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CAG2022-399 - Original - Modern Painting Group LLC - Hogan Park Painting Restoration - 10/13/2022
10/6/22 CAG2022-399 10/10/22 10/13/22 PUBLIC WORKS AGREEMENT - 1 (Over $20K and No Performance Bond) PUBLIC WORKS AGREEMENT between City of Kent and Modern Painting Group LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Modern Painting Group LLC organized under the laws of the State of Washington, located and doing business at 9721 227th Place SW, Edmonds, WA 98020-5927; Contact: Edmond Sokoli; Phone: (206) 390-7956 (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: Prep and Paint at Hogan Park including Field #1, Field #3, Field #4, Field #5 and Picnic Hut as outlined in 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 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by October 30,2022 . 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 FIFTY- TWO THOUSAND SIX HUNDRED-EIGHTY TWO AND EIGHTY FIVE CENTS ($52,682.85), 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 (Over $20K and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. 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. PUBLIC WORKS AGREEMENT - 3 (Over $20K and No Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor’s business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this Agreement. C. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor’s breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor’s possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a “Statement of Intent to Pay Prevailing Wages,” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time PUBLIC WORKS AGREEMENT - 4 (Over $20K and No Performance Bond) specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY PUBLIC WORKS AGREEMENT - 5 (Over $20K and No Performance Bond) THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 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. PUBLIC WORKS AGREEMENT - 6 (Over $20K and No Performance Bond) The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor’s liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor’s part, then the Contractor shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the Contractor’s part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any PUBLIC WORKS AGREEMENT - 7 (Over $20K and No Performance Bond) dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 8 (Over $20K and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: By: Print Name: Its DATE: CITY OF KENT: By: Print Name: Dana Ralph Its Mayor DATE: NOTICES TO BE SENT TO: CONTRACTOR: Edmond Sokoli Modern Painting Group LLC 9721 227th Pl. SW Edmond, WA 98020 (206) 390-7956 (telephone) (facsimile) NOTICES TO BE SENT TO: CITY OF KENT: Ben Levenhagen City of Kent 220 Fourth Avenue South Kent, WA 98032 (253) 856-5133 (telephone) (253) (facsimile) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk 10/13/2022 PUBLIC WORKS AGREEMENT - 9 (Over $20K and No Performance Bond) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: __________________________________________ For: _________________________________________ Title: ________________________________________ Date: ________________________________________ PUBLIC WORKS AGREEMENT - 10 (Over $20K and No Performance Bond) 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. PUBLIC WORKS AGREEMENT - 11 (Over $20K and No Performance Bond) CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 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: ________________________________________ PUBLIC WORKS AGREEMENT - 12 (Over $20K and No Performance Bond) BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (09/22/2022), 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. Modern Group Painting LLC 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. EXHIBIT A DATE: 9/21/22 Modern Painting Group 9721 2271h pl sw Edmond, WA 98020 (206) 390 7956 MODERN PAINTING GROUP www.themodernpainting.com Estimate Customer: City of Kent — Hogan Park 24400 Russell Road Kent, WA 98032 "CENSER 1 6091,99), 1 PUMP In regard to the Exterior Preparation and Painting at the above referenced property, IVIRG LLC will provide all the necessary labor and materials to successfully complete the project. Our goal is to satisfy our clients by meeting their maximum expectations. Please see below for project specifications. PROJECT SCOPE OF WORK o Field #1 o Demo siding on 3 sides of the building ( excluding front above roll up door ) o Demo all fascia boards on 4 sides o Prep and install new siding on the 3 sides o Prep and install new fascia boards o Install corner trim on entire building o Frame where roll up door is located in front and install siding to match the rest o All work is to match existing design except adding the missing corner trims o Prep and paint all exterior surfaces to include, siding, trim, doors on both sides, metal stairs, and all brick t V/1) MODERN PAINTING GROUP www.themodernpainting.com o Field #3,4,5 o Prep and paint all exterior surfaces that are currently painted o Paint shed to match the main building o Provide quote to paint roll up door on shed o Replace 10 ft of rotten fascia o Paint benches o Replace window trim ( 1 window ) o Fix air vents ( bird protective net } o Picnic Hut o Prep and Paint fascia o Pressure wash all natural wood o Hand sand ( light sand to not remove grain ) o Apply Penofin Striper o Apply Penofin Brightener o Apply Penofin Stain Preparation o Mask all areas that need to be protected o Pressure wash all exterior surfaces o All walkways, and driveway to remain clean after house is washed o Scrape all the loose and failing paint o Sand as needed o Caulk all cracks o Fill holes with wood filles where needed o Primer as needed o Apply two coats of paint o Clean project site daily 2 V/1') MODERN PAINTING GROUP www.themodernpainting.com Paint & Materials Modern Painting Group is committed to only using highest quality products provided by Sherwin Williams Co, Benjamin Moore, and/or Rodda Paints and/or Daly's Wood Finishes. If client requests a different manufacture for their project, M.P.G will meet their request but won't guarantee that the warranty will remain the same. Work Site Modern Painting Group employees are to maintain a neat and safe work site at all times, Work site is to be cleaned and organized on daily basis. Safety cones and caution tape will be used as needed for the safety of our team members and our co-workers. Workers are to remain on the job site daily until project is completed per schedule requirements unless authorized otherwise by management in communication with the homeowner. Warranty Modern Painting Group will warranty all work, labor & materials for a specific number of years which is customized to each project specifically. Please see. Your warranty attachment for more details. MPG will produce a properly painted surface which will be uniformed in color and sheen. Surface shall be free of foreign materials, sags, holidays, strike -through or insufficient coverage. If any of the above appear on the surface, MPG is responsible for the repair at no cost to client. MPG shall provide labor and materials until a complete completion is achieved. Change Orders & Customer Responsibilities Work Crews are authorized to procced per contract specifications and are not authorized to complete work beyond the specified details per contract. Each change order is to go through management where they will produce a change order form that will be signed by homeowner stating the approved changes, Please contact our office or your project manager for further details. Colors must be chosen 1 week prior to start date. This proposal will cover up to two colors, if more colors are requested, M.P.G will be able to provide the services at an extra cost for the extra labor and materials. Alarms must be turned off while bour crews are on site. After contract has been signed by both parties, if canceled by client there will be a charge of 20% of grand total for admin work put into this contract. 3 V/1') MODERN PAINTING GROUP www.themodernpainting.com Thic nrniPrt i-, hided with Prevailina Waae rates as required Field #1 Cost Tax Total Prep and Paint per specification on Pg.1 Carpentry per specifications on Pg.1 $16,200,00 $1 ,636.20 $1 7,836.20 Field #3,4,5 Cost Tax Total Prep and Paint per specification on Pg.1 $17,900.00 $1 ,807.90 $19,707.90 Carpentry per specifications on Pg.1 Prep and Paint roll up door on shed $850.00 $85.85 $935.85 Picnic Hut - Stain Natural Wood Cost Tax Total ( highly recommended as wood is in rough condition) Prep and Stain all natural wood surfaces $12,250.00 $1 ,237.25 $1 3,487.25 Penofin Stain Picnic Hut - Paint Cost Tax Total Prep and Paint Fascia $650.00 $65.65 $715,65 4 V/1) MODERN PAINTING GROUP www.themodernpainting.com EXHIBIT BINSURANCE 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’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 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 Liability 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 A:VII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. GENERAL BUSINESS LICENSE APPLICATION File & Payment Date: 2/28/2022 City Selection: Business Location: 9721 227th PI SW Cities Applied For: Kent Confirmation: X9LGNA7X Business Information: Legal Business Name: Doing Business As: Business Address: Primary Nature of Business Modern Painting Group Modern Painting Group 9721 227th PI SW, Edmonds, WA 98020-5927 USA Phone: 206-390-7956 Service Payment Confirmation: 983771 Business Activity Description: Painting NAICS Code: 238320 UBI: 6046661628539133 Is your organization recognized as a 501(c) (3) non profit organization by the Internal Revenue NO Service? FEIN: 85-3913336 Is your business location in the City Limits of Edmonds YES For each City you selected, indicate the gross revenue/income you expect to earn in that City Annually, and enter your first date doing business in that City. Expected Gross Revenue/Income First Date of Business in City Kent: $5000.00 03/01 /2022 Contact Information: Contact Name: Edmond Sokoli Date Printed: 4/26/2022 3:21:45 PM Page 1 of 4 Date Filed: 2/28/2022 FileLocal General Business License Application Contact Title: Email: edmond@themodernpainting.com Phone: 206-390-7956 Fax: Web Address: Business Officials: Type of Business: LLC (Limited Liability Company) - Single Member Number of Partners 1 Partner's Information Name: Edmond Sokoli Home Address: 9721 227th pl sw, Edmonds, WA, 98020 Home Phone: 206-390-7956 Reason For Applying: Reason For Applying: New City Business License City Specific Questions: Kent Select the option that best describes your business: Outside Contractor— located OUTSIDE the City of Kent Legal Entity Type LLC Main Business Email Address edmond@themodernpainting.com Will your business engage in selling, giving away, distributing, dispensing, exchanging for anything of value, planting, growing, processing, packaging, storing, or any other act relating to marijuana as that term is defined in RCW 69.50.101 ? No Do you rent housing property? No Date Printed: 4/26/2022 3:21:45 PM Page 2 of 4 Date Filed: 2/28/2022 FileLocal General Business License Application Kent Is your business Home based? No Is your business located in Kent? No What Day(s) of the week are you open to clients? Monday Tuesday Wednesday Thursday Friday What hours of the day are you open to clients? 8-5 On average how many client visits per day? 0 Do you have 100 or more Full -Time employees? 0-99 Total # of Full -Time employees (32+ hours per week) (including working owners) 5 Total # of Part -Time Employees (<32 hours per week) 0 Notes: No notes were added to this application Date Printed: 4/26/2022 3:21:45 PM Page 3 of 4 Date Filed: 2/28/2022 FileLocal General Business License Application Applicant Information: Signature of Applicant: Edmond Sokoli Title: OWNER Signature of Preparer: Additional License Fees Fee Year Amount Due Fee Description 2022 $100.00 Kent Outside Contractor Business License Full Year 2022 $1.00 Kent Technology Fee Fee Subtotal: City Name Fee Description Kent $101.00 Annual Business License Subtotal: $101.00 Date Printed: 4/26/2022 3:21:45 PM Page 4 of 4 Date Filed: 2/28/2022 ACOROCERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 04/28/2022® ' 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 Simply Business 1 Beacon Street 15th Floor Boston, MA 02108 CONTACT Simply Business NAME: PHONE FAX AIc No Ext : 866 538-7491 A/c No): E-MAIL business.comi sm I ADDRESS: contactus @p Y INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Spinnaker Insurance Company 4376 INSURED Modern Painting Group LLC INSURER B : INSURER C : 9721 227th Place SW Edmonds, Washington 98020 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X HBW2912981XB2 11/16/2021 11/16/2022 EACH OCCURRENCE $1,000,000 CLAIMS -MADE FX I OCCUR AMAGE TO RENTED ccurrrence)$100,000 PREM SES (E. occurrence) MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X PRO - POLICY JECT LOC PRODUCTS - COMP/OPAGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident BODILY INJURY (Per person) ANYAUTO SCHEDULED OWNED BODILY INJURY (Per accident) AUTOS ONLY HIRED NON -OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAB CLAIMS -MADE DED RETENTION WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT PROFESSIONAL LIABILITY EACH CLAIM AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) HBW2912981XB2 - CGL E5581 CW (03/16) - PRIMARYAND NONCONTRIBUTORY- OTHER INSURANCE CONDITION Certificate Holder is listed as additional insured on a primary and noncontributory basis on the general liability policy as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Kent THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town Square Plaza ACCORDANCE WITH THE POLICY PROVISIONS. 426 W Smith Kent, WA 98032 AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 09/29/2022 Fathom Insurance Agency 1455 NW Leary Way Suite 400 Seattle, WA 98107 Jeremy Paulus (206)801-0906 jeremy@fathomins.com 00001651-35617 1 MODERN PAINTING GROUP 9721 227TH PL SW EDMONDS, WA 98020 Progressive 11770 A 01435763-1 09/20/2022 03/20/2023 X 300,000 City of Kent (JWP) Printed by JWP on 09/29/2022 at 02:42PM ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGG $JECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 CG 20 0104 13 ©insurance Services Office, Inc„ 2012 Page 1 of 1 POLICY NUMBER: HBW2912981XB COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 Name Of Additional Insured Person(s) Or Oroanization(s) As Required By Contract Information required to complete this SCHEDULE Covered 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 t❑ 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 ❑f 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 Prevailing Wage Rates for Public Works Contracts 8 Help for this page Printer Friendly 4 Look Up Journey Level Rates Important Note about Rates: Choosing correct worker classifications depends upon determinations published by L&I. Review our Determinations. Look up Prevailing Wage rates with effective dates as far back as M arch 4, 1998. CT) Which rates (effective date) should you select? @ When are Prevailing Wage rates updated? Select County Select Trade Adams Ak Asbestos Abatement Workers sotln Boilermakers Beaton Brick And Marble Masons Chelan Brick Mason Clallam Bricklayers & Marble Masons Clark Building Service Employees Columbia Cabinet Makers (In Shop) Cowlitz Carpenters bouglas Cement Masons Ferry Divers & Tenders Effective Date: 9/22/2022 Apprentice Wages Benefit Code Key for 9/2212022 Note: Select View under'Rlsk Class to verify workers compensation insurance on your project. Use this tool to find and understand the insurance risk classifications to pay for the trade and occupations you are utilizing on your project. Workers' compensation risk classifications are determined by the nature of your project, nature of business or phase of construction. County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating Screed $54.62 15J 4V 8Y View King Laborers Airtrac Drill Operator $58.56 15J 4V 8Y V King Laborers Ballast Regular Machine $54.62 15J 4V BY View King Laborers Batch Weighman $48.14 15J 4V 8Y Vie King Laborers Brick Pavers $54.62 15J 4V 8Y View King Laborers Brush Cutter $54.62 15J 4V 8Y View King Laborers Brush Hog Feeder $54.62 15J 4V 8Y View King Laborers Burner $54.62 15J 4V BY View King Laborers Caisson Worker $58.56 15J 4V BY View King Laborers Carpenter Tender $54.62 15J 4V BY Vjew King Laborers Cement Dumper -paving $57.84 15J 4V 8Y View King Laborers Cement Finisher Tender $54.62 15J 4V 8Y View King Laborers Change House Or Dry Shack $54.62 15J 4V BY View King Laborers Chipping Gun (30 Lbs. And Over) $57.84 15J 4V @Y View King Laborers Chipping Gun (Under 30 Lbs.) $54.62 15J 4V BY View King Laborers Choker Setter $54.62 15J 4V 8Y View King Laborers Chuck Tender $54.62 15J 4V 8Y View King Laborers Clary Power Spreader $57.84 15J 4V BY View King Laborers Clean-up Laborer $54.62 15J 4V SY View King Laborers Concrete Dumper/Chute Operator $57.84 15J 4V SY View King Laborers Concrete Form Stripper $54.62 15J 4V 8Y View King Laborers Concrete Placement Crew $57.84 15J 4V 8Y View King Laborers Concrete Saw Operator/Core Driller $57.84 15J 4V 8Y View King Laborers Crusher Feeder $48.14 15J 4V 8Y View King Laborers Curing Laborer $54.62 15J 4V 8Y View King Laborers Demolition: Wrecking Ft Moving $54.62 15J 4V 8Y View (Incl. Charred Material) King Laborers Ditch Digger $54.62 15J 4V 8Y View King Laborers Diver $58.56 15J 4V SY View King Laborers Drill Operator (Hydraulic, Diamond) $57.84 151 4V 8Y View King Laborers Dry Stack Walls $54.62 15J 4V 8Y View King Laborers Dump Person $54.62 15J 4V BY Yi= King Laborers Epoxy Technician $54.62 15J 4V 8Y View King Laborers Erosion Control Worker $54.62 15J 4V 8y Vjew King Laborers Faller ft Bucker Chain Saw $57.84 15J 4V 8Y View King Laborers Fine Graders $54.62 15J 4V 8Y j19A King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King Laborers Firewatch $48.14 15.1 4V 8Y View Laborers Form Setter $54.62 15J 4V 8Y Wew Laborers Gablan Basket Builders $54.62 15J 4V 8Y View Laborers General Laborer $54.62 15J 4V 8Y Yi= Laborers Grade Checker B: Transit Person $59.85 51 AY BY Y1= Laborers Grinders $54.62 15J 4V BY Yi= Laborers Grout Machine Tender $54.62 15J 4V 8Y Lim Laborers Groutmen (Pressure) Including Post $57.84 15J 4V 8Y View Tension Beams Laborers Guardrail Erector $54.62 15J 4V BY j( m Laborers Hazardous Waste Worker (Level A) $58.56 15J 4V @Y_ Yi= Laborers Hazardous Waste Worker (Level B) $57.84 15J 4V 8Y View Laborers Hazardous Waste Worker (Level C) $54.62 15J 4V BY Yi= Laborers High Scaler $58.56 15J 4V 8Y View Laborers Jackhammer $57.84 15J 4V 8Y View Laborers Laserbeam Operator $57.84 15J 4V 8Y View Laborers Maintenance Person $54.62 15J 4V 8Y View Laborers Manhole Builder-Mudman $57.94 15J 4V BY View Laborers Material Yard Person $54.62 15J 4V BY View Laborers Motorman -Dinky Locomotive $57.84 15J 4V 8Y View Laborers noaleman (concrete pump, green $59.85 15J 4V BY View cutter when using combination of high pressure air Et water on concrete It rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) Laborers Pavement Breaker $57.84 15J 4V 8Y View Laborers Pilot Car $48.14 15J 4V BY View Laborers Pipe Layer (Lead) $59.85 15J 4V BY View Laborers Pipe Layer/Tailor $57.84 15J 4V BY View Laborers Pipe Pot Tender $57.84 15J 4V 8Y View Laborers Pipe Reliner $57.84 15J 4V 8Y View Laborers Pipe Wrapper $57.94 15J 4V SY View Laborers Pot Tender $54.62 15.1 4V BY View Laborers Powderman $58.56 15J 4V BY View Laborers Powderman's Helper $54.62 15.1 4V 8Y View Laborers Power Jacks $57.84 15J 4V 8Y View Laborers Railroad Spike Puller - Power $57.84 15J 4V 8Y View Laborers Raker- Asphalt $59.85 15J 4V @Y View Laborers Re-timberman $58.56 15J 4V 8Y View Laborers Remote Equipment Operator $57.84 15J 4V 8Y View Laborers Rigger/Signal Person $57.84 15J 4V SY View Laborers Rip Rap Person $54.62 15J 4V BY View Laborers Rivet Buster $57.84 15J 4V BY YLew Laborers Rodder $57.84 15J 4V BY View Laborers Scaffold Erector $54.62 15J 4V BY View Laborers Scale Person $54.62 15J 4V 8Y View Laborers Sloper(Over 20") $57.84 15J 4V 8Y Vie Laborers Sloper Sprayer $54.62 15J 4V BY View Laborers Spreader (Concrete) $57.94 15J 4V 8Y Vie Laborers Stake Hopper $54.62 j5J 4V 8Y yLw Laborers Stock Piler $54.62 15J 4V 8Y View Laborers Swinging Stage/Boatswain Chair $48.14 15J 4V BY View Laborers Tamper Et Similar Electric, Air Et Gas $57.84 15J 4V 8Y View Operated Tools Laborers Tamper (Multiple Et Self-propelled) $57.84 15J 4V BY View Laborers Timber Person - Sewer (Lagger, $57.84 15J 4V BY View Shorer ft Cribber) Laborers Toolroom Person (at Jobsite) $54.62 15J 4V BY View Laborers Topper $54.62 15J 4V 8Y View Laborers Track Laborer $54.62 15J 4V 8Y View Laborers Track Liner (Power) $57.84 15J 4V BY View Laborers Traffic Control Laborer $51.48 15J 4V 9C View Laborers Traffic Control Supervisor $54.55 15J 4V 9C View Laborers Truck Spotter $54.62 15J 4V BY View Laborers Tugger Operator $57.84 15J 4V 8Y View Laborers Tunnel Work -Compressed Air Worker $158.87 154 4V 9B View 0-30 psi Laborers Tunnel Work -Compressed Air Worker $163.90 15J 4V 913 View 30.01-44.00 psi Laborers Tunnel Work -Compressed Air Worker $167.58 15J 4V 913 V• tew 44.01-54.00 psi Laborers Tunnel Work -Compressed Air Worker $173.28 15J 4V 96 View 54.01-60.00 psi Laborers Tunnel Work -Compressed Air Worker $175.40 15J 4V 9B View 60.01-64.00 psi Laborers Tunnel Work -Compressed Air Worker $180.50 15J 4V 9B View 64.01-68.00 psi Laborers Tunnel Work -Compressed Air Worker $182.40 151 4V 9B View 68.01-70.00 psi King Laborers Tunnel Work -Compressed Air Worker 70.01.72.00 psi King Laborers Rlnnel work -Compressed Air Worker mill .74.00 psi King i.abQrvey Tunnel Work•Guage and Lock Tender King Laborers Tunnel Work -Miner King Laborers Tunnel Work•Mlner King Laborers Vibrator King Laborers Vinyl Seamer King Laborers Watchman King Laborers Welder King Laborers Well Point Laborer King Laborers Window Washer Meaner 51".40 jU 4v 4a View S186.40 iJ` . V RE iew 55Y.45 U 4V E Vf_ $54.45 15 ix SY View 557.41 7A 4V LyY VIC- $57,94 jU LYY View $54.62 iu Ly ,Vivw, $43.76 jU 9Y Lyy V. j€u' $5714 15J 4M Ly View $57.94 Z,,tU UY View $43J6 jU UY View Prevailing Wage Rates for Public Works Contracts 0 Help for this page Printer Friendly 4 Look Up Journey Level Rates Important Note about Rates: Choosing correct worker classifications depends upon determinations published by L&I. iirt iew our Determinations. Look up Prevailing Wage rates with effective dates as far back as March 4, 1998. (D Which rates (effective date) should you select? Q When are Prevailing Wage rates updated? Select County Select Trade dams bestos Abatement Workers A, Asotin Boilermakers Benton Brick And Marble Masons Chelan Brick Mason Claliam Bricklayers & Marble Masons Clark Building Service Employees Columbia Cabinet Makers (In Shop) Cowlitz Carpenters Douglas Cement Masons Ferry Divers & Tenders Effective Date: 9/22/2022 17, Apprentice Wages Benefit Code Key for 9/2212022 Note: Select View under *Risk Class to wrify workers compensation Insurance on your project. Use this tool to find and understand the Insurance risk dassificatlws to pay for the trade and occupations you are utilizing on your project. Workers' compensation risk classifications are determined by the nature of your project, nature of business or phase of construction. County Trade Job Classification Wage Holiday overtime Note 'Risk Class Kmg PainiCrs i Journey Level $'i946 LZ LiI View Signature: Garin Lee (Sep 32209:15 PDT) Email: glee@kentwa.gov Signature: L�- Email: rlashley@kentwa.gov Signature: Brian ,l nao-11L=&&orb Email: bjlevenhagen@kentwa.gov Hogan Park Painting - Modern Painting Final Audit Report 2022-10-03 Created: 2022-09-30 By: Shayla Ott (sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAA2Tbu1m_4JsdjnoEDRsOtbLMaVkh85S4p "Hogan Park Painting - Modern Painting" History Document created by Shayla Ott (sott@kentwa.gov) 2022-09-30 - 2:59:10 PM GMT Document emailed to glee@kentwa.gov for signature 2022-09-30 - 3:04:03 PM GMT Email viewed by glee@kentwa.gov 2022-09-30 - 4:14:34 PM GMT Signer glee@kentwa.gov entered name at signing as Garin Lee 2022-09-30 - 4:15:11 PM GMT ca Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date: 2022-09-30 - 4:15:12 PM GMT - Time Source: server Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-09-30 - 4:15:15 PM GMT 3 Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-09-30 - 11:40:59 PM GMT Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-09-30 - 11:42:28 PM GMT - Time Source: server Document emailed to bjlevenhagen@kentwa.gov for signature 2022-09-30 - 11:42:30 PM GMT Email viewed by bjlevenhagen@kentwa.gov 2022-10-03 - 3:53:28 PM GMT EY Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2022-10-03 - 3:53:56 PM GMT a Adobe Acrobat Sign E= Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date: 2022-10-03 - 3:53:57 PM GMT - Time Source: server Document emailed to edmond@themodernpainting.com for signature 2022-10-03 - 3:53:59 PM GMT Email viewed by edmond@themodernpainting.com 2022-10-03 - 3:56:39 PM GMT E= Signer edmond@themodernpainting.com entered name at signing as Edmond Sokoli 2022-10-03 - 3:57:24 PM GMT E= Document e-signed by Edmond Sokoli (edmond@themodernpainting.com) Signature Date: 2022-10-03 - 3:57:25 PM GMT - Time Source: server Agreement completed. 2022-10-03 - 3:57:25 PM GMT 0 Adobe Acrobat Sign <E-) Reply all \ gJ Delete & Report Re: Hogan Park Painting - Modern Painting Contract OS Ott, Shayla To: Hills, Chris Thank you! Shayla Ott, Operations Analyst Parks Maintenance I Parks, Recreation & Community Services 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5122 1 Fax 253-856-6120 Sott@kentwa.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Hills, Chris <CHills@kentwa.gov> Sent: Monday, October 10, 2022 11:37 AM To: Ott, Shayla <SOtt@kentwa.gov> Subject: RE: Hogan Park Painting - Modern Painting Contract a <-, <<---� r-> ... Mon 10/10/2022 11:38 AM Hi, Shayla, $300K for Auto Liability is okay for this contract (not my favorite, but probably not much risk with this particular project). Also, "Scheduled Autos" is acceptable as well.. You can forward this to Legal as my acceptance of the differences in the requirements. Chris Chris Hills, ARM-P, CRM, Risk Manager Risk Management Division I Human Resources Department 220 Fourth Avenue South, Kent, WA 98032 Phone 253-856-5285 1 Fax 253-856-6270 chills@KentWA.gov CITY OF KENT, WASHINGTON KentWA.gov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL From: Ott, Shayla <SOtt@kentwa.gov> Sent: Monday, October 10, 2022 7:20 AM To: Hills, Chris <CHills@kentwa.gov> Subject: Re: Hogan Park Painting - Modern Painting Contract