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HomeMy WebLinkAboutCAG2022-223 - Original - Matvey Foundation Repair Inc. - Three Friends Fishing Hole Leveling of the Restroom Building - 05/23/2022ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingComments: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Sup/Mgr: rev. 20210513 FOR CITY OF KENT OFFICIAL USE ONLY * Memo to Mayor must be attached Jan Apple Dir. Assist: Dir/Dep Dir: 4 Jan Applegate Parks, Recreation & Community Services 05/23/2022 as soon as possible n/a 15106404.64190.5498 858W 4 4 N/A Contract 2484147 Original as soon as possible Other 08/31/2022 4 4 4 $8,096.48 GL RL RL BL PUBLIC WORKS AGREEMENT - 1 ($20K or Less and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Matvey Construction, Inc. dba Matvey Foundation Repair Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Matvey Construction, Inc. dba Matvey Foundation Repair Inc. organized under the laws of the State of Washington, located and doing business at 18915 16th Avenue South, Seatac, WA 98188; Contact: Roger Fallows, Phone: (682) 716-7934 (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: Contractor will perform poly concrete leveling to the restroom building at Three Friends Fishing Hole located at 19970 Russell Road, Kent, WA 98032 per the attached Proposal dated 5/19/2022 attached and marked 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 30 calendar days 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. 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 EIGHT THOUSAND NINETY SIX DOLLARS AND FORTY EIGHT CENTS ($8,096.48), 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 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. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final 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. Retainage. 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. 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. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) 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 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. PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 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 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: PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) 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). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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. 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. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) 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 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 PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) 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 - 8 ($20K or Less 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: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Garin Lee Its: Parks Superintendent DATE: NOTICES TO BE SENT TO: CONTRACTOR: Roger Fallows Matvey Construction, Inc. dba Matvey Foundation Repair Inc. 18915 16th Avenue South Seatac, WA 98188 (682) 716-7934 (cell) or (253) 327-1650 (telephone) n/a (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen, Support Services Field Supervisor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 508-9548 (cell) or (253) 856-5133 (telephone) (253) 856-6120 (facsimile) ATTEST: Kent City Clerk Garin Lee (May 23, 2022 16:52 PDT) 05/23/2022 Bradley J Hawthorne (May 23, 2022 16:55 PDT) Bradley J Hawthorne Bradley J Hawthorne Chief Operating Officer 05/23/2022 EEO COMPLIANCE DOCUMENTS - 1 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ Bradley J Hawthorne (May 23, 2022 16:55 PDT) Bradley J Hawthorne Matvey Foundation Repair Chief Operating Officer 05/23/2022 EEO COMPLIANCE DOCUMENTS - 2 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 3 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: ___________________________________________ For: __________________________________________ Title: _________________________________________ Date: _________________________________________ BIDDER RESPONSIBILITY CRITERIA - 1 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 (05/12/2022), 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. Matvey Construction, Inc. dba Matvey Foundation Repair Inc. By: ___________________________________________ Signature of Authorized Official* Printed Name: __________________________________ Title: _________________________________________ Date: _________________________________________ City and State: _________________________________ *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co - partnership, proposal must be executed by a partner. Bradley J Hawthorne (May 23, 2022 16:55 PDT) Bradley J Hawthorne Bradley J Hawthorne Chief Operating Officer 05/23/2022 SeaTac, WA This evaluation was prepared for: Andy Martin 19970 Russell Road Kent, WA 98032 (253) 569-6940 | amartin@kentwa.gov Proposal Date Thursday, May 19, 2022 Evaluated by: Roger Fallows (Renton) (682) 716-7934 | rogerf@gomatvey.com Matvey Foundation Repair 18915 16th Ave S SeaTac, WA 98188 Office: 253-327-1650 https://www.GoMatvey.com/ Page 1 of 11 EXHIBIT A Main Office 18915 16th Ave S,SeaTac, WA, 98188 Job Location 19970 Russell Road, Kent, WA 98032, United States https://www.GoMatvey.com/ 253-327-1650 18915 16th Ave S SeaTac, WA, 98188 $7,353.75 $7,353.75 (10.1%) $742.73 $8,096.48 $8,096.48 Project Summary Poly Concrete Leveling Total investment Estimated Sales Tax Total contract price Amount due upon completion Customer Consent: If the foundation (including foundation walls, footings and/or concrete slab) is found to be in too poor of condition to safely complete the contracted work, additional work and associated costs will be required. Any alteration in scope and/or cost will only be made after a consultation and approval between Matvey Foundation Repair and Customer. While Matvey Foundation Repair Foundation Systems will do its best to evaluate the condition of the foundation concrete prior to work commencing, Matvey Foundation Repair is not responsible for any damage that occurs as the result of failing foundation concrete. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. This Proposal is based primarily on the Customer’s description of the problem. This Proposal may be withdrawn if not accepted by the Customer within 30 days. Authorized Signature __________________________ Date __________________________ Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, (together, the "Contract"). You are authorized to do the work as specified in the Contract. I/we will make the payment set forth in this Contract at the time it is due. I/we will pay your service charge of 1 and 1/3% per month (16% per annum) if my/ our account is 30 days or more past due, plus your attorney's fees and costs to collect and enforce this Contract. Customer Signature ____________________________ Date __________________________ Tax rate will be adjusted if necessary on final invoice Initial ___________ A 1% Credit Card Fee will be applied to all credit card charges Initial __________ Page 2 of 11 Main Office 18915 16th Ave S,SeaTac, WA, 98188 Job Location 19970 Russell Road, Kent, WA 98032, United States Product List Description Quantity Concrete Crack Sealant Clean up and prepare crack as needed and apply joint sealant. 5 year warranty on crack repair if part of CPS. 1 year warranty if stand alone. Base Price: 30'+228.98 ft Concrete Protection System CPS part 1 Stabilize concrete slabs with PolyLEVEL 136.94 sq ft Poly Concrete Leveling Base Price: 2 - 4" down 365.41 sq ft Poly Concrete Leveling Mobility Fee Poly Concrete Leveling Mobility Fee Base Price: Mobility Fee 1 Subtotal $7,353.75 Estimated Sales Tax (10.1%) $742.73 Total $8,096.48 Additional Information Job Notes Will attempt lift of two right side panels of restroom entry to original position. Will stabilize left panel to prevent settlement and cracking. Will seal joints between work area panels and perimeter of building including sidewalk joints. Will seal all joints in picnic area. Five year warranty. Page 3 of 11 Main Office 18915 16th Ave S,SeaTac, WA, 98188 Job Location 19970 Russell Road, Kent, WA 98032, United States Detail Plan Concrete Crack Sealant 228.98 ft Concrete Protection System 136.94 sq ft Poly Concrete Leveling 365.41 sq ft Page 4 of 11 Terms & Conditions: 1-COST: contract price shall remain valid for 30 days from the date hereof. After that, the contract price is subject to change based upon changes in the cost of labor and materials. 2-Terms: Any alteration to and/or deviation from the terms on this contract must be signed by client(s) and contractor to be valid. 3-Payment terms: Balance due upon completion. To be eligible for a full refund, customer must cancel the contract within 5 business days after contract signing. If a cancellation is made after 5 business days, Matvey Foundation Repair may retain up to 10% of total contract amount. 4-Matvey Foundation Repair agrees to furnish the labor, materials and accessories to complete the work specified in the contract proposal. If there are unforeseen conditions which make it unsafe or impossible to complete all work as planned, the remaining work will be excluded from this contract and Matvey Foundation Repair will reimburse the customer/homeowner for any work not completed. 5-DELAYS: Matvey Foundation Repair will/shall not be held liable for any delay in the performance of this contract/proposal due to City, County or State requirements, acts of God and/or third-party entities. Matvey Foundation Repair will not be responsible for installation failure caused by natural or manmade disasters. While Matvey Foundation Repair always tries to keep all scheduled appointments on track and on time it is not always possible and scheduled times can change without notice. 6-DISPUTE RESOLUTION: both parties agree to mediation to resolve their differences. If mediation is not successful and legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to collect any judgment or settlement sums due plus reasonable attorney’s fees, court costs and other expenses incurred. 7-WARRANTY: Matvey Foundation Repair provides a free Limited Lifetime warranty on Residential structural steel products, a 25-year warranty on Residential Poly Concrete Leveling, a 15-year warranty on Residential Concrete Coatings and a lifetime limited warranty on waterproofing (see actual written warrantees for details and limitations) all of which is transferable once. Standard warranty for Commercial applications is 5 years unless otherwise noted. All warranties are conditional on payment in full per terms of contract and the client signature on the final invoice. Final reports and warranty will be issued by Matvey Foundation Repair upon project completion within 10 business days of receiving payment in full and final invoice signed by client. 8-LIFTING & LEVELING: Due to multiple factors (i.e., existing building defects, previous attempts at leveling, etc.), Matvey Foundation Repair does not warrant that the “Project” will be entirely level upon completion of the job. Moreover, Matvey Foundation Repair is sometimes unable to achieve full lift due to Concrete Defects, Site Conditions, Structural Issues and other onsite conditions. When lifting a structure or concrete surface that has settled over time, there is the possibility of damage occurring. Page 5 of 11 Any installations that were done in the past (doors, windows, etc.) may be affected by the lifting of a structure or concrete surface. Cracking of concrete or drywall may occur. Moreover, lifting settled areas may cause weight transfer to other portions of the structure or slab which can potentially sink. Matvey Foundation Repair will use extreme care to prevent and/or minimize any damage/alteration but will not be responsible for such damage or repairs. If you are concerned about the likelihood and extent of such potential damages, please discuss with your design technician. I/We realize that lifting is not always possible and is in not guaranteed: ________________ I/We wish to only stabilize the Structure and/or concrete surface only: ________________ 9-UNDERGROUND UTILITIES: Matvey Foundation Repair will make every reasonable effort to preserve the integrity of underground utilities, surrounding landscaping, sprinkler systems, etc. However, Matvey Foundation Repair will not be liable for any damage to above structures caused by installation of scope of work. The Homeowner at their own expense is responsible to mark any and all underground utilities, surrounding landscaping, sprinkler systems, etc. not marked by the public utility location service. 10-If Matvey runs the risk of hitting trees or damaging our vehicles to get access to the job site, we will notify customer and discuss best options. Vehicle access require 11' of height clearance. 11-CLIENT(S) RESPONSIBILITES: Client(s) responsible, but not limited to, all city fees, permits, all engineering, surveying and homeowner insurance requirements. Matvey Foundation Repair reserves the right to alter/modify the design, installation methods, layouts, and products in order to better accommodate client’s scope of work. Per Code an outlet must be within 6 feet of t he sump pump. If no outlet currently exists, homeowner is responsible for having a 20-amp outlet installed within 6 feet of each new sump pump. If client does not have the work area(s) cleared to expose worksite to a minimum setback of 7’ for waterproofing, entire surface of work for PennTek Coatings and Poly Concrete work, and 4’ from any structural work when crews arrive Matvey will bill customer for time loss at the rate of $2500 per day. 12-UNANTICIPATED CONDITIONS: Additional fees will apply if concrete demo work required apart from standard slab of 4"-6" in depth and footing dimensions of 16"-20" width x 8"-14" depth. If concrete disposal is not included in the bid, additional fee will apply. Additional fees will apply if excavation of more than 3' is needed to install foundation repair products. 13-PROPOSAL SCOPE: Proposal is based upon a site inspection without extensive information or knowledge of original construction or previous repairs. At times we encounter various obstacles or attempted repairs that impede our progress. These repairs may or may not be known to the owner and we will do what is necessary to avoid such obstacles, however if extra work involving additional manpower or trades are required, we will contact the owner immediately to discuss how the work shall progress. Page 6 of 11 14-Matvey Foundation Repair will not be held responsible for: • Purchase, placement, and compaction of fill soils if needed • Slumping of soils over time after back-filling excavation pits which is normal • Matching new concrete color and texture with existing surfaces - regular grey concrete is used • Any preparatory work such as moving personal possessions, furniture, etc. • Removal of any asbestos-containing materials. Homeowners are allowed to remove asbestos without a license, contractors are not. Floor tiles that are 9” x 9” might contain asbestos and must be removed beyond our work area two row wide prior to arrival. For more information, please visit www.health.state.wa.us/divs/eh/asbestos/floortile/index.html • Removal of any landscaping or plants to be salvaged. • Final grade work and landscaping. • Any carpentry work, painting, paneling, cutting walls, or other finishing work that the Client may want to be done before and after the project is finished. • Any electrical work that may be needed, see below under "What Clients need to do to prepare for their project prior to our arrival". • Matvey Foundation Repair does not assume responsibility or liability for Client’s pets or neighborhood animals. • Cleaning, dusting, and washing or general housekeeping of personal property. • Final inspection is the responsibility of the homeowner. 15-PROJECT DURATION: On average: 1-5 days for structural & waterproofing repairs and 1-2 days for Poly Concrete Leveling and Concrete Coatings repairs but can vary based of scope of project and can change without notice. 16-THIRD PARTY FEES: Customer understands that Matvey Foundation Repair will not charge the Customer's deposit for Engineering and/or permits, the Customer will need to pay them directly as they are a third party. If engineer of record or governing jurisdiction require a full Geotechnical Report to acquire a permit, a geotechnical firm will need to be hired based on access and scope of report at customers sole expense as a third party. Matvey will not be responsible for any of these fees associated with any and all “Third Parties”. 17-PERMITTING: Washington State REQUIRES that all city and counties enforce the International Building Codes (IBC) in their jurisdictions. The IBC requires that any building or structure being altered or repaired must obtain a permit. Washington State also requires that the Engineer Designs and Calculations along with any Geotechnical reports required for certain jobs be signed and sealed by a “Third Party” Engineer and/ or Geotech. PERMITTING IS THE SOLE RESPONSIBILTY OF EACH HOMEOWNER AND MATVEY FOUNDATION REPAIR IS IN NO WAY LIABLE FOR ANY COSTS AND/OR REQUIREMENTS OF THE PERMITTING PROCESS. 18-MATVEY’S PERMITTING COORDINATOR (only if applies): Matvey Foundation Repair manages your permit process by coordinating all Engineering, Geotechnical, City and/or County inspections. We will supply a site plan and arborist plan if required. Matvey Foundation Repair will assist with all required applications and instruct the customer on who to pay and when. Matvey Foundation Repair will close out all permits and the end of the job except the City of Seattle. The City of Seattle requires the Page 7 of 11 Geotechnical firm of record to close the permit and Matvey Foundation Repair shall not be held responsible for any delay and/or fees with this final process, we will attempt to help with the communications and process. 19- EXISTING FOOTINGS: Customer understands if the Stabilizers Post Replacement are utilized on the existing concrete pier pads, there is NO warranty against settlement, and that any future adjustments will be an additional charge. 20- WATERPROOFING – Matvey Foundation Repair will only warranty the exact area of repair. Because we can not see under concrete field conditions maybe result in changes to the original scope of work, we will do what is necessary to avoid such obstacles, however if extra work involving additional manpower or material are required, we will contact the owner immediately to discuss how the work shall progress. 21- GENERAL FIREPLACE DISCLOSURE: If you have a fireplace, please know that Matvey Foundation Repair cannot cover the fireplace area under warranty. Matvey Foundation Repair is not responsible for any fireplace bricks that may loosen from installing drain tile around the area. 22- GENERAL FLOOR COVERING DISCLOSURE: 24-Asbestos Tile: Asbestos tiles were popular in the United States in homes built between 1920's and the 1980's. Typically asbestos tiles are 9" by 9" but were manufactured in different sizes. The homeowner is responsible for testing suspect tile prior to the arrival of the installation crew. State law prohibits the removal of asbestos tile by the installation crew. Matvey Foundation Repair recommends hiring an asbestos abatement company to remove any tile in effected work areas. You as a homeowner are allowed to remove the tile but it is recommended to follow state code for removal. You can find additional information for removal online. 23- Floor Coverings: Matvey Foundation Repair is not responsible for damage to any floor coverings of personal belongings due to wicking. Floor coverings: The homeowner is responsible for removing any floor coverings prior to the arrival of the installation crew. 24- NEW CONCRETE: After your Matvey Foundation Repair drain tile system has been installed it is recommended to leave fresh concrete exposed for a period of no less than 30 days to allow the concrete to cure. 25- Hazardous Working Environment: • Matvey Foundation Repair shall have no obligation to perform any Work that may disturb, threaten to disturb, or require Matvey Foundation Repair, its employees, or subcontractors to come in contact with hazardous substances (as defined by applicable federal, state and local law) existing on the Site or brought onto the Site by anyone other than Matvey Foundation Repair, its employees or subcontractors. If, during performance of the Work, Matvey Foundation Repair encounters any material located on the Site that Matvey Foundation Repair believes to be a hazardous substance, Matvey Foundation Repair may immediately cease all portions of the Work that may disturb or threaten to disturb such hazardous Page 8 of 11 substances, or which could endanger Matvey Foundation Repair employees or subcontractors. To the fullest extent permitted by law, Client shall indemnify, defend and hold harmless Matvey Foundation Repair, its consultants, agents, employees, subcontractors, or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in areas in which hazardous substances are present. 26- Disclaimer Water Management Iron Ochre What is Iron Ochre or Iron Bacteria? Iron bacteria are a natural part of the environment. A live colony of microorganisms combines dissolved iron or manganese with oxygen and use it to form rust-colored deposits. Iron bacteria use this food source (iron ocher) like humans use oxygen. In the process, the bacteria produce a brown slime that builds up on drains, pipes, and plumbing fixtures. Iron bacteria is a non-disease producing bacteria that do not cause any health disorders in the people, and in wells, it does not cause health problems, but they only have some unpleasant effects such as undesirable taste and odor in the water. Iron bacteria need water for their growth and multiplication which may probably, later on, lead to expensive treatments. So, it is better to prevent its occurrence. Signature of Customer: _____________________________________ Date: _______________ Page 9 of 11 Department of Labor and Industries Construction Compliance DISCLOSURE STATEMENT - NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration no.CC MATVEFR837K5, and has posted with the state a bond or deposit of $12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor’s business. The expiration date of this contractor’s registration is 6-15-2023. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12,000.00 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help ensure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be lien to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL “LIEN RELEASE” DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR AT YOUR PROJECT. The contractor is required to provide you with further information about lien release document if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement. The contractor must retain a signed copy of the disclosure statement in his or her files for a minimum of three years, and produce a signed or electronic signature copy of the disclosure statement to the department upon request. Signature of Customer: ______________________________ Date: ________________ Page 10 of 11 Page 11 of 11 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: 5/23/2022 County Trade King Laborers King Laborers King La or r King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King La or r King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King (Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King (Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King (Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers Job Classification Wage Holiday Air, Gas Or Electric Vibrating Screed $54.62 15J Airtrac Drill Operator $56.31 15J Ballast Regular Machine $54.62 151 Batch Weighman $46.29 15J Brick Pavers $54.62 15J Brush Cutter 1 $54.62 15J Brush Hog Feeder $54.62 15J Burner $54.62 15J Caisson Worker Carpenter Tender Cement Dumper -paving Cement Finisher Tender Change House Or Dry Shack Chipping Gun (30 Lbs. And Over) Chipping Gun (Under 30 Lbs.) Choker Setter Chuck Tender Clary Power Spreader Clean-up Laborer Concrete Dumper/Chute Operator Concrete Form Stripper Concrete Placement Crew Concrete Saw Operator/Core Driller Crusher Feeder Curing Laborer Demolition: Wrecking rx Moving (Incl. Charred Material) 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 It 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 f3 water on concrete & rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) Pavement Breaker Pilot Car Pipe Layer (Lead) Pipe Pot Tender Pipe Reliner Pipe Wrapper Pot Tender Powderman Powderman's Helper $56.31 15J $54.62 15J $55.62 151 $54.621 15J $55.621 15J $54.62 15J $54.62 15J $54.62 15J $55.62 15J $54.62 >� $55.62 15J $54.62 15J $55.62 15J $55.62 15J $46.29 15J $54.62 15J $54.62 15J $54.62 >u $56.31 15J $55.62 15J $54.62 15J $54.62 15J $54.62 15J $54.62 15J $55.62 15J $54.62 >11 $46.29 15J $54.62 15J $54.62 15J $57.31 15J $54.62 15J $54.62 15J $55.62 >5J $54.62 15J $56.31 15J $55.62 15J $54.62 15J $56.31 15J $55.62 15J $55.62 15J $54.62 >5J $55.62 15J $54.62 15J $55.62 15J $57.31 15J $55.62 15J $46.29 15J $57.31 15J $55.62 $55.62 15J $55.62 15J $55.62 15J $54.62 15J $56.31 15J $54.62 15J Overtime Note "Risk Class View View View 4V 8Y 4V 8Y 4Y BY 4V 8Y View 4V 8Y View 4V 8Y 8Y 8Y 8Y 8Y View View View View View View 4V 4V 4V 4V 4Y Y 4V 8Y View 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 4V 8Y View 8Y View 8Y View View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View BY View 8Y View 8Y View 8Y View 8Y View 8Y View BY View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View 8Y View BY View 8Y View 8Y View 8Y View 8Y View 8Y View View View View View View View King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King (Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King (Laborers King Laborers King Laborers King Laborers Power Jacks Railroad Spike Puller - Power Raker - Asphalt Re-timberman Remote Equipment Operator Rigger/Signal Person Rip Rap Person Rivet Buster Rodder Scaffold Erector Scale Person Sloper (Over 20") Sloper Sprayer Spreader (Concrete) Stake Hopper Stock Piler Swinging Stage/Boatswain Chair Tamper £x Similar Electric, Air £t Gas Operated Tools Tamper (Multiple 8t Self-propelled) Timber Person - Sewer (Lagger, Shorer 8 Cribber) Toolroom Person (at Jobsite) King Laborers Track Laborer King Laborers Track Liner (Power) King Laborers Traffic Control Laborer King Laborers Traffic Control Supervisor King Laborers Truck Spotter King Laborers Tugger Operator King Laborers Tunnel Work -Compressed Air Worker 0-30 psi King Laborers Tunnel Work -Compressed Air Worker 30.01-44.00 psi King Laborers Tunnel Work -Compressed Air Worker 44.01-54.00 psi King Laborers Tunnel Work -Compressed Air Worker 54.01-60.00 psi King Laborers Tunnel Work -Compressed Air Worker 60.01-64.00 psi King Laborers Tunnel Work -Compressed Air Worker 64.01-68.00 psi King Laborers Tunnel Work -Compressed Air Worker 68.01-70.00 psi King Laborers Tunnel Work -Compressed Air Worker 70.01-72.00 psi King Laborers Tunnel Work -Compressed Air Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock Tender King Laborers Tunnel Work -Miner King Laborers Tunnel Work -Miner King Laborers Vibrator King Laborers Vinyl Seamer King Laborers Watchman King Laborers Welder King Laborers Well Point Laborer King Laborers Window Washer/Cleaner $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $57.31 15J 4V 8Y View $56.31 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V BY View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V View $46.29 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $54.62 15J 4V 8Y View $55.62 15J 4V BY View $49.50 15J 4V 9C View $52.45 15J 4V 9C View $54.62 15J 4V 8Y View $55.62 15J 4V 8Y View $142.82 15J 4V 9B View $147.85 15J 4V 9B View $151.53 15J 4V 9B View $157.23 15J 4V 9B Yi2v $159.35 15J 4V 9B View $164.45 15J 4V 9B View $166.35 15J 4V 9B View $168.35 15J 4V 9B View $170.35 15J 4V 9B View $57.41 15J 4V 8Y View $57.41 7A 4V 8Y View $57.41 15J 4V By View $55.62 15J 4V 8Y View $54.62 15J 4V 8Y View $42.08 15J 4V 8Y View $55.62 15J 4V 8Y View $55.62 15J 4V 8Y View $42.08 15J 4V 8Y View 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. 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 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. 2. 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. 3. Workers` Cam ensation 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: 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products -completed operations aggregate limit. 2. Automobile Liabilit insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 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 ANII. 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. ---� MATVCON-01 LAURA ACORO CERTIFICATE OF LIABILITY INSURANCE FDAT2/9/2 D/YVYY) /9/2022 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 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 CONTACT NAME: Griffin MacLean Inc PHONE 2340 130th Ave NE D150 (A/C, No, Ext): (425) 822-1368 (A/C, No):(425) 822-2737 Bellevue, WA 98005 E-MAIL noreply@usi.com INSURED INSURER B : Western National 15377 Matvey Construction Inc, dba: Matvey Foundation Repair INSURERC: 18915 16th Ave S INSURER D : Seatac, WA 98188 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR AR01-RS-2103396-00 11/4/2021 1114/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ 5,000 PERSONAL BADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY [xi JERCOT1:1 LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 WA STOP GAP 1,000,000 B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY CPP 1196332 9/27/2021 9/27/2022 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PeOPER_enDAMAGE $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Evidence of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2,5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses - Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments - Amended: • Bail Bonds up to $5,000 2 • Loss of Earnings up to $500/Day 2 Transportation Expense Limits — Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 Of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY COVERAGE AMENDMENTS A. Who Is An Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary of yours that is an "insured" under any other automobile liability policy, or would be an "insured" under such policy but for termination of such policy or the exhaustion on such policy's limits of insurance. e. Any organization which is newly acquired or formed by you and over which you maintain majority ownership. However, coverage under this provision: (1) is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first; (2) does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization; (3) does not apply to any newly acquired or formed organization that is a joint venture or partnership; and (4) does not apply to an "insured" under any other automobile liability policy, or would be an "insured" under such a policy but for termination of such policy or the exhaustion of such policy's limits of insurance. g. Any "employee" of yours is an "insured" while operating a covered "auto" hired or rented under a contract or agreement in the "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Blanket Additional Insured SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 1. Who Is An Insured, paragraph c. is amended to add the following: 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 additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. Liability Coverage Extensions — Supplementary Payments SECTION II — COVERED AUTOS LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by replacing subparagraphs (2) and (4) with the following: (2) Up to $5,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair— Deductible Waiver SECTION II — COVERED AUTOS LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee, the following is added: Co -Employee Lawsuit Defense Cost Reimbursement If a suit seeking damages for "bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable costs that you incur in the defense of such matters. Any reimbursement made pursuant to this sub -section will be in addition to the limits of liability set forth in the Declarations. SECTION III — PHYSICAL DAMAGE COVERAGE AMENDMENTS A. Transportation Expense — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, a. Transportation Expenses is amended by replacing $20 per day/$600 maximum limit with $50 per day/$1000 maximum. B. Hired Auto Physical Damage — Loss Of Use Expenses — Limits Amended SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions, b. Loss of Use Expenses is amended by replacing the $20 per day/$600 maximum limit with $50 per day/$750 maximum limit. C. Personal Effects Coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: c. Personal Effects We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 3. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. E. Hired Auto Physical Damage SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 5. Hired Auto Physical Damage If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this coverage form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire of like kind and use, subject to the following: a. The most we will pay for any one "loss" is $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a deductible; b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Comprehensive deductible does not apply to "loss" caused by fire or lightening; c. Hired Auto Physical Damage coverage is excess over any other collectible insurance; and d. Subject to the above limit, deductible and excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. If a limit for Hired Auto Physical Damage is indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit indicated above. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage, is amended by adding the following: 6. Rental Reimbursement This coverage applies only to a covered "auto" of the private passenger or light truck type as follows: a. We will pay for rental reimbursement expenses incurred by you for the rental of a private passenger or light truck type "auto" because of "loss" to a covered private passenger or light truck type "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered private passenger or light truck type "auto." No deductibles apply to this coverage. b. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (1) The number of days reasonably required to repair or replace the covered private passenger or light truck type "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered private passenger or light truck type "auto" and return it to you; or (2) 30 days. c. Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred, or (2) $50 per day, up to a maximum of $1,000. d. This coverage does not apply while there are spare or reserve private passenger or light truck type "autos" available to you for your operations. e. If "loss" results from the total theft of a covered "auto" of the private passenger or light truck type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage is amended by adding the following: 7. Accidental Airbag Deployment Coverage We will pay to reset or replace factory installed airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a collision loss. This coverage is applicable only if comprehensive coverage applies to the covered "auto". This coverage is excess over any other collectible insurance or reimbursement by manufacturer's warranty. H. Auto Loan/Lease Gap Coverage SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the following: 8. Auto Loan/Lease Gap Coverage This coverage applies only to a covered "auto" described or designated in the Schedule or in the Declarations as including physical damage coverage. In the event of a covered total "loss" to a covered "auto" described or designated in the Schedule or in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto" less: a. The amount paid under the Physical Damage Coverage Section on the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS AMENDMENTS A. Duties In The Event Of Accident, Claim, Suit Or Loss Amended SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties In The Event Of Accident, Claim, Suit Or Loss, a. is amended by adding the following: This condition applies only when the "accident" or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. But, this section does not amend the provisions relating to notification of police, protection or examination of the property which was subject to the "loss". B. Blanket Waiver of Subrogation Section IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by adding the following exception: However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. C. Unintentional Failure to Disclose Hazards SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud, is amended by adding the following paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of the policy, or during the policy period in connection with any additional hazards, we will not deny coverage under this Coverage Part because of such failure. D. Employee Hired Auto SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, S. Other Insurance, paragraph b. is deleted and replace by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be a covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow. (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AR01-RS-2103396-00 COMMERCIAL GENERAL LIABILITY CG20370413 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 Blanket as required by virtue of written contract All locations as required by written contract 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. 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:AR01-RS-2103396-00 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 Blanket as required by virtue of written contract All locations as required by written contract 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. 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 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: AR01-RS-2103396-00 COMMERCIAL GENERAL LIABILITY 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): All operations of the named insured 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 'occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con - medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each 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, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen - completed operations hazard", and for medi- eral Aggregate Limit. cal 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 "occur- rences" under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule 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 not reduce any Desig- nated Construction Project General Aggre- gate Limit. When coverage for liability arising out of the "products -completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate 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 contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply asstipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ COMMERCIAL GENERAL LIABILITY CG 20 34 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section II) is amended to include as an additional insured any person or or- ganization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such per- son or organization be added as an additional in- sured on your policy. Such person or organization is an insured only with respect to liability for "bodily injury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. CG 20 34 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: AR01-RS-2103396-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 0 Department of Labor & Industries Certificate of Workers' Compensation Coverage March 30, 2022 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). WA UBI No.602 080 798 L&I Account ID 641,468-00 Legal Business Name MATVEY CONSTRUCTION INC Doing Business As MATVEY FOUNDATION REPAIR Workers' Comp Premium Status:Account is current. Estimated Workers Reported (See Description Below) Quarter 4 of Year 2021 ''51 to 75 Workers'' Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor?Yes License No.MATVECI991CB License Expiration 10/04/2023 To:MATVEY CONSTRUCTION, INC.18915 16th Ave SSeaTac, WA 98188 2022 License Number 2161132 UBI 6020807980010001 Licensee: MATVEY CONSTRUCTION, INC. MATVEY CONSTRUCTION, INC. 18915 16th Ave S SeaTac, WA 98188 Issued: 04/11/2022 Expires: 12/31/2022 Signature: Email: Signature: Email: Signature: Email: Signature: Email: japplegate@kentwa.gov rlashley@kentwa.gov Brian Levenhagen (May 26, 2022 05:59 PDT) bjlevenhagen@kentwa.gov Melissa McCormick (May 26, 2022 11:11 PDT) Melissa McCormick cityclerk@kentwa.gov Matvey_Construction_Inc.May2022 Final Audit Report 2022-05-26 Created:2022-05-23 By:Janice Applegate (japplegate@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAnU0KXmVkhy-Ejr1y2M5SBhhYtvqEVN_y "Matvey_Construction_Inc.May2022" History Document created by Janice Applegate (japplegate@kentwa.gov) 2022-05-23 - 10:39:23 PM GMT- IP address: 146.129.252.126 Document e-signed by Janice Applegate (japplegate@kentwa.gov) Signature Date: 2022-05-23 - 10:50:57 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Garin Lee (glee@kentwa.gov) for signature 2022-05-23 - 10:51:01 PM GMT Email viewed by Garin Lee (glee@kentwa.gov) 2022-05-23 - 11:50:03 PM GMT- IP address: 146.129.252.126 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2022-05-23 - 11:52:25 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Bradley J Hawthorne (bradleyh@gomatvey.com) for signature 2022-05-23 - 11:52:29 PM GMT Email viewed by Bradley J Hawthorne (bradleyh@gomatvey.com) 2022-05-23 - 11:52:38 PM GMT- IP address: 66.249.84.77 Document e-signed by Bradley J Hawthorne (bradleyh@gomatvey.com) Signature Date: 2022-05-23 - 11:55:59 PM GMT - Time Source: server- IP address: 67.160.120.108 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-05-23 - 11:56:03 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-05-24 - 10:56:20 PM GMT- IP address: 146.129.252.126 Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-05-25 - 10:28:55 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Brian Levenhagen (bjlevenhagen@kentwa.gov) for signature 2022-05-25 - 10:28:59 PM GMT Email viewed by Brian Levenhagen (bjlevenhagen@kentwa.gov) 2022-05-26 - 12:58:54 PM GMT- IP address: 146.129.252.126 Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-05-26 - 12:59:46 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Kim Komoto (kkomoto@kentwa.gov) for signature 2022-05-26 - 12:59:51 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2022-05-26 - 1:51:01 PM GMT- IP address: 146.129.252.126 Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date: 2022-05-26 - 1:52:46 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Melissa McCormick (cityclerk@kentwa.gov) for signature 2022-05-26 - 1:52:49 PM GMT Email viewed by Melissa McCormick (cityclerk@kentwa.gov) 2022-05-26 - 6:08:08 PM GMT- IP address: 146.129.252.126 Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date: 2022-05-26 - 6:11:12 PM GMT - Time Source: server- IP address: 146.129.252.126 Agreement completed. 2022-05-26 - 6:11:12 PM GMT