HomeMy WebLinkAboutCAG2023-111 - Original - Traffic Control Plan Co. of WA, LLC - 2023 Plastic Marking Refresh - 02/28/2023Ap
p
r
o
v
a
l
Originator:Department:
Date Sent:Date Required:
Director or Designee to Sign.
Interlocal Agreement Uploaded to Website
Date of Council Approval:
Grant? Yes No
Type:
Re
v
i
e
w
/
Si
g
n
a
t
u
r
e
s
/
R
o
u
t
i
n
g
Comments:
Date Routed to the City Clerk’s Office:
Ag
r
e
e
m
e
n
t
I
n
f
o
r
m
a
t
i
o
n
Vendor 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
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
GOODS & SERVICES AGREEMENT - 1
($20,000 or Less, incl. WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Traffic Control Plan Co. of WA, LLC
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Traffic Control Plan Co. of WA, LLC organized under the laws of the State of
Washington, located and doing business at 1245 Auburn Way North #315, Auburn, WA 98002, Phone:
(253) 258-1419, Contact: Christopher Grose (hereinafter the "Vendor").
AGREEMENT
I. DESCRIPTION OF WORK.
The Vendor shall provide the following goods and materials and/or perform the following services for
the City:
The Vendor shall prepare traffic control plans for the 2023 Plastic Marking Refresh Project.
For a description, see the Vendor's Scope of Work which is attached as Exhibit A
and incorporated by this reference.
The Vendor acknowledges and understands that it is not the City’s exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and
services through other sources.
II.TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall
complete the work and provide all goods, materials, and services by March 15, 2023.
III.COMPENSATION. The City shall pay the Vendor an amount not to exceed Three Thousand,
Five Hundred Dollars ($3,500), including applicable Washington State Sales Tax, for the goods, materials,
and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according
to the following schedule:
The Vendor shall be paid after traffic control plans have been prepared, delivered, and
submittal of invoice.
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
GOODS & SERVICES AGREEMENT - 2
($20,000 or Less, including WSST)
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which the Vendor’s
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a business
deduction for federal income tax purposes that existed before the City retained the
Vendor’s services, or the Vendor is engaged in an independently established trade,
occupation, profession, or business of the same nature as that involved under this
Agreement.
D. The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by the Vendor’s
business, and has obtained a Unified Business Identifier (UBI) number from the State
of Washington.
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
GOODS & SERVICES AGREEMENT - 3
($20,000 or Less, including WSST)
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure
in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood,
or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or
delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent
to the other that at the time of signing this Agreement, they are able to perform as required and their
performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing
state or national declarations of emergency, or any current social distancing restrictions or personal
protective equipment requirements that may be required under federal, state, or local law in response to
the current pandemic.
If any future performance is prevented or delayed by a force majeure event, the party whose
performance is prevented or delayed shall promptly notify the other party of the existence and nature of
the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be
effective only to the extent and duration of the force majeure event causing the prevention or delay in
performance and, provided, that the party prevented or delayed has not caused such event to occur and
continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation.
Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City
shall not be liable for, the payment of any part of the contract price during a force majeure event, or any
costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event.
Performance that is more costly due to a force majeure event is not included within the scope of this Force
Majeure provision.
If a force majeure event occurs, the City may direct the Vendor to restart any work or performance
that may have ceased, to change the work, or to take other action to secure the work or the project site
during the force majeure event. The cost to restart, change, or secure the work or project site arising from
a direction by the City under this clause will be dealt with as a change order, except to the extent that the
loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under
this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the
Vendor.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
GOODS & SERVICES AGREEMENT - 4
($20,000 or Less, including WSST)
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR’S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions
established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor
warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will
perform in accordance with their specifications and the Vendor’s representations to City. The Vendor shall
promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have
known of the defect, or (2) upon the Vendor’s receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
GOODS & SERVICES AGREEMENT - 5
($20,000 or Less, including WSST)
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI.DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates. The Vendor shall execute
the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative
Policy 1.2.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor’s part, then the Vendor
shall pay all the City’s costs for defense, including all reasonable expert witness fees and reasonable
attorneys’ fees, plus the City’s legal costs and fees incurred because there was a wrongful refusal on the
Vendor’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XIII.INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV.WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the
Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or
other articles used or held for use in connection with the work.
XV.MISCELLANEOUS PROVISIONS.
A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
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.
GOODS & SERVICES AGREEMENT - 6
($20,000 or Less, including WSST)
C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties’ performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be made
without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement
shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor.
G. Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part of
or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Consultant in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to Its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDO
CITY OF KENT: —
Digitall, q—d b, David k Brock
Works Operations, email=dbrockCkentwa.gov, 5=U5
David A. Brock ONcn=Davidon%e o=Cl—k Kent,ou .91v,<
Date: 2023.02,28 11:45:19 MW
B _
By:
1
Print Name: '� ��' tCt"C' -
Print Name: David A. Brock, P.E.
j'f (� `
Its: Deputy Director Operations
Its:
DATE:
DATE:
NOTICES TO BE SENT TO:
NOTICES TO BE SENT TO:
VENDOR:
CITY OF KENT:
Christopher Grose
Chad Bleren, P.E.
Traffic Control Plan Co, of Washington, LLC
City of Kent
1245 Auburn Way North *315
220 Fourth Avenue South
Auburn, WA 98002
Kent, WA 98032
(253) 258-1419 (telephone)
(253) 856-5500 (telephone)
chris0trafficcontroiplan. net (email)
PublicWorks*KentWa.gov (email)
ATTEST:
6:\M1min�Cont,a t%\D-1
GOODS & SERVICES AGREEMENT - 7
($20,000 or Less, including WSST)
EEO COMPLIANCE DOCUMENTS - 1 of 5
DECLARATION
CITY OF KENT NON-DISCRIMINATION POLICY
The City of Kent (City) is committed to conform to Federal and State laws regarding equal
opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who
perform work with relation to this Agreement shall comply with the regulations of the City’s equal
employment opportunity policies.
The City of Kent and its contractors are subject to and will comply with the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.
252), (prohibits discrimination on the basis of race, color, national origin);
• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs
Of The Department Of Transportation-Effectuation Of Title VI Of The Civil
Rights Act Of 1964);
• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement
of Title VI of the Civil Rights Act of 1964).
• Ch. 49.60 RCW (Washington Law Against Discrimination)
The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and
Regulations”.
The following statements specifically identify the requirements the City deems necessary for any
contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of
all of the following is required for this Agreement to be valid and binding. If any contractor,
subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined
below, 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 statements 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 I, 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. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
EEO COMPLIANCE DOCUMENTS - 2 of 5
A. Compliance with Regulations: The contractor, subcontractor, consultant,
vendor, and supplier (hereinafter “Contractor”) will comply with all Acts and the
Regulations relative to non-discrimination, including those applicable to Federally-
assisted programs of the U.S. Department of Transportation, State-assisted
programs through the Washington State Department of Transportation, and
generally under Washington’s Law Against Discrimination, Ch. 49.60 RCW, as they
may be amended from time to time, which are herein incorporated by reference
and made a part of this contract.
B. Non-discrimination: The contractor, with regard to the work performed by it
during the contract, will not discriminate on the grounds of race, color, or national
origin in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations, including
employment practices when the contract covers any activity, project, or program
set forth in Appendix B of 49 CFR Part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials, or leases of equipment, each potential subcontractor or
supplier will be notified by the contractor of the contractor's obligations under this
contract and the Acts and the Regulations relative to non-discrimination on the
grounds of race, color, or national origin.
D. Information and Reports: The contractor will provide all information and reports
required by the Acts and Regulations and directives issued pursuant thereto and will
permit access to its books, records, accounts, other sources of information, and its
facilities as may be determined applicable to contractor’s contract by the City or the
Washington State Department of Transportation to be pertinent to ascertain
compliance with such Acts and Regulations and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the contractor will so certify to the City or the
Washington State Department of Transportation, as appropriate, and will set forth
what efforts it has made to obtain the information.
E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with
the non-discrimination provisions of this contract, the City will impose such contract
sanctions as it or the Washington State Department of Transportation may
determine to be appropriate, including, but not limited to:
a. withholding payments to the contractor under the contract until the
contractor complies; and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
F. Incorporation of Provisions: The contractor will include the provisions of
paragraphs (A) through (F) above in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Acts and Regulations and
directives issued pursuant thereto. The contractor will take action with respect to
any subcontract or procurement as the City or the Washington State Department of
Transportation may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the contractor becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such
EEO COMPLIANCE DOCUMENTS - 3 of 5
direction, the contractor may request the City to enter into any litigation to protect
the interests of the City. In addition, the contractor may request the United States
to enter into the litigation to protect the interests of the United States.
6. During the performance of this contract, the contractor, for itself, its assignees, and
successors in interest agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part
21.
ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and
projects);
iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination
on the basis of sex);
iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms "programs or activities" to include all of the
programs or activities of the Federal-aid recipients, sub-recipients and contractors,
whether such programs or activities are Federally funded or not);
viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities
(42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation
regulations at 49 C.F.R. parts 37 and 38;
ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
x. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against
minority populations by discouraging programs, policies, and activities with
disproportionately high and adverse human health or environmental effects on
minority and low-income populations;
xi. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of Limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP persons
have meaningful access to your programs (70 Fed. Reg, at74U87 to 74100);
xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C, 1681 et
8aq).
xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)
The submission of the final invoice for this contract will constitute o reaffirmation that the
preceding statements were complied with during the course of the contract's performance
By signing w/ I agree to fulfill the five requirements referenced above.
By: 7
Title:
Date: c�^
EEO COMPLIANCE DOCUMENTS - 4 of 5
EEO COMPLIANCE DOCUMENTS - 5 of 5
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022
SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998
APPROVED BY Dana Ralph, Mayor
POLICY:
Equal employment opportunity and non-discrimination in contracting 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.
Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the
City, regardless of the value of the Agreement, are required to sign the City’s Non-Discrimination
Policy Declaration, prior to commencing performance.
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 coordinate with the City’s Title VI coordinator, and perform 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.
Exhibit A
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. 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 $2,000,000 each occurrence, $2,000,000 general
aggregate and a $2,000,000 products-completed operations
aggregate limit. C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The 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.
EXHIBIT B (Continued)
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.
5
391-8115Bonney Lake WA
Marcellus Johnson
09/20/2022
2
18319 123rd St E
3
City of Kent
400 Gowe St.
Kent, WA 98032
COMMERCIAL GENERAL LIABILITY
CG72881216
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS ENHANCEMENT ENDORSEMENT
INCLUDING MEDICAL PAYMENTS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Lost Key Coverage
C. Non -Owned Watercraft
1. Under Section I — Coverages, Coverage A
Under Section I — Coverages, Coverage A
Bodily Injury And Property Damage
Bodily Injury And Property Damage Liability,
Liability, coverage is extended to include
2. Exclusions Exclusion g. Aircraft, Auto Or
the following:
Watercraft Paragraph (2) (a) is replaced with:
If a customer's master or grand key,
(a) Less than 51 feet long; and
excluding electronic key card, is lost,
D. Expanded Property Damage Coverage
damaged or stolen while in your care,
1. For the purposes of this endorsement only:
custody or control we will pay the cost of
replacing the keys, including the master lock
Section I — Coverages, Coverage A
and all keys used in the same lock, the cost
Bodily Injury And Property Damage
of adjusting locks to accept the new keys, or
Liability, 2. Exclusions, Exclusion j.
the cost to replace the locks, whichever is
Damage To Property is amended as
less.
follows:
2. Limit of Insurance — For the purpose of this
a. Paragraphs (3), (5), and (6) are deleted
coverage, the most we will pay is $10,000
in their entirety.
per "occurrence".
b. Paragraph (4) is deleted in its entirety
B. Voluntary Property Damage
and replaced with:
1 Under Section I — Coverages, Coverage A
(4) Personal property in the care
Bodily Injury And Property Damage Liability,
custody, or control of the insured:
coverage is extended to include the following:
(a) For storage or sale at premises
At your request, we will pay for "property
you own, rent or occupy; or
damage" to property of others caused by you
(b) White being transported by any
and while in your possession, arising out of your
aircraft, "auto", or watercraft
business operations and occurring during the
owned or operated by or rented
policy period.
to or loaned to any insured.
2. Limit of Insurance — For the purpose of this
c. The coverage provided by this
coverage the most we will pay is $1,500 per
endorsement does not apply to
"occurrence".
"property damage":
C. Non -Owned Watercraft
(1) Arising out of the disappearance or
Under Section I -- Coverages, Coverage A
loss of use of personal property; or
Bodily Injury And Property Damage Liability,
(2) included in the "products -completed
2. Exclusions Exclusion g. Aircraft, Auto Or
operations hazard".
Watercraft Paragraph (2) (a) is replaced with:
(a) Less than 51 feet long; and
CG72881216
Includes copyrighted material of insurance Services Office, Inc.,
with its permission.
Page 1 of 5
ACP GUD0305B459207 MACH 22201 INSURED COPY 27 ODDOM
CG72881216
2. Limit of Insurance - The most we will pay
for loss arising out of any one "occurrence"
is $5,000.
3. Deductible - Our obligation to pay for a
covered loss applies only to the amount of
loss in excess of $250.
We will pay the deductible amount to effect
settlement of any claim or "suit" and upon
notification having been taken you shall
promptly reimburse us for the deductible as
has been paid by us.
This insurance is primary to any expanded
damage coverage provided by a separate
endorsement attached to this policy, and it
will supplant any deductible in said
endorsement.
E. Damage To Premises Rented To You
1. Under Section 1- Coverages, Coverage A
Bodily Injury And Property Damage
Liability, the last paragraph of 2.
Exclusions is replaced with:
If Damage To Premises Rented To You is
not otherwise excluded, Exclusions c.
through n. do not apply to damage by fire,
lightning, explosion, smoke, or sprinkler
leakage to premises while rented to you or
temporarily occupied by you with permission
of the owner. A separate limit of insurance
applies to this coverage as described in
Section III - Limits Of Insurance.
2. Under Section III - Limits Of Insurance,
Paragraph 6. is replaced with:
6. Subject to 5. above, the Damage To
Premises Rented To You Limit is the
most we will pay under Coverage A for
damages because of "property damage"
to any one premises, while rented to
you, or in the case of damage by fire,
lightning, explosion, smoke or sprinkler
leakage, while rented to you or
temporarily occupied by you with
permission of the owner. The limit is
increased to $1,000,000.
3. Under Section IV - Commercial General
Liability Conditions, Condition 4. Other
Insurance, b. Excess Insurance (1) (a) (ii)
is replaced with:
(11) That is Fire, Lightning, Explosion,
Smoke, or Sprinkler leakage
insurance for premises rented to
you or temporarily occupied by you
with permission of the owner.
F. Supplementary Payments
Under Section I - Coverages, Supplementary
Payments - Coverages A and B Paragraphs
1.b. and 1.d. are replaced with:
b. Up to $2,500 for cost of bail bonds required
because of accidents or traffic law violations
arising out of the use of any vehicle to which
the Bodily Injury Liability Coverage applies.
We do not have to furnish these bonds.
d. All reasonable expenses incurred by the
insured at our request to assist us in the
investigation or defense of the claim or
"suit", including actual loss of earnings up to
$500 a day because of time off from work.
G. Newly Formed And Acquired Organizations
Under Section 11 - Who Is An Insured
Paragraph 3.a. is replaced with:
a. Coverage under this provision is afforded
only until the 18011 day after you acquire or
form the organization or the end of the policy
period, whichever is earlier;
H. Additional Insured - Automatic Status When
Required In An Agreement Or Contract With
You
Section II - Who Is An Insured is amended to
include:
4. Any person(s) or organization(s) described
in Paragraphs a. - d. below with whom you
have agreed in writing in a contract or
written agreement that such person or
organization be added as an additional
insured on your policy during the policy
period shown in the Declarations.
The person or organization added as an
insured by this endorsement is an insured
only for liability due to:
a. Lessors of Leased Equipment with
respect to their liability for "bodily injury",
"property damage", or 'personal and
advertising injury", caused in whole or in
part by your maintenance, operation or
use of equipment leased to you by such
person(s) or organization(s). This
insurance does not apply to any
"occurrence" which takes place after the
lease expires.
However, their status as additional
insured under this policy ends when
their lease, contract, or agreement with
you for such leased equipment expires.
Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc.. CG 72 88 12 16
with its permission.
ACP OLD030584SM7 L11ACH 22209 INSURED COPY 27 00002 V
CG 72 88 1216
b. Managers or Lessors of Premises
d. Owners, Lessees, or Contractors with
with respect to liability arising out of the
respect to liability for "bodily injury",
ownership, maintenance, or use of that
"property damage", or "personal and
part of the premises you own, rent,
advertising injury" caused, in whole or in
lease, or occupy.
part, by:
This insurance does not apply to:
(1) Your acts or omissions; or
(1) Any "occurrence" which takes place
(2) The acts or omissions of those
after you cease to be a tenant in
acting on your behalf;
that premises.
in the performance of your ongoing
(2) Structural alterations, new con-
operations performed for that
struction or demolition operations
additional insured, whether the work
performed by or on behalf of the
is performed by you or on your
person or organization.
behalf.
However, their status as additional
The insurance does not apply to:
insured under this policy ends when you
(1) "Bodily injury", "property damage",
cease to be a tenant of such premises.
or "personal and advertising injury"
c. State or Political Subdivision —
arising out of the rendering of or the
Permits Relating to Premises with
failure to render any professional
respect to the following hazards for
architectural, engineering, or survey
which the slate or political subdivision
services, including:
has issued a permit or authorization in
(a) The preparing, approving, or
connection with premises you own, rent
failing to prepare or approve
or control and to which this insurance
maps, shop drawings, opinions,
applies:
reports, survey, field orders,
(1) The existence, maintenance, repair,
change orders, or drawings and
construction, erection, or removal of
specifications: or
advertising signs, awnings,
(b) Supervisory, inspection, archi-
canopies, cellar entrances, coal
lectural, or engineering activ-
holes, driveways, manholes,
ities.
marquees, hoist away openings,
(2) "Bodily injury" or "property damage"
sidewalk vaults, street banners, or
occurring after:
decorations and similar exposures;
(a) All work, including materials,
or
Parts, or equipment furnished in
2 The construction, erection, or
()
connection with such work, on
removal of elevators; or
the project (other than service,
The ownership, maintenance, or use of
maintenance or repairs) to be
any elevators covered by this insurance.
performed by or on behalf of the
This insurance does not apply to:
additional insured(s) at the
(1) "Bodily injury" or "property damage"
location of the covered
operations has been completed;
or "personal or advertising injury"
or
arising out of operations performed
(b) Thai portion of "your work" out
for the slate or municipality; or
of which the injury or damage
2} "Bodily injury" or "property damage"
( y 1 ry" P
arises has been put to its
included within the "products-
intended use by any person or
completed operations hazard".
organization other than another
However, such state or political
contractor or subcontractor
subdivision's status as additional
engaged in performing
insured under this policy ends when the
operations for a principal as a
permit ends.
part of the same project.
CG 72 88 12 16
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 3 of 5
ACP GLD030584SM7 MACH 22208 INSURED COPY 27 000028E
CG 72 88 12 16
However, a person or organization's
status as additional insured under
this policy ends when your
operations for that additional insured
are completed.
With respect to the insurance afforded to
such additional insureds a. - d. described
above the following is added to the 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.
However, the insurance afforded to such
additional insureds a. - d. described above:
1. Only applies to the extent permitted by
law; and
2. Will not be broader than that which you
are required by the contract or
agreement to provide such additional
insured.
Aggregate Limit Per Project
Under Section ill - Limits Of Insurance The
following paragraph is added to Paragraph 2:
The General Aggregate Limit under Section III
Limits Of Insurance applies separately to each
of your construction projects away from
premises owned by or rented to you.
J. Medical Payments
Under Section III - Limits Of Insurance,
Paragraph 7. is replaced with:
7. Subject to 5. above, the higher of:
a. $10,000; or
b. The amount shown in the Declarations
for Medical Expense Limit is the most
we will pay under Coverage C for all
medical expenses because of "bodily
injury" sustained by one person.
Page 4of5
This coverage does not apply if Coverage C -
Medical Payments is excluded either by the
provisions of any coverage forms attached to the
policy or by endorsement.
K. Knowledge Of An Occurrence
Under Section IV - Commercial General
Liability Conditions, the following is added to
Condition 2. Duties In The Event Of
Occurrence, Offense, Claim Or Suit:
e. Knowledge of an occurrence, offense, claim
or suit by an agent or employee of any
insured shall not in itself constitute
knowledge of the insured unless you, a
partner, if you are a partnership; or an
executive officer, or insurance manager, if
you are a corporation receives such notice
of an occurrence, offense, claim, or suit from
the agent or employee.
f. The requirements in Paragraph b. will not be
considered breached unless there is
knowledge of occurrence as outlined in
Paragraph e. above.
L. Unintentional Failure To Disclose Hazard
Under Section IV - Commercial General
Liability Conditions, Condition 6.
Representations the following paragraph is
added:
d. Your failure to disclose all hazards or prior
"occurrences" or offenses existing as of the
inception date of the policy shall not
prejudice the coverage afforded by this
policy provided such failure to disclose all
hazards or prior "occurrences" or offenses is
not intentional. This provision does not
affect our right to collect additional premium
or exercise our right of cancellation or non -
renewal.
M. Waiver Of Subrogation
Under Section IV - Commercial General
Liability Conditions, 8. Transfer Of Rights Of
Recovery Against Others To Us the following
paragraph is added:
If required by a written contract executed prior to
loss, we waive any right of subrogation we may
have against the contracting person or
organization 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".
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
CG 72 88 12 16
ACP GLD0305B459207 MACH 22209 INSURED COPY 27 0000M
N. Liberalization
Under Section IV — Commercial General
Liability Conditions, the following condition is
added:
10. Liberalization
If we revise this coverage form to provide
more coverage without additional premium
charge, your policy will automatically provide
the additional coverage as of the day the
revision is effective in your state.
CG 72 88 12 16
Q. Broadened Bodily Injury Definition (Mental
Anguish)
Under Section V — Definitions Definition 3.
"Bodily Injury" is replaced with:
3. "Bodily injury" means physical injury,
sickness, or disease to a person and if
arising out of the foregoing, mental anguish,
mental injury, shock, or humiliation,
including death at any time resulting
therefrom.
All terms and conditions of this policy apply unless modified by this endorsement.
CG72881216
Includes copyrighted material of Insurance Services Office, Inc.,
with its permission.
Page 5 of 5
ACP OL.D030584SM7 MACH 22209 INSURED COPY 27 OOON70