision of this Lease with respect to insurance shall limit the extent of the release and indemnity provisions of this Section 12. Section 13. TERMINATION. A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive days. B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may terminate this Lease without cause upon thirty (30) day’s written notice to the other party; provided, however, that at Lessor's election, no such termination by Lessee shall be effective unless and until Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this Lease, together with all terms contained herein (including payment of rent) will remain in effect until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to terminate this Lease. Section 14. LESSOR'S REMEDIES. Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises, without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing locks, if necessary, and may lock out Lessee, all without being liable for damages. Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY. A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or demand for possession, and (ii) shall have removed from the Premises all structures, property and other materials not belonging to Lessor, including all personal property and restored the surface to as good a condition as the same was in before such structures were erected, including, without limitation, the removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish. B. If Lessee has not completed such removal and restoration prior to termination of this Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat Lessee as a holdover tenant at will until such removal and restoration is completed. 8.a Packet Pg. 181 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Section 16. FIBER OPTICS. Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried on the Premises. Lessor may change the telephone number and hours of operation by giving Lessee notice of the change. If cable is buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable locator, and make arrangements for relocation or other protection of the cable. Notwithstanding compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above shall apply fully to any damage or destruction of any telecommunications system. Section 17. NOTICES. Any notice, consent or approval to be given under this Lease shall be in writing, and personally served, sent by facsimile to (402) 501-0340, by email or by reputable courier service, or sent by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha, Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be deemed served upon receipt. Section 18. ASSIGNMENT. A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without Lessor's consent shall be void and shall be a default by Lessee. B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Section 19. CONDEMNATION. If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the condemning authority of such compensation as may be separately awarded to Lessee for Lessee's relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or damage to Lessee's business. Section 20. ATTORNEY'S FEES. If either party retains an attorney to enforce this Lease (including, without limitation, the indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees. Section 21. RIGHTS AND OBLIGATIONS OF LESSOR. If any of the rights and obligations of Lessor under this Lease are substantially and negatively affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under 8.a Packet Pg. 182 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible. Section 22. MODIFICATION, WAIVER OF DEFAULT, ENTIRE AGREEMENT. No waiver, modification or amendment to this Lease, including specifically but not limited to, any indemnity and/or insurance requirement herein, shall be of any force or effect unless made in writing, signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver, modification or amendment. This Lease is the entire agreement between the parties, and supersedes all other oral or written agreements between the parties pertaining to this transaction, and any other lease under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior sentence, Lessee shall retain any and all obligations and liabilities which may have accrued under any other such agreements prior to the commencement of the term of this Lease. 8.a Packet Pg. 183 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) Approved: Insurance Group Created: 2/10/06 Last Modified: 7/2/07 EXHIBIT C Union Pacific Railroad Contract Insurance Requirements Lease of Land Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as otherwise provided in this Lease) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. In any and all Claims against Lessor by any employee of Lessee, Lessee’s indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable under any workers compensation acts, disability benefits acts or other employee benefits acts. D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation, handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. 8.a Packet Pg. 184 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above must include Lessor as “Additional Insured” using ISO Additional Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 11, provide coverage for Lessor’s negligence whether sole or partial, active or passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease. G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers’ liability or commercial umbrella or excess liability insurance obtained by Lessee required by this agreement. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises are located. I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the Premises are located. J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be deemed to release or diminish the liability of Lessee, including, without limitation, liability under the indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will not be limited by the amount of the required insurance coverage. 8.a Packet Pg. 185 At t a c h m e n t : E X H I B I T U P R R U p l a n d s L e a s e ( 1 4 2 7 : L e a s e w i t h U n i o n P a c i f i c R a i l r o a d f o r U p l a n d s E x t e n s i o n - R e c o m m e n d ) PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE 220 Fourth Ave S Kent, WA 98032 253-856-5100 DATE: October 18, 2018 TO: Parks and Human Services Committee SUBJECT: Directors Report SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community Services Department, will inform the committee of noteworthy information and upcoming events. 9 Packet Pg. 186