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CAG2022-161 - Original - Custom Coating Consultants, LLC - 6MG1 Reservoir Recoating and Vent Replacement - 04/21/2022
Nancy Yoshitake for Brian Shields Public Works 04/19/2022 04/26/2022 N/A W20091 N/A Custom Coating Consultants, LLC Contract Other 6MG1 Reservoir Recoating and Vent Replacement Provide coatings related testing and inspection services for the project. $94,263.75 Other 4/19/22 4/21/22 CAG2022-161 ____Original GOODS & SERVICES AGREEMENT - 1 (Over $20,000, including WSST) GOODS & SERVICES AGREEMENT between the City of Kent and Custom Coating Consultants, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Custom Coating Consultants, LLC organized under the laws of the State of Washington, located and doing business at PO Box 73760, Puyallup, WA 98373, Phone: (253) 904-8999, Contact: Mark Ficca (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: The Vendor shall provide coatings related inspection and testing services for the 6MG1 Reservoir Recoating and Vent Replacement Project. For a description, see the Vendor's Scope of Work which is attached as Exhibit A and incorporated by this reference. The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall complete the work and provide all goods, materials, and services by December 31, 2023. III. COMPENSATION. The City shall pay the Vendor an amount not to exceed Ninety Four Thousand, Two Hundred Sixty Three Dollars and Seventy Five Cents ($94,263.75), including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor shall be paid after execution of agreement and submittal of invoices. GOODS & SERVICES AGREEMENT - 2 (Over $20,000, including WSST) Card Payment Program. The Vendor 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 Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor 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. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 Vendor 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 Vendor maintains and pays for its own place of business from which the Vendor’s services under this Agreement will be performed. C. The Vendor 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 Vendor’s services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor 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 Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor 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. GOODS & SERVICES AGREEMENT - 3 (Over $20,000, including WSST) VI. CHANGES. The City may issue a written amendment for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that an amendment is necessary, the Vendor must submit a written amendment request to the person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar days of the date the Vendor 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 Vendor'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 Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the amended work upon receiving either a written amendment from the City or an oral order from the City before actually receiving the written amendment. If the Vendor fails to require an amendment within the time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the amended work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the Vendor 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. VII.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 Vendor 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 Vendor 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 Vendor 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 Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VIII.CLAIMS. If the Vendor disagrees with anything required by an amendment, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events GOODS & SERVICES AGREEMENT - 4 (Over $20,000, including WSST) giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor 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 Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1.The date of the Vendor'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 Vendor is asserting a schedule change or disruption. B. Records. The Vendor 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 Vendor'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. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor 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. VENDOR 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 VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or GOODS & SERVICES AGREEMENT - 5 (Over $20,000, including WSST) should have known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor 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 Vendor, its sub-contractors, or any person acting on behalf of the Vendor 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. The Vendor 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. The Vendor 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 Vendor'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 Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'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 Vendor 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 Vendor’s part, then the Vendor 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 Vendor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Vendor 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 VENDOR'S RISK. The Vendor 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 Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. GOODS & SERVICES AGREEMENT - 6 (Over $20,000, including WSST) 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 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 the Vendor. 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 Vendor 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 Vendor'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 Vendor 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 Vendor 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 Vendor 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. 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. VENDOR: Print Name: iM OL V - C • f C-c 4 Its 40lJ hj- r/ M1 e m ker DATE: q 17 /A 0�-� NOTICES TO BE SENT TO: VENDOR: Mark Ficca Custom Coating Consultants, LLC PO Box 73760 Puyallup, WA 98373 (253) 904-8999 (telephone) (253) 904-8897 (facsimile) Custom Coating - 6MGt/Shieids CITY OF KENT: Print Name: Dana Ralph Its Mayor DATE: 04/21 /2022 NOTICES TO BE SENT TO: CITY OF KENT: Chad Bieren, P.E. City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5500 (telephone) (253) 856-6500 (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: L� 6wi) Kent City Clerk GOODS & SERVICES AGREEMENT - 7 (Over $20,000, including WSST) 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. For: Title: Date : `4 (-7 1 ?-6a�- EEO COMPLIANCE DOCUMENTS - 1 of 3 EEO COMPLIANCE DOCUMENTS - 2 of 3 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. EEO COMPLIANCE DOCUMENTS - 3 of 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: _________________________________________ EXHIBIT A WE REQUIRE A NET 30 COMPENSATION SCHEDULE ON ALL OUTSTANDING INVOICES AND APPRECIATE TIMELY REMITTANCE OF PAYMENT. INVOICES WILL BE E-MAILED. OUR DAILY TESTING REGIMEN WILL INCLUDE THE FOLLOWING: • MONITOR AMBIENT CONDITIONS • OBSERVE AND CONFIRM VISUALLY SURFACE PREPARATION COMPLIANCE PRIOR TO COATINGS APPLICATION • TEST FOR BLAST/SURFACE PROFILE ' TEST DRY FILM THICKNESS - EACH COAT • MONITOR COATING MIXING, THINNING AND RECOAT TIMES • DAILY CREATION OF QA REPORT WITH DIGITAL PHOTOGRAPHS * OBSERVE SURFACE CLEANLINESS PRIOR TO ADDITIONAL PAINT COATS • MONITOR/ ESTIMATE SQUARE FOOTAGE OF STEEL SURFACES PROCESSED EACH WORK DAY • CONFIRM STRIPE COAT APPLICATION AT WELD SEAMS AND OTHER HARD TO COAT AREAS - (IF SPECIFIED. WE WILL ONLY UTILIZE NACE CERTIFIED - INSPECTORS FOR PROJECTS WHOM ARE EMPLOYED BY CCC, NO SUBCONTRACTED INSPECTORS WILL BE USED. WE ANTICIPATE A TYPICAL 8.0 HR WORK DAY OR LONGER WHEN CONDUCTING DAILY SITE INSPECTIONS FOR COATINGS RELATED WORK- BOTH INTERIOR AND EXTERIOR. I WOULD ANTICIPATE THE PROJECT LENGTH FOR THIS JOB TO TAKE THE AWARDED CONTRACTOR 6 MONTHS TO COMPLETE THE INTERIOR AND EXTERIOR SURFACE PREPARATION AND COATINGS APPLICATION. IT'S ASSUMED THAT WE WILL VISIT THE SITE IN KENT, WA ON A DAILY BASIS. MY ESTIMATE IS 900.0 INSPECTION HOURS TOTAL 900.0 HRS. X $104.73 PER/HR = $94,263.75 - ESTIMATED TOTAL COST FOR INSPECTION SERVICES. WE LOOK FORWARD TO WORKING WITH YOU IN THE FUTURE. SINCERELY, MARK FICCA OWNER/MEMBER NACE COATING INSPECTOR - LEVEL 3 CERTIFIED W/ BRIDGE #9943 CUSTOM COATING CONSULTANTS, L.L.C. 2 EXHIBIT B INSURANCE REQUIREMENTS FORCONSULTANT 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. 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 City shall be named as an 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. 3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant ’s profession. 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 $2,000,000 each occurrence, $2,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. EXHIBIT B (Continued) 3. Professional Li bility insurance shall be written with limits no less than $,0 0,000 per claim and $,00,000 policy aggregate limit. 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 Contractor 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. AC'nKr .x. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrrYYY) 04/ 18/2022 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 be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT USI INSURANCE SERVICES LLC/PHS 41715776 PHONE (877)532-3486 (AIC, No, Ext): FAX (888)443-6112 (A/C, No): The Hartford Business Service Center E-MAiL 36GO Wiseman Blvd San Antonio, TX 78251 ADDRESS INSURERIS) AFFORDING COVERAGE NAICs INSURED INSURER A: Hartford Casualty Insurance Company 29424 CUSTOM COATING CONSULTANTS INSURER B: PO BOX 23789 INSURER C : FEDERAL WAY WA 98093-0789 INSURER D : INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY 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 TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 CLAIMS -MADE OCCUR Fx] DAMAGE TO RENTED PREMISES (Ea o=rrenoe) $300,000 General Liability X MED EXP (Any one person) $10,000 A X , 41 SBA ES5039 04/13/2022 04/13/2023 PERSONAL & ADV INJURY $2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERA] AGGREGATE $4,000,000 JECT POLICY El PRO LOC FX PRODUCTS - COMPIOP AGG $4,000,000 OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT c t ANY AUTO BODILY INJURY (Per person) ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE HIRED NON -OWNED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR CLAIMS. MADE ED RETENTION $ WORKERS COMPENSATION PER I 1OTH- AND EMPLOYERS' UABIUTY TAT TE EL EACH ACCIDENT $1.000.000 ANY YIN A PROPRIETORPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/ A 41 SBA ES5039 04/13/2022 04/13/2023 E L DISEASE -FA EMPLOYEE $1 ,000.000 (Mandatory in NH) If yes. describe under E L DISEASE - POLICY LIMIT $1 .000,000 RIPTI N OF OPERATIONSbelow A EMPLOYMENT PRACTICES LIABILITY 41 SBA ES5039 04/13/2022 04/13/2023 Each Claim Limit Aggregate Limit $5.000 $5.000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedufe, may be attached if mom space is required) Those usual to the Insured's Operations. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 220 4TH AVE S BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED KENT WA 98032 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD (oupun`4 nh Coll12!ou 8200 D6q C0wbsp6u2!,'`s MO Dsq 2j9j6q ruionuj 230000 70332nBrM XACB0221bEKIESC1H2LHHSS17H B090121g6 712212j9bCs 2616c[6q Coll!2!ou 2200 D6q CowbLspsunp e 2200 D6q S011CWCCVHAOVi 1C1bODEJIHMLea 2cprgnlGq gnju oulA DGLICLobpou ®} r®cg4l®u\Ac;plcic2\2bGcagl I#sw2 Hnsq rnjo Boq!IA IulmA%Wb6gA DgwgdG 251000'000 Cowplusq 2!udis j!w!j Ewblon,eq Hou-omueq rnjo BIbD 23'000'000 Cowp!u6q 2mals juuq Dug6uu2nL6q Wojou2j VObRO Dswsd6 2J'000'000 M\2J00 D6q Q300 It H4 V bnu) Dug6uu2ra6q Wojou2j Boq!IA iuhn $S'000'000 Cowp!u6q 2!uals j!w!j BoggA Iuln0,\bLobG A Dgwgas $3'000'000 Cowp!usq 2!uals j!w!j ............................................................................................... �uzmaucs csns;adslz) .......................................................................... ;iwuz 60116', E}I6uIA6 D916: 26b Ja' SOS bol!cA Exb!Lgjlou D9j6: 2sb Ia' SOSS couq!j!ou2 o{ jp626 boi!c!62 Jp6 COAGMG2 94OLg6q pA jp6 bol!ci62 jpi q P610M 9L6 2np)6Q j0 91l jp6 j6LW2' 6Xcjn21ou2' IWIj9jiou2' 6Ug0L26W6uj2' 9Uq jp6 CGLIIIIC9j6 polg6L 9Uq g062 UOj Cp9Ua6' 91j6L' WOgIj/�' OL 6Xj6Uq jp6 COAGL9a62 ggoLg6q PA jp6 bolici62 li2j6q p6lOM' U9W6q 9poA6 �m jp6 b6U0q(2) Iugic9j6q1pI2 C6LTipc9j6 12 I22n6q JOL IUJOLW9jI0U bnLb0262 OuIA' if c0U[6L2 UO Liapj2 nbou 1p!2 gocnw6Uj cafq!62 jp9j IU2nL9uc6 bOIICi62 ig6ujlll6q p6I0n p9A6 p66u i22n6q pn jp6 g62lau9j6q Iu2ma j0 jp6 IU2m q bVVrFnb' Mr a83A bO BOX AAeo 21,111 rH10HI01X \8588 covufirNl2 rrc a8OO EBDBUMC HU',CM cn210VV COr11VIC Rl V il32 rCCA IVIC juzmsq Vdsub\grt;bjnz f!usz gwKs; KEpll' Mr a803S SSO d1H'dXE 2 Cilh O E KE VI l rgq!j!ougl Ium q ................................................................................................................................................................................................. cs;aiaicsas naigsa r��<�i1 I it 11� 11 J11 6sh I of S dbol ]a' S0`; quireq Eiugucgl c92n91p cowbgO, qug6uv,LIg6U p71' 18DO d33d38� b01 CA unwpG;: 03iaND-1 Clsnslnuq' OH IIJO1 bO Boa a4a03 bloaL6221f,6 %o%URMIIM RAMU' M, 1OK5vied3a C6a4!4lC9 G UHWp6a h,as � o, s bOPCA unwpGc: 03taND-1 Coverage Type Occurrence/Claims Made Coverage General Aggregate Each Claim Professional Liability Claims Made Limit 1,000,000 incl defense expenses 1,000,000 incl defense expenses Deductible 5,000 including defense expenses A "Claims Made" Policy — "Claims Made" means coverage is afforded only for those losses, which are reported within the policy period. Wrongful Acts: Any actual or alleged breach of duty, error, misstatement, misleading statement or omission done or attempted by the Assureds while in the performance of the Professional Services of the Insured. Professional Services: Solely in the performance of providing Professional Services as Consulting Services, Independent testing and inspection for others for a fee Loc # Classification 00001 Coating Adherence Testing, inspection, consulting for others for a fee Class Code Premium Basis Exposure 24817 Gross Sales 210,000 estimated 5 PolicyPremium Summarn Policy # Effective/Expiration Line of Company Total Policy Business Premium HPL1200189 05/13/2021 - Professional Certain $4,675 05/13/2022 Liability Underwriters at Lloyds Lloyds Taxes/Fee $ 98.18 Total $4,773.18 Warranties The Assureds shall obtain and maintain general liability coverage with limits equal to or greater than the limit of this policy from an "A" rated (Best's) insurer. Minimum Earned Premium-25% *All quoted premiums are annual estimates and may change I Premium Payment Plan: Agency Bill, Financing is available. Hentschell & Associates may also receive annual "contingent" and other compensation from one or more of the insurance companies we have used in this proposal. Be assured that the above has had no bearing whatsoever on our choice of companies to use for your account. This is standard with most companies and requires us to have a good overall loss ratio with the company and meet certain other criteria. 3 Form SS 00 08 04 01 BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 1 1 2 2 3 B. EXCLUSIONS 4 C. WHO IS AN INSURED 9 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 12 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 13 1.13 2.13 3.14 4.14 5.14 6.14 7.14 F. OPTIONAL COVERAGES 15 15 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 17 Form SS 00 08 04 01 Page 1 of 20 BUSINESS LIABILITY COVERAGE FORM C G a. b. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. (1) D. (2) b. (1) (a) (b) (2) c. 2. MEDICAL EXPENSES Insuring Agreement a. (1) (2) BUSINESS LIABILITY COVERAGE FORM Page 2 of 20 Form SS 00 08 04 01 (3) (a) (b) (c) b. (1) (2) (3) 3. PROFESSIONAL SERVICES COVERAGES a. j. (7)B. b.j. (10)B. c. (1) D. (a) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (b) (i) (ii) (2) (a) (b) (c) (d) (e) (3)d. e. f.k. B. (4) Additional Definition 4. INCIDENTAL MALPRACTICE COVERAGE a. G. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 3 of 20 b.2.a.(1)(d)C. a. c.(1)e.B. a. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS 1. a. b. c. d. e. f. g. a.g. 2. a. b. c. d. e. f. (1) (a) (b) (c) (d) (2) (a) (b) BUSINESS LIABILITY COVERAGE FORM Page 4 of 20 Form SS 00 08 04 01 1.b.(b) B. a. b. f. B. EXCLUSIONS 1. Applicable to Business Liability Coverage a. Expected or Intended Injury (1) (2) b. Contractual Liability (1) (2) (a) (b) (i) (ii) c. Liquor Liability (1) (2) (3) d. Workers Compensation and Similar Laws e. Employer’s Liability (1) (a) (b) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 5 of 20 (2) (1) (1) (2) f. Pollution (1) " (a) (i) (ii) (iii) (b) (c) (i) (ii) (d) (i) BUSINESS LIABILITY COVERAGE FORM Page 6 of 20 Form SS 00 08 04 01 (ii) (iii) (e) (2) (a) (b) g. Aircraft, Auto or Watercraft (1) (a) (b) (2) (3) (a) (b) (3) (1)(3) g. (1)(3) (4) (5) (6) f.(2)f.(3) h. Mobile Equipment BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 7 of 20 (1) (2) i. War j. Professional Services (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (4)(5) 4. A. k. Damage to Property (1) (2) (3) (4) (5) (6) (1) (3) (4) D. (2) (3) (4) (3) (4) (5) (6) (4) BUSINESS LIABILITY COVERAGE FORM Page 8 of 20 Form SS 00 08 04 01 (6) l. Damage to Your Product m. Damage to Your Work n. Damage to Impaired Property Or Property Not Physically Injured (1) (2) o. Recall Of Products, Work Or Impaired Property (1) (2) (3) p. "Personal and Advertising Injury": (1) (2) (3) (4) (5) (6) (7) (a) (b) (c) (8) (a) (b) (c) a.b.c. G. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 9 of 20 (9) (10) (11) (12) (a) (b) (c) (13) (14) c. i. k. l. m. and n. D. 2. Applicable to Medical Expenses Coverage a. Any Insured b. Hired Person c. Injury On Normally Occupied Premises d. Workers Compensation And Similar Laws e. Athletics Activities f. Products-Completed Operations Hazard g. Business Liability Exclusions h. War C. WHO IS AN INSURED 1. a. b. c. d. e. 2. BUSINESS LIABILITY COVERAGE FORM Page 10 of 20 Form SS 00 08 04 01 a. (1) (a) (b) (1)(a) (c) (1)(a) (b) (d) (2) (a) (b) b. c. (1) (2) d. e. f. Additional Insureds by Contract, Agreement or Permit (1) (2) g. (3) Coverage under this provision includes the following: (1)engineer architect surveyor 2.f. (a) (b) (2)lessor of leased equipment 2.f. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 11 of 20 (a) (b) (3)owners or other interests from whom land has been leased 2.f. (a) (b) (4)managers or lessors of premises 2.f. (a) (b) g. Additional Insured - Broad Form Vendors (1) (a) (b) (c) (d) (e) (f) (g) (2) (3)g. (4) g. h. Broad Form Named Insured BUSINESS LIABILITY COVERAGE FORM Page 12 of 20 Form SS 00 08 04 01 i. Newly Formed or Acquired Organizations (1) (2) (a) (b) j. Additional Insured – Volunteer Workers (1) (a) (b) (i) (ii) (1) (a) (c) (i) (ii) 3. Additional Insured - Mobile Equipment a. b. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. a. b. c. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 13 of 20 2. Aggregate Limits a. b. 3.2. 4.2. 5. 3. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy 2. Duties in The Event of Occurrence, Offense, Claim or Suit a. (1) (2) (3) (1) (2) (3) (4) (5) b. (1) BUSINESS LIABILITY COVERAGE FORM Page 14 of 20 Form SS 00 08 04 01 (2) 2 .a. (1)(5) c. (1) (2) (3) (4) d. 3. Financial Responsibility Laws a. b. 4. Legal Action Against Us a. b. 5. Separation of Insureds a. b. 6. Unintentional Failure to Disclose Hazards 7. Other Insurance - Primary Additional Insured a. Primary Insurance b. b. Excess Insurance (1) (a) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 15 of 20 (b) (c) (d) g. A. (2) (1) (2) c. Method of Sharing F. OPTIONAL COVERAGES 1. Additional Insured - Designated Person or Organization C. 2. Additional Insured - Managers or Lessors of Premises a.C. b. (1) (2) 3. Additional Insured - Grantor of Franchise C. 4. Additional Insured - Lessor of Leased Equipment a.C. b. BUSINESS LIABILITY COVERAGE FORM Page 16 of 20 Form SS 00 08 04 01 (1) (2) 5. Additional Insured - Owners or Other Interests From Whom Land Has Been Leased C. a. b. 6. Additional Insured - State or Political Subdivision - Permits a.C. b. (1) (2) 7. Additional Insured - Vendors a.C. b. (1) (a) (b) (c) (d) (e) (f) (g) (2) (3)7. BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 17 of 20 (4)7. 8. Additional Insured – Controlling Interest C. a. b. 9. Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization. C. 10. Additional Insured – Co-Owner of Insured Premises C. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. a. (1) (2) (3) (4) (5) b. c. a. b. 2. 3. 4. 5. a. b. a. c. (1) a. (2) a (3) 6. 7. BUSINESS LIABILITY COVERAGE FORM Page 18 of 20 Form SS 00 08 04 01 8. 9. a. b. a. b. 10. a b. c. d. e. f. f. (1) (a) (b) (2) (1) 11. 12. a. b. c. 13. a. b. c. d. (1) (2) BUSINESS LIABILITY COVERAGE FORM Form SS 00 08 04 01 Page 19 of 20 e.a. b. c.d. (1) (2) f.a. b. c.d. (1) (a) (b) (c) (a) (b) (c) (2) (3) 14. 15. a. b. c. d. e. f. g. h. (1) (a) (b) (2) h. 16. 17. a. (1) (2) b. (1) BUSINESS LIABILITY COVERAGE FORM Page 20 of 20 Form SS 00 08 04 01 (2) (3) c. (1) (2) 18. a. b. 19. a. b. 20. 21. 22. a. (1) (a) (b) (c) (2) b. (1) (2) c. 23 a. (1) (2) b. (1) (2)