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CAG2022-027 - Original - Beynon Sports Surfaces, Inc. - Sports Court Resurfacing at Kiwanis Tot Lot #1 & West Fenwick Park - 01/24/2022
CAG2022-027 1/25/22 1/25/22 40,000�. 4 KENT PUBLIC WORKS AGREEMENT between City of Kent and Beynon Sports Surfaces, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Beynon Sports Surfaces, Inc. organized under the laws of the State of Maryland, located and doing business at 19600 SW 129th Avenue, Suite A, Tualatin, OR 97062; Contact: Cody Taylor, Phone (503) 539-7930 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Repair and resurface one (1) basketball court at Kiwanis Tot Lot #1, located at 532 1st Avenue South, Kent, WA 98032 and two (2) tennis courts at West Fenwick Park, including Add Alt #1 to layout, tape, prime and paint pickleball lines with two coasts of Textured Line Paint, located at 3808 Reith Road, Kent, WA 98032 per quotes dated 10/13/2021 attached and incorporated as Exhibit A. The 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 within 10 working days, weather permitting, after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by August 31, 2022. In the event weather conditions prevent the work from being performed within this time period, the parties shall agree on a revised project schedule that ensures work is timely completed once weather conditions improve to allow such work to be performed. The term of this Agreement shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed FORTY SEVEN THOUSAND SEVEN HUNDRED TWENTY EIGHT DOLLARS AND THIRTY FIVE CENTS ($47,728.35), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The City shall pay the Contractor eighty-five percent (85%) of the Contract amount upon completion and acceptance of the work by the City, or at such earlier time as the City may determine is appropriate. The City will pay the remaining Contract amount upon fulfillment of the conditions listed below and throughout this Agreement. Card Payment Program. The Contractor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Contractor. If the Contractor voluntarily participates in PUBLIC WORKS AGREEMENT - 1 (Over $20K and No Performance Bond) this Program, the Contractor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Contractor shall not charge those fees back to the City. A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the 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 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 the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the 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 the 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 the 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. D. 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 the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the 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. PUBLIC WORKS AGREEMENT - 2 (Over $20K and No Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The 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. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the 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, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before PUBLIC WORKS AGREEMENT - 3 (Over $20K and No Performance Bond) actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the 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. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN PUBLIC WORKS AGREEMENT - 4 (Over $20K and No Performance Bond) ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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). X. 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. XI. WARRANTY. The 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 the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. 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. PUBLIC WORKS AGREEMENT - 5 (Over $20K and No Performance Bond) The 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. XIII. INDEMNIFICATION. The 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 the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the 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 the 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. XIV. 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. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The 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 the Contractor's own risk, and the 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. XVI. 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 PUBLIC WORKS AGREEMENT - 6 (Over $20K and No Performance Bond) 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 XIII 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 the 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 the 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, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. 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 PUBLIC WORKS AGREEMENT - 7 (Over $20K and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: By: TimAnd— J-11.2-1157PST) By: O. Print Name: Dana Ralph Print Name: Tim Andrew Its Director of Operations - NW Region Its Mayor DATE: 01/11/2022 DATE: 01/24/2022 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Cody Taylor, Tennis Operations Manager Ben Levenhagen, Support Services Field Supervisor Beynon Sports Surfaces, Inc. City of Kent 19600 SW 129th Avenue, Suite A 220 Fourth Avenue South Tualatin, OR 97062 Kent, WA 98032 (503) 539-7930 (cell) or (253) 508-9548 (cell) or (503) 563-6399 (telephone) [(503) 692-0491 (facsimile) (253) 856-5133 (telephone) (253) 856-6120 (facsimile) APPROVED AS TO FORM: Kent Law ^± ep- rtment ATTEST: L'4� A�� Kent City Clerk PUBLIC WORKS AGREEMENT - 8 (Over $20K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 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: Tim Andrew (Jan 11, 202211:57 PST) For: Beynon Sports Surface, Inc. Title: Director of Operations - NW Region Date: 01/11/2022 PUBLIC WORKS AGREEMENT - 9 (Over $20K and No Performance Bond) CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor 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. PUBLIC WORKS AGREEMENT - 10 (Over $20K and No Performance Bond) 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 the Kent. that was entered into on (date), between the firm I represent and the City of 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: PUBLIC WORKS AGREEMENT - 11 (Over $20K and No Performance Bond) BIDDER 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 (10/13/2021), 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. Beynon Sports Surfaces, Inc. By:TimAndre (Jail 11,202211:57PST) Signature of Authorized Official* Printed Name: Tim Andrew Title: Director of Operations- NW Region Date: 01/11/2022 City and State: Tualatin, Oregon *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. PUBLIC WORKS AGREEMENT - 12 (Over $20K and No Performance Bond) EXHIBIT A BEYNON° A Tarkett Sports Company 10/13/2021 TO: Ben Levenhagen, Support Services Field Supervisor Park Operations I Parks, Recreation and Community Services 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5133 1 Main Line 253-856-5120 BLevenhagen@KentWA.gov I ParksMaintenance@KentWA.gov FROM: Cody Taylor Tennis Operations Manager Beynon Sports Surfaces Inc. 503-539-7930 CTaylor(cDbeynonsports-coin West Fenwick Park — 2 Tennis Courts Beynon Sports is pleased to present this proposal, prevailing wages are included. COURT SURFACING' Scope: • Grind down heaving areas and root damage. • High pressure -wash the entire court surface as needed. • Flood court surface, mark low areas that hold water over the depth of a nickel. Proper slope must be present to alleviate birdbaths. • Patch and repair low areas, fill "cracks. • Apply one coat of Acrylic Resurfacer to the entire court surface. • Apply two textured Color Filler coats to the entire court surface. • Apply one textured Color Finish coat to the entire court surface. • Lines will be accurately laid out, taped, primed and painted with two coats White Textured Line Paint. Lines to include 2 tennis courts. Cost: $ 25,030.00 + tax Add Alt #1: Lay out, tape, prime and paint pickleball lines with two coats of Textured Line Paint. Cost: $ 1,173.00 + tax per court Exclusions: This quotation excludes any design costs, engineered or stamped drawings, bonds, union or labor law levies, agency approval or associated fees, protection of sports surface after completion, permits(owners responsibility). moving/removal/replacing any utilities to include sprinklers, remediation of unsuitable soils, multiple mobilizations, logos or other unforeseen costs. Asphalt is manufactured with gravel, sand, and liquid petroleum Most plants produce asphalt using gravel mined from hillsides. Mined gravel may contain clay balls and iron causing small insignificant voids and rust spots that may migrate to the acrylic surface Since the producer's source of aggregate may vary from time to time, it is impossible to predict whether a particular batch of asphalt from a producer will contain clay balls or iron. If clay balls and or rust spots develop they will not hinder play or hurt the structural integrity of the court and are almost always eliminated after the first resurfacing. The most common problem with asphalt tennis courts is pavement cracking. Cracking in asphalt is caused, at least in part, by the natural tendency of asphalt to shrink as it weathers, oxidizes and ages. In addition, asphalt loses its flexibility as it ages, making it more brittle. Since shrinking and becoming more brittle with age are properties of 19600 SW 1291h AVENUE Ste A, TUALATIN, OREGON 97062 0 503,691.2484 0 FAX 503.692.0491 0 WW W.BEYNaNSPORTS,_WM BBYNON' A Tarkett Sports Company the material, cracking in asphalt tennis courts is inevitable. This condition is beyond the control of Beynon Sports, its suppliers and subcontractors. Therefore Beynon Sports will not assume any responsibility if such conditions appear • Quote valid for 30 days. • "Cracks will appearlreappear with ground movement and freezelthaw cycles. Yearly maintenance an your part will be required to re -seal small cracks. There is no warranty on standard crack repair • Suitable water source must be provided by owner. ■ Pricing does not include removal of boulders, foundations or any other buried unforeseen impediments. If you have any questions, please call me at 503-539-7930. Sincerely, Cody Taylor Tennis Operations Manager Beynon Sports Surfacing, Inc. 19600 SW 1291hAVE NUF. Ste A,TUA1.A'rIN.OREGON 97062 0 503-691.2484 0 FAX 503.692.0491 0 WWW.Br..YNONSPORTS.Com O-)BEYNON ® Aiarkett Sports Company If you agree with the terms and conditions of this proposal please initial next to approved option(s), indicate total contract value below, sign and fax/mail back. We hereby accept the conditions of this offer stipulated herein. CONTRACT $ NAME OF PROJECT: Signed this day of Signature: Printed Name: Billing Name (if different): Billing Address: City: Phone Number: 2021 State: Zip Code: Colors Inside Outside Beynon Sports Surfaces, Inc. Signed this day of Accepted by: , 2021 Printed Name: Materials remain property of Beynon Sports Surfaces, Inc. (BSS) until paid in full. Purchase orders/Contracts should be sent to: Beynon Sports Surfaces, Inc. Attention: Lori Johnson 19600 SW 129th Avenue Suite A Tualatin, Oregon 97062 Tel: 800-423-5875 ext. 238 Fax: 503-692-0491 Iiohnson(fteynonsports.corn The purchase price shall be payable to the contractor by way of check in accordance with the payment schedule. Contractor will issue an invoice to customer upon the occurrence of each of the events listed above, and payment of each invoice is due within ten (10) days following the date of the applicable invoice. Be sure to visit our website at www.beynonsports.com. 19600 SW 1291h AVENUE Ste A, TUALATIN, OREGON 97062 0 503.691.2484 0 FAX 503.692.0491 0 WWW.BEYNONSPORTS.COM BEYNON° A Tarkett Sports Company 10/13/2021 TO: Ben Levenhagen, Support Services Field Supervisor Park Operations I Parks, Recreation and Community Services 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5133 1 Main Line 253-856-5120 BLevenhagen@KentWA.gov I ParksMaintenance@KentWA.gov FROM: Cody Taylor Tennis Operations Manager Beynon Sports Surfaces Inc. 503-539-7930 CTaylor(aD-bevnonsports.com Tot Lot #1 — 1 Basketball Court Beynon Sports is pleased to present this proposal, prevailing wages are included. COURT Scope: . High pressure -wash the entire court surface as needed. • Flood court surface, mark low areas that hold water over the depth of a nickel. Proper slope must be present to alleviate birdbaths. • Patch and repair low areas, fill *cracks. Gap between concrete header and asphalt to remain unpatched. • Apply two coats of Acrylic Resurfacer to the entire court surface. • Apply two textured Color Filler coats to the entire court surface. • Apply one textured Color Finish coat to the entire court surface. • Lines will be accurately laid out, taped, primed and painted with two coats White Textured Line Paint. Lines to include: as existing. Cost: $15,974.00 + tax Exclusions: This quotation excludes any design costs, engineered or stamped drawings, bonds, union or labor law levies, agency approval or associated fees, protection of sports surface after completion, permits(owners responsibility), moving/removal/replacing any utilities to include sprinklers, remediation of unsuitable soils, multiple mobilizations, logos or other unforeseen costs. Asphalt is manufactured with gravel, sand, and liquid petroleum. Most plants produce asphalt using gravel mined from hillsides. Mined gravel may contain clay balls and iron causing small insignificant voids and rust spots that may migrate to the acrylic surface. Since the producer's source of aggregate may vary from time to time, it is impossible to predict whether a particular batch of asphalt from a producer will contain clay balls or iron. If clay balls and or rust spots develop they will not hinder play or hurt the structural integrity of the court and are almost always eliminated after the first resurfacing. The most common problem with asphalt tennis courts is pavement cracking. Cracking in asphalt is caused, at least in part, by the natural tendency of asphalt to shrink as it weathers, oxidizes and ages. In addition, asphalt loses its flexibility as it ages, making it more brittle. Since shrinking and becoming more brittle with age are properties of the material, cracking in asphalt tennis courts is inevitable. This condition is beyond the control of Beynon Sports, its suppliers and sub -contractors. Therefore Beynon Sports will not assume any responsibility if such conditions appear. Quote valid for 30 days 'Cracks will appear/reappear with ground movement and freeze/thaw cycles. Yearly maintenance on your part will be required to re -seal small cracks. There is no warranty on standard crack repair. Suitable water source must be provided by owner 19600 SW 1291h AVENUE Ste A, TUALATIN, OREGON 97062 0 503.691.2484 0 FAX 503.692.0491 0 WWW R )'NONSPORTS.CQ -O)BEYNON A Tarkett. Sports Company Pnoing does not include removal of boulders, foundations or any other buried unforeseen impediments. If you have any questions, please cal] me at 503-539-7930. Sincerely, Cody Taylor Tennis Operations Manager Beynon Sports Surfacing, Inc. 19600 SW 1%9,^ AVI?NUI: Sie A,'I'UAt.A'ftN, ORI:GON 97062 0 503,691,2484 0 PAX 503-69'1.0491 0 WWW.13LYNONSPORTS.[.01A ~ B EYN O 1 A Tarkett Sports Company If you agree with the terms and conditions of this proposal please initial next to approved option(s), indicate total contract value below, sign and fax/mail back. We hereby accept the conditions of this offer stipulated herein. CONTRACT $ NAME OF PROJECT: Signed this Signature: Printed Name: Billing Name (if differe Billing Address: City: Phone Number: day of 2021 State: Zip Code: Colors Inside Outside Beynon Sports Surfaces, Inc. Signed this Accepted by: day of 2021 Printed Name: Materials remain property of Beynon Sports Surfaces, Inc. (BSS) until paid in full. Purchase orders/Contracts should be sent to: Beynon Sports Surfaces, Inc. Attention: Lori Johnson 19600 SW 129th Avenue Suite A Tualatin, Oregon 97062 Tel: 800-423-5875 ext. 238 Fax: 503-692-0491 liohnsonCa7beynonsports.com The purchase price shall be payable to the contractor by way of check in accordance with the payment schedule. Contractor will issue an invoice to customer upon the occurrence of each of the events listed above, and payment of each invoice is due within ten (10) days following the date of the applicable invoice. Be sure to visit our website at www.t)evnonsi)orts.com. 19600 SW 12911 AVENUE Ste A, TUALATIN, OREGON 97062 0 503.691.2484 0 FAX S03.692.0491 0 WWW.BEYNONSPORTS.COM 1/11/22, 7:36 AM about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1/11/2022 *Risk County- Trade Job Classification Wage Holiday Overtime Note Class King Laborers Air, Gas Or Electric Vibrating $54.62 7A 4V 8Y View Screed King Laborers Airtrac Drill Operator $56.31 7A 4V 8Y View King Laborers Ballast Regular Machine $54.62 7A 4V 8Y View King Laborers Batch Weighman $46.29 7A 4V 8Y View King Laborers Brick Pavers $54.62 7A 4V 8Y View King Laborers Brush Cutter $54.62 7A 4V 8Y View King Laborers Brush Hog Feeder $54.62 7A 4V 8Y View King Laborers Burner $54.62 7A 4V 8Y View King Laborers Caisson Worker $56.31 7A 4V 8Y View King Laborers Carpenter Tender $54.62 7A 4V 8Y View King Laborers Cement Dumper -paving $55.62 7A 4V 8Y View King Laborers Cement Finisher Tender $54.62 7A 4V 8Y View King Laborers Change House Or Dry Shack $54.62 7A 4V 8Y View King Laborers Chipping Gun (30 Lbs. And $55.62 7A 4V 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $54.62 7A 4V 8Y View King Laborers Choker Setter $54.62 7A 4V 8Y View King Laborers Chuck Tender $54.62 7A 4V 8Y View King Laborers Clary Power Spreader $55.62 7A 4V 8Y View King Laborers Clean-up Laborer $54.62 7A 4V 8Y View King Laborers Concrete Dumper/Chute $55.62 7A 4V 8Y View Operator King Laborers Concrete Form Stripper $54.62 7A 4V 8Y View King Laborers Concrete Placement Crew $55.62 7A 4V 8Y View King Laborers Concrete Saw Operator/Core $55.62 7A 4V 8Y View Driller King Laborers Crusher Feeder $46.29 7A 4V 8Y View King Laborers Curing Laborer $54.62 7A 4V 8Y View King Laborers Demolition: Wrecking 8t Moving $54.62 7A 4V 8Y View (Incl. Charred Material) about:blank 1 /4 1 /11 /22, 7:36 AM King Laborers King Laborers King Laborers King King King King King King King King King King King King King King Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers King Laborers King Laborers King Laborers King Laborers King King King King King King King King King King King King King King King King King Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers Laborers about:blank Ditch Digger Diver Drill Operator (Hydraulic, Diamond) Dry Stack Walls Dump Person Epoxy Technician Erosion Control Worker Faller Et Bucker Chain Saw Fine Graders Firewatch Form Setter Gabian Basket Builders General Laborer Grade Checker Et Transit Person Grinders Grout Machine Tender Groutmen (Pressure) Including Post Tension Beams Guardrail Erector Hazardous Waste Worker (Level A) Hazardous Waste Worker (Level B) Hazardous Waste Worker (Level C) High Scaler Jackhammer Laserbeam Operator Maintenance Person Manhole Builder-Mudman Material Yard Person Motorman -Dinky Locomotive nozzleman (concrete pump, green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) Pavement Breaker Pilot Car Pipe Layer (Lead) Pipe Layer/Tailor Pipe Pot Tender Pipe Reliner Pipe Wrapper Pot Tender Powderman $54.62 7A 4V 8Y View $56.31 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $46.29 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $57.31 7A 4V 8Y View $54.62 7A 4V 8Y View $54.62 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $56.31 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $56.31 7A 4V 8Y View $55.62 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $55.62 7A 4V 8Y View $57.31 7A 4V 8Y View $55.62 7A 4V 8Y View $46.29 7A 4V 8Y View $57.31 7A 4V 8Y View $55.62 7A 4V 8Y View $55.62 7A 4V 8Y View $55.62 7A 4V 8Y View $55.62 7A 4V 8Y View $54.62 7A 4V 8Y View $56.31 7A 4V 8Y View about:blank 2/4 1/11/22, 7:36 AM about:blank King Laborers Powderman's Helper $54.62 7A 4V 8Y View King Laborers Power Jacks $55.62 7A 4V 8Y View King Laborers Railroad Spike Puller - Power $55.62 7A 4V 8Y View King Laborers Raker - Asphalt $57.31 7A 4V 8Y View King Laborers Re-timberman $56.31 7A 4V 8Y View King Laborers Remote Equipment Operator $55.62 7A 4V 8Y View King Laborers Rigger/Signal Person $55.62 7A 4V 8Y View King Laborers Rip Rap Person $54.62 7A 4V 8Y View King Laborers Rivet Buster $55.62 7A 4V 8Y View King Laborers Rodder $55.62 7A 4V 8Y View King Laborers Scaffold Erector $54.62 7A 4V 8Y View King Laborers Scale Person $54.62 7A 4V 8Y View King Laborers Sloper (Over 20") $55.62 7A 4V 8Y View King Laborers Sloper Sprayer $54.62 7A 4V 8Y View King Laborers Spreader (Concrete) $55.62 7A 4V 8Y View King Laborers Stake Hopper $54.62 7A 4V 8Y View King Laborers Stock Piler $54.62 7A 4V 8Y View King Laborers Swinging Stage/Boatswain $46.29 7A 4V 8Y View Chair King Laborers Tamper Et Similar Electric, Air $55.62 7A 4V 8Y View Et Gas Operated Tools King Laborers Tamper (Multiple Et Self- $55.62 7A 4V 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $55.62 7A 4V 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $54.62 7A 4V 8Y View King Laborers Topper $54.62 7A 4V 8Y View King Laborers Track Laborer $54.62 7A 4V 8Y View King Laborers Track Liner (Power) $55.62 7A 4V 8Y View King Laborers Traffic Control Laborer $49.50 7A 4V 9C View King Laborers Traffic Control Supervisor $52.45 7A 4V 9C View King Laborers Truck Spotter $54.62 7A 4V 8Y View King Laborers Tugger Operator $55.62 7A 4V 8Y View King Laborers Tunnel Work -Compressed Air $142.82 7A 4V 9B View Worker 0-30 psi King Laborers Tunnel Work -Compressed Air $147.85 7A 4V 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work -Compressed Air $151.53 7A 4V 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work -Compressed Air $157.23 7A 4V 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work -Compressed Air $159.35 7A 4V 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work -Compressed Air $164.45 7A 4V 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work -Compressed Air $166.35 7A 4V 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work -Compressed Air $168.35 7A 4V 9B View Worker 70.01-72.00 psi about:blank 3/4 1 /11 /22, 7:36 AM King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers about:blank Tunnel Work -Compressed Air $170.35 7A 4V 9B View Worker 72.01-74.00 psi Tunnel Work-Guage and Lock $57.41 7A 4V 8Y View Tender Tunnel Work -Miner $57.41 7A 4V 8Y View Vibrator $55.62 7A 4V 8Y View Vinyl Seamer $54.62 7A 4V 8Y View Watchman $42.08 7A 4V 8Y View Welder $55.62 7A 4V 8Y View Well Point Laborer $55.62 7A 4V 8Y View Window Washer/Cleaner $42.08 7A 4V 8Y View about:blank 4/4 EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -completed operations aggregate limit. EXHIBIT 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 Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. Page 1 of 2 .4CQR0& CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 12/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson Northeast, Inc. c/o 26 Century Blvd P.O. Box 305191 CONTACT Willis Towers Watson Certificate Center NAME: A/CNNo Ext : 1-877-945-7378 A/C No : 1-888-467-2378 ADDRESS: certificates@willis.com INSURER(S) AFFORDING COVERAGE NAIC# Nashville, TN 372305191 USA INSURERA: XL Insurance America Inc 24554 INSURED Beynon Sports Surfaces, Inc. 19600 SW 129th Ave., Suite A INSURERB: Travelers Property Casualty Company of Ame 25674 INSURERC: Travelers Indemnity Company of America 25666 INSURERD: Travelers Indemnity Company 25658 Tualatin, OR 97062 INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: W23060269 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM /DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO RE PREMISES(E. oNcurrDence)$ 500,000 MED EXP (Any one person) $ 10,000 A Y US00010327LI21A 05/01/2021 05/01/2022 PERSONAL& ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JECT ❑ LOC PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 3,000,000 BODILY INJURY (Per person) $ X ANY AUTO B OWNED SCHEDULED AUTOS ONLY AUTOS 4 TC2J-CAP-823K312A-TIL-21 05/01/2021 05/01/2022 BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? No (Mandatory in NH) N/A UB-8P793534-21-51-K 05/01/2021 05/01/2022 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Workers Compensation & UB-8P760619-21-51-R 05/01/2021 05/01/2022 E.L. Each Accident $1,000,000 Employer's Liability E.L. Disease-Pol Lmt $1,000,000 Work Comp - Per Statute E.L. Disease -Each E $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WC Policies: Policy # UB-BP793534-21-51-K - covers all other states. Policy # UB-BP760619-21-51-R - covers AZ, MA, OR, WI only. Project: Kent P&R (2 Sites): West Fenwick Park TC/PB & Kiwanis Tot Lot#1 BB at Kent, WA Synthetic Sports Surface CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent Parks & Recreation AUTHORIZED REPRESENTATIVE 220 Fourth Avenue South Kent, WA 98032 ,. ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 21930454 BATCH: 2337002 AGENCY CUSTOMER ID: LOC #: 'ORE) ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Beynon Sports Surfaces, Inc. Willis Towers Watson Northeast, Inc. 19600 SW 129th Ave., Suite A POLICY NUMBER Tualatin, OR 97062 See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Owner Beynon's Job # 2109-081 & 2109-082 Certificate Holder and City of Kent are included as Additional Insureds on the General Liability and Automobile Liability policy, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. It is further agreed that such insurance as is afforded shall be Primary and Non-contributory with any other insurance in force for or which may be purchased by the Additional Insureds, where required by written contract executed prior to loss and permitted by law. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 21930454 BATCH:2337002 CERT: W23060269 POLICY NUMBER: US00010327LI21A Effective: 05/01/21-22 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that you are required in As required per written contract a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury' or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: US00010327LI21A Effective: 05/01/21-22 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that you are required As required per written contract in a written contract or written agreement to include as an additional insured provided the "Bodily Injury" or "Property Damage" occurs subsequent to the execution of the written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © ISO Properties, Inc., 2004 CG 20 37 04 13 La ENDORSEMENT This endorsement, effective 12:01 a.m., May 1, 2021 forms a part of Policy No. US00010327LI21A issued to Tarkett Finance, Inc. by XL Insurance America, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contributing with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged. XIL 424 0605 ©, 2005, XL America, Inc. POLICY NUMBER: US00010327LI21A COMMERCIAL GENERAL LIABILITY Effective: 05/01/2021 - 05/01/2022 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): As required per written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations Schedule above: nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally C. obligated to pay as damages caused by "occurrences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical D. expenses shall reduce the amount available under the General Aggregate Limit or the Products -completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall Designated Construction Aggregate Limit. not reduce any Project General When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ Policy #TC2JCAP-823K312A Effective: 05/01/2021- 05/01/2022 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED- PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II. 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an addi- tional insured person or organization is the first named insured when the written contract or agreement between you and that person or or- ganization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy pe- riod, requires this insurance to be primary and non-contributory. CA T4 74 0215 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. GENERAL BUSINESS LICENSE APPLICATION File & Payment Date: 12/15/2021 City Selection: Business Location: Tualatin OR Cities Applied For: Kent Confirmation: 84H20W1 L Business Information: Legal Business Name: Beynon Sports Surfaces Inc Doing Business As: Beynon Sports Surfaces, Inc. Business Address: 19600 SW 129th Ave Ste A, Tualatin, OR 97062-8077 USA Phone: 503-563-6404 Primary Nature of Business: Service Payment Confirmation: 34952891715 Business Activity Description: Installation of synthetic sports surfaces. General construction NAICS Code: 238990 UBI: 6027356180010001 Is your organization recognized as a 501(c) (3) non profit organization by the Internal Revenue Service? FEIN 26-0007270 ri"We Is your business location in the City Limits of Tualatin YES For each City you selected, indicate the gross revenue/income you expect to earn in that City Annually, and enter your first date doing business in that City. Expected Gross Revenue/Income First Date of Business in City Kent: $50000.00 11 /30/2021 Contact Information: Contact Name: Hailey Levasa Date Printed: 1/10/2022 2:45:22 PM Page 1 of 3 Date Filed: 12/15/2021 FileLocal General Business License Application Contact Title: Accounts Receivable Email: hlevasa@beynonsports.com Phone: 503-563-6404 Fax: 503-692-0491 Web Address: Business Officials: Type of Business: Corporation Officer Type: Vice President Officer Name: Rob Gloeckner Officer Home Address: 19600 SW 129th Ave, Suite A, Tualatin, OR, 97062 Officer Home Phone: 503-563-6404 Reason For Applying: Reason For Applying: New City Business License City Specific Questions: Kent Select the option that best describes your business: Outside Contractor— located OUTSIDE the City of Kent Legal Entity Type Corporation Main Business Email Address hlevasa@beynonsports.com Will your business engage in selling, giving away, distributing, dispensing, exchanging for anything of value, planting, growing, processing, packaging, storing, or any other act relating to marijuana as that term is defined in RCW 69.50.101 ? No Do you rent housing property? No Is your business Home based? No Date Printed: 1/10/2022 2:45:22 PM Page 2 of 3 Date Filed: 12/15/2021 Filel-ocal General Business License Application Kent Is your business located in Kent? No Do you have 100 or more Full -Time employees? 0-99 Total # of Full -Time employees (32+ hours per week) (including working owners) 1 Total # of Part -Time Employees (<32 hours per week) 1 Notes: No notes were added to this application Applicant Information: Signature of Applicant: Title: Signature of Preparer: Additional License Fees Fee Year Amount Due Hailey Levasa Accounting Manager Hailey Levasa Fee Description 2022 $100.00 Kent Outside Contractor Business License Full Year 2022 $1.00 Kent Technology Fee Fee Subtotal: City Name Fee Description Kent $101.00 Annual Business License Subtotal: $101.00 Date Printed: 1/10/2022 2:45:22 PM Page 3 of 3 Date Filed: 12/15/2021 Signature: Email: japplegate@kentwa.gov Signature: Al Garin Lee (Jan 11, 202210:39 PST) Email: glee@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: d--:!! ' Brian Levenhagen (Jan 12, 202208:32 PST) Email: bj[evenhagen@kentwa.gov Beynon.Sports. Surfaces.2022 Final Audit Report 2022-01-12 Created: 2022-01-11 By: Janice Applegate Qapplegate@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAArW2FFvBj6QX3SMJ-jNdyRSmgtSOzXBgI "Beynon.SPorts. Surfaces.2022" History Document created by Janice Applegate (japplegate@kentwa.gov) 2022-01-11 - 5:37:32 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2022-01-11 - 6:01:24 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2022-01-11 - 6:01:27 PM GMT f-I Email viewed by Garin Lee (glee@kentwa.gov) 2022-01-11 - 6:38:54 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2022-01-11 - 6:39:47 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Tim Andrew (tandrew@beynonsports.com) for signature 2022-01-11 - 6:39:49 PM GMT Email viewed by Tim Andrew (tandrew@beynonsports.com) 2022-01-11 - 6:42:35 PM GMT- IP address: 136.226.55.86 00 Document e-signed by Tim Andrew (tandrew@beynonsports.com) Signature Date: 2022-01-11 - 7:57:57 PM GMT - Time Source: server- IP address: 136.226.55.86 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-01-11 - 7:58:00 PM GMT `s Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-01-12 - 0:46:58 AM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-01-12 - 1:11:28 AM GMT - Time Source: server- IP address: 146.129.252.126 a Adobe Sign 2+ Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-01-12 - 1:11:30 AM GMT 0 Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-01-12 - 4:30:23 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-01-12 - 4:32:08 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-01-12 - 4:32:08 PM GMT 0 Adobe Sign