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CAG2023-590 - Original - Matvey Foundation Repair Inc. - West Operations Shop Floor Epoxy Coating - 11/21/2023
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: GL Agreement Routing Form Dir. Assist: • For Approvals,Signatures and Records Management KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover $L WASHINGTON Sheet forms. DIr/Dep Dil BL Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: > 11/20/2023 11/27/2023 0 CL Authorized to Sign: Date of Council Approval: QDirector or Designee N/A Budget Account Number: Grant? YesFI/]No 10006600.64190.5015 Budget?w]Yes No Type: N/A Vendor Name: Category: Matvey Construction,Inc.dba Matvey Foundation Repair Inc. Contract Vendor Number: Sub-Category: = 2484147 Original 0 Floor Epoxy Coating at West O s shop floor. Project Name: p Y g p p 3- Project Details:Vendor to apply concrete epoxy coating to West Ops shop floors. 0 _ a, Agreement Amount: $1 0 845.02 Basis for Selection of Contractor: Other `Memo to Mayor must be attached Start Date: 11/27/2023 Termination Date: 12/31/2023 Im Q Local Business? Yes1ZNo* If meets requirements per KCC3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification:Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: YesONo CAG2023-590 Comments: _ a:+ 3 4) H •� i N 3 f0 _ V1 Date Routed to the City Clerks Office: 1 1/21/23 ,c«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 KENT WAS 1 1 1-N PUBLIC WORKS AGREEMENT between City of Kent and Matvey Construction, Inc. dba Matvey Foundation Repair Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Matvey Construction, Inc. dba Matvey Foundation Repair Inc. organized under the laws of the State of Washington, located and doing business at 18915 16t" Ave S. Seatac WA 98188; Contact Name: Shea Byfield; Phone: (253) 327-1650 (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: Vendor to apply epoxy concrete coating at West Operations shop floor in Pebble Beach color 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 Business days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed December 31st 2023. 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 TEN THOUSAND EIGHT HUNDRED FOURTY FIVE DOLLARS AND TWO CENTS ($10,845.02), 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 - 1 ($20K or Less and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaae. The City shall also hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of the Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs"shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which the Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. PUBLIC WORKS AGREEMENT - 2 ($20K or Less and No Performance Bond) E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. PUBLIC WORKS AGREEMENT - 3 ($20K or Less and No Performance Bond) The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MA]EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 4 ($20K or Less and No Performance Bond) 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. 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 PUBLIC WORKS AGREEMENT - 5 ($20K or Less and No Performance Bond) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or 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. PUBLIC WORKS AGREEMENT - 6 ($20K or Less and No Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 7 ($20K or Less and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACTOR: CITY OF KENT: s ga1 �YlGih Levehl�ageh B�/ Shea Byf eld Nov 1,202308.3P PST) By:BI—Levenha,en(Nov 21,2023 :34 PST) Print Name: Shea Byfield Print Name: Brian Levenhagen Its Account Manager Its: Deputy Parks Director DATE: Nov 21,2023 DATE: Nov 21,2023 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Shea Byfield Andy Martin Matvey Construction,Inc. dba Matvey Foundation City of Kent Repair Inc. 220 Fourth Avenue South 18915 16t" Ave. S Kent, WA 98032 Seatac, WA 98188 (253) 856-5124 (telephone) (253) 327-1650 (telephone) Amartin@kentwa.gov (email) SheaB@gomatvey.com (email) ATTEST: 9C. ;u Kr, Kent City Clerk PUBLIC WORKS AGREEMENT - 8 ($20K or Less and No Performance Bond) 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 - 1 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 - 2 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 EEO COMPLIANCE DOCUMENTS - 3 compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 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 seq). xiii. Washington Law Against Discrimination (Ch. 49.60 RCW) 7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract's performance. By signing below, I agree to fulfill the five requirements referenced above. B s g y; Shea Hyfeld Nov 1 20?303'7PSI) For: Matvey Foundation Repair Title: Account Manager Date: Nov 21, 2023 EEO COMPLIANCE DOCUMENTS - 4 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. EEO COMPLIANCE DOCUMENTS - 5 BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (10/26/2023), the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Matvey Construction, Inc. dba Matvey Foundation Repair Inc. By: Shea Byf�ield(N V21,2023 08:37 PST) 7 Signature of Authorized Official* Printed Name: Shea Byfield Title: Account Manager Date: Nov 21, 2023 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. BIDDER RESPONSIBILITY CRITERIA - 1 Exhibit A FOUNDATION REPAIR r*1 z This evaluation was prepared for: City of Kent Andy Martin Break Room 5821 S 240th St Kent, WA 98032 (253) 569-6940 1 amartin@kentwa.gov Evaluated on: Tuesday, November 14, 2023 Evaluated by: Jim Wiederaenders (Bellevue) (425) 691-0691 1 jimw@gomatvey.com Matvey Foundation Repair 18915 16th Ave S SeaTac, WA 98188 Office: 253-327-1650 https://www.GoMatvey.com/ Page 1 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF MATVEY https://www.GoMatvey.com/ 253-327-1650 FOUNDATION REPAIR z 18915 16th Ave S SeaTac, WA, 98188 Product Summary Penntek Coatings $9,850.15 Total investment $9,850.15 Estimated Sales Tax (10.1%) $994.87 Total contract price $10,845.02 Deposit required (50%) $5,422.51 Deposit paid Amount due upon completion $10,845.02 Permitting (if applicable): y n DS s: ;D S > I . Customer Consent: Acceptance of Contract— I am/we are aware of and agree to the contents of this Proposal,the attached Job Detail sheet(s),and the attached DS Limited Warranty, (together,the"Contract").Y t 0 This proposal is based primarily on the Customer's description of the problem.While Matvey Foundation Repair will do it's best to evaluate the condition of the foundation and/or concrete prior to work commencing. Matvey Foundation Repair is not responsible for any damage that occurs as the result of failing concrete. Completing the work in this proposal on the scheduled date is contingent upon weather and/or delays beyond our control.This proposal may be withdrawn if not accepted by the Customer within 30 days. DS Page 2 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF Product List Description Quantity Aluminum Oxide 848.2 sq ft Topcoat Hardner Penntek Mobility Penntek Mobility Fee Base Price: Mobility Fee 1 Penntek Evolution System (sq ft) Penntek Evolution System Base Price: 500'-1000' 848.2 sq ft Flake Option: Stock Flake 848.2 sq ft Top Coat Options: Regular Top Coat 848.2 sq ft PennTek Mender 76.4 ft Crack Mender System Urethane Top Coat Apply a Urethane Topcoat Base Price: 848.2 sq ft Subtotal $9,850.15 Estimated Sales Tax Total $10,845.02 Additional Information Job Notes The project requires 2 days, depending on square footage. Client will leave the work area dry and empty, with an open parking space for the installer's van, prior to Penntek installation. Do not introduced water onto the floor of the garage for at least 72 hours prior to installation. The surface is ground to open the pores of the concrete floor. Concrete dust is collected with a vacuum and HEPA filter. Cracks are opened with a V-shaped drill tool, patched with polyurea mender, and ground smooth. [Invoice is adjusted for actual feet of cracks if different from the estimate during inspection.] The exclusive Penntek pure Polyurea base coat is applied. As it is drying, color chips are broadcast onto all primed surfaces for color saturation. After the pure Polyurea base coat is dry, excess color chips are scraped off the surface and it is vacuumed. The Polyaspartic top coat is mixed with aluminum oxide and applied and spread onto the surface. Drying time is typically 6 hours. Urethane top coat is applied separately. The crew will provide instructions for ventilation and testing for dryness. Page 3 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF The top coat will cause a strong odor for 1-2 days. The surface should be allowed to dry overnight before moving back into the area. Final invoice will be adjusted for the local sales tax rate as needed. The client will receive a copy of the warranty, including product lot numbers, after final payment. The 5-year Penntek Manufacturer Warranty covers delamination from properly prepared substrates, which includes peeling, chipping and/or blistering of the coating. The warranty does not include damage to the coating from the concrete slab. Page 4 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF Page 5 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF Detail Plan PROPOSAL Andy Martin Penntek Break Room 848 sf City of Kent Tidal Wave or Pebble Beach 5821 S. 240th St Aluminum oxide 848 sf Kent Urethane 848 sf 253-569-6940 Crack patch 96 ft 3% moisture / 8 hardness Not to Scale Jim 425-691 -0691 • ■ 848.22 ft •• ■ ■ Page 6 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF TERMS AND CONDITIONS 1. Price Guarantees. The Contract Price shall remain valid for d. When lifting a structure or concrete surfaces that has settled over thirty (30) calendar days from the date of authorized signature on the time,there is the possibility of damage occurring. Any installations Contract by Matvey Foundation Repair,Inc. (hereinafter referred to as that were done in the past(doors,windows,etc.)may be affected by "Matvey"or"Contractor"). Unless the Contract is signed by customer the lifting of a structure or concrete surface. Cracking of concrete within thirty(30)calendar days of the date of authorized signature by or drywall may occur. Moreover, lifting settled areas may cause Matvey,the Contract Price is subject to change. weight transfer to other portions of the structure or slab which can potentially sink. Matvey will use reasonable care to prevent rs and/or minimize any damage/alteration but will not be r, responsible for,liable for,or warrant such damages or repairs. i e e. Purchase,placement,and compaction of fill soils if needed. DS h f. Slumping of soils over time after back-filling excavation pits which tENORKNEftb is normal. / e g. Matching new concrete color and texture with existing surfaces - / C regular grey concrete is used. st It. Any preparatory work such as moving personal possessions, at furniture,etc. s i. Removal of any asbestos-containing materials. Homeowners are p t allowed to remove asbestos without a license, contractors are not. Floor tiles that are 9" x 9" might contain asbestos and must be removed beyond our work area two row wide prior to arrival. For 3. Disputes. If there are any disputes regarding any portion of more information, please visit: the work performed pursuant to the Scope of Work,Customer agrees to www.health.state.wa.us/divs/eh/asbestos/floortile/index.htmI promptly pay when due for all undisputed portions of the work j. Removal of any landscaping or plants to be salvaged. performed pursuant to the Scope of Work. Customer's failure to make k. Final grade work and landscaping. payment when due shall constitute a material breach of the Contract. 1. Any carpentry work, painting, paneling, cutting walls, or other finishing work that the Customer may want to be done before and 4. Liens. If a supplier of materials used in your construction after the Project is finished. project or an employee or subcontractor of your contractor or m.Any electrical work that may be needed,See paragraph 6. subcontractors is not paid,your property may be lien to force payment n. Matvey does not assume responsibility or liability for Customer's and you could pay twice for the same work. Matvey shall, upon pets or neighborhood animals. request, provide Customer with further information about lien release o. Cleaning,dusting,and washing or general housekeeping of personal documents. See attached Disclosure Statement which is incorporated property. by reference. p. Final inspection is the responsibility of the Customer. q. Credits, offsets, or back charges unless both parties agree in 5. Customer Payment Representations. Customer represents advance and in writing. that it has sufficient funding and/or financing available to timely meet the payment obligations of the Contract. 9. New Concrete Recommendations. After any new concrete has been installed by Matvey, it is recommended to leave fresh 6. Customer Responsibilities. Customer is responsible for, but concrete exposed for a period of not less than 30 days to allow the not limited to: concrete to cure. a. All costs, fee, and expenses of structural and geotechnical 10. Modification to Scope of Work. Any Customer proposed engineering, permitting, surveying, and homeowner insurance alteration to and/or deviation from the terms of the Contract must be in requirements. writing and signed by both Matvey and Customer to be valid,however, b. Per Code a GFI outlet must be within six (6) feet of the sump Matvey,in its sole discretion and without notice to Customer,reserves pump.If no outlet currently exists,homeowner is responsible for the right to alter/modify the design,installation methods, layouts, and having a 20-amp GFI outlet installed within six (6) feet of each products to better accommodate Customer's Scope of Work. If the new sump pump. alteration/modification of the design, installation methods, layouts, c. Removing any floor coverings prior to the arrival of the installation and products to perform the Scope of Work requires a change in crew. Contract Price, Matvey will contact the Customer to discuss how the d. Asbestos tiles were popular in the United States in homes built work shall progress prior to proceeding with the same. between 1920's through the 1980's. Typically asbestos tiles are 9" by 9" the but were manufactured in different sizes. Black mastic it. Change Orders. Any alteration to and/or deviation from the was another popular product used in the. Customer Homeowner is terms of the Contract must be pursuant to a written change order responsible for testing suspect the and/or mastic prior to the signed by both Matvey and Customer. If Customer requests additional arrival of the installation crew. State law prohibits the removal of work and Matvey performs the same, and Customer fails to execute a asbestos tile by Matvey. We strongly recommend hiring an asbestos written change order, Customer shall remain liable for the cost of the abatement company to remove any effected work areas. You as a requested change order work. homeowner are allowed to remove the tile but it is recommended to follow state and federal code for removal. You can find additional 12. Delays. Matvey shall not be held liable for any delay in the information for removal online. If you have had any asbestos performance of the Contract due to City, County or State requirements abatements,we will require a copy for our files of the closure letter. (including, but not limited to, delays in obtaining permitting to perform the Scope of Work), delays in obtaining structural or 7. Matvey Representations. Subject to certain exclusions, geotechnical reports,acts of God and/or third-party entities over which Matvey agrees to furnish the labor,materials,and products to complete Matvey has no control. While Matvey always tries to keep all the Scope of Work specified in the Contract. scheduled appointments on track and on time, it is not always possible and scheduled times can change without notice. 8. Matvey Disclaimer of Responsibility. Matvey will not be responsible for and shall not be held liable for: 13. Taxes. Unless otherwise specified in writing, all prices set forth are exclusive of any federal, state, or local sales, use, value- a. Installation failure caused by natural or manmade disasters. added, property, excise, service, or similar taxes, excluding taxes on b. Concealed existing physical conditions or conditions which differ Matvey's income, (the "Taxes") now or hereafter levied, all of which materially from those ordinarily found to exist in projects of the shall be the responsibility of Customer. If Matvey is required to pay character provided for in the Contract. To the extent that such Taxes on behalf of Customer, Matvey shall invoice Customer for such conditions exist, and these concealed or differing site conditions Taxes which will be due upon receipt by Customer. cause an increase in Matvey's cost or time,then Matvey shall be entitled to additional compensation based upon the additional 14. Job Location Access. Matvey, or its authorized agent, will costs and/or time at Matvey's regular rates. perform the Scope of Work at the Job Location. Customer will provide c. Damage to any floor coverings of personal belongings due to Matvey, or its authorized agent, with such access and other wicking. cooperation as is reasonably required by Matvey to perform the Scope Customer Signature=4&=7777 Date Nov 20,2023 Page 7 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF of Work. If Matvey, or its authorized agent, is required to reschedule LIMITED TO ATTORNEYS' FEES, ARISING OUT OF OR or extend the time for the provision of the Scope of Work on account RESULTING FROM PERFORMANCE OF THE WORK IN AREAS of Customer's failure to provide such access and cooperation, IN WHICH HAZARDOUS SUBSTANCES, MATERIALS, OR Customer shall pay Matvey for additional time and expenses incurred CONDITIONS ARE PRESENT. on account of Customer delays.If Matvey runs the risk of hitting trees or damaging our vehicles to get access to the job site, we will notify 18. Permitting. Washington State REQUIRES that most city and Customer and discuss best options.Vehicle access require I V of height counties enforce the International Building Codes (IBC) in their clearance. If Customer does not have the work area(s) cleared to jurisdictions. The IBC requires that any building or structure being expose worksite to a minimum setback of 7' for waterproofing, altered or repaired must obtain a permit. Most cities and counties also entire surface of work for PennTek Coatings and Poly Concrete require that the engineer designs and calculations along with any work, and 5' from any structural work when crews arrive Matvey geotechnical reports required for certain jobs be signed and sealed by a will bill Customer for time loss at the rate of$1,750.00 (USD) per "Third Party" Engineer and/ or Geotech. PERMITTING IS THE day. SOLE RESPONSIBILTY OF EACH CUSTOMER HOMEOWNER AND MATVEY IS IN NO WAY LIABLE FOR ANY COSTS 15. Underground Utilities & Other Structures. Matvey will AND/OR PAYMENT REQUIREMENTS OF THE PERMITTING make every reasonable effort to preserve the integrity of underground PROCESS OR FOR CLAIMS ARISING OUT OF PERMITTING OR utilities, surrounding landscaping, sprinkler systems, etc., however, ANY DELAYS IN THE PERMITTING PROCESS THAT EFFECTS Matvey will not be liable for any damage to the same in connection IN ANY WAY THE COMPLETION OF THE SCOPE OF WORK. with the work performed pursuant to the Scope of Work.Customer, at their own expense is responsible to mark all underground utilities, a. Matvey Permitting Coordinator (if applicable). Only upon surrounding landscaping, sprinkler systems, etc., not marked by the mutual written agreement signed by both Matvey and Customer, public utility location service. Matvey will assist with the permitting process by coordinating all Engineering, Geotechnical, City and/or County inspections. Matvey 16. Unanticipated Conditions. The Contract is based upon a will supply a site plan and arborist plan if required. Matvey will site inspection without extensive information or knowledge of original assist with all required applications and inform the Customer about construction or previous repairs. At times we encounter various who to pay and when. Matvey will close out all permits at the end obstacles or attempted repairs that impede our progress. These repairs of the Project,except for geotechnical permits in the City of Seattle may or may not be known to the Customer and we will do what is because the City of Seattle requires the geotechnical firm of record necessary to avoid such obstacles, however if extra work involving to close the permit. Matvey shall not be held liable or responsible additional manpower or trades are required, Matvey will contact the for any delay and/or fees, costs, or expenses associated with Customer to discuss how the work shall progress. If there are any permitting. unforeseen conditions which make it unsafe or impossible to complete the Scope of Work as planned,the unperformed work will be excluded Customer understands that Matvey will not charge the Customer's from this Contract, and Matvey will reimburse the Customer (less any Deposit for structural or geotechnical engineering and/or fees, costs, and expenses incurred in identifying such unforeseen permitting, the Customer will need to pay them directly to the conditions)for any work not performed. appropriate entity (company, city, county, state, etc.). If the engineer of record or governing jurisdiction requires a full Because we cannot see under concrete field conditions result in changes to the geotechnical report to acquire a permit, a geotechnical firm will original scope of work,we will do what is reasonable and necessary to avoid such need to be hired based on access and scope of report at Customers obstacles,however,if extra work involving additional manpower or material are sole expense as a third party,and Matvey will not be responsible for required,we will contact the owner immediately to discuss how the work shall any of these fees,costs,or expenses. progress. 19. Expiration and Termination. Additional fees will apply if concrete demo work required apart from standard slab of 4"-6" in depth and footing dimensions of a. Termination of Contract&Cost Recovery. Customer may terminate,without 16"-20" width x 8"-14" depth. If concrete disposal is not included cause,the Contract within seven(7)calendar days after the date of Customer's in the bid, additional fees will apply. Additional fees will apply if signature on the Contract and Customer shall be reimbursed for any unperformed excavation of more than 3' is needed to install foundation repair work.If a cancellation is made after seven(7)calendar days,Matvey may,in its products. Push Piers, Helical Piers, Pin Pile and Lateral Tiebacks sole discretion,retain up to 10%of the total Contract Price,plus the cost of any all come with the first 30' included in the price (Washington State custom material or product purchases. average depth for refusal averages is 15'-20') Matvey will charge $20.00 per foot for any depth beyond the first 30'. b. Default and Termination.The occurrence of any of the following events shall constitute a default("Default")by Customer:(i)non-payment when due of any a. Iron Ochre or Iron Bacteria. If Ochre or Iron Bacteria is amount payable by Customer in accordance with this Contract;(ii)Customer's discovered during the Project, Matvey will contact the Customer to breach of any covenant or condition of this Contract;(iii)Customer becomes discuss remediation options. If Ochre or Iron Bacteria is left insolvent;(iv)Customer files for protection under any bankruptcy or similar laws untreated, it will void any applicable warranty. Given the nature of or if any proceeding in bankruptcy, receivership or insolvency shall be the bacteria, Matvey cannot warrant or guarantee that all bacteria commenced by or against Customer or its property; (v) Customer makes an will be remediated. Additional costs will apply for any remediation assignment for the benefit of its creditors;or(vi)if any substantial attachment or work. execution be levied on any of Customer's property.In the event of a Default,and in addition to all other remedies, all of which are cumulative, Matvey may 17. Hazardous Working Environment. Matvey shall have no immediately terminate the Contract. Matvey shall be entitled to recover from obligation to perform any work that may disturb,threaten to disturb,or Customer any and all fees,costs,and expenses and damages sustained by Matvey require Matvey, its employees, or subcontractors to come in contact by reason of such Default including, but not limited to, materials, services, with hazardous substances, materials, or conditions (as defined by reasonable attorneys' fees and all other expenses. The rights and remedies Matvey)existing at the Job Location or brought onto the Job Location specified herein shall not be exclusive and shall be cumulative.The exercise or by anyone other than Matvey, its employees or subcontractors. If, the non-exercise of any right or remedy shall not limit or prejudice Matvey as to during performance of the Scope of Work, Matvey encounters any that right or remedy or as to any other rights or remedies provided by applicable material located at the Job Location that Matvey believes to be a law. hazardous substance, material, or condition Matvey may immediately cease all applicable portions of the Scope of Work which could 20. Limitation of Liability. MATVEY SHALL NOT BE LIABLE TO endanger Matvey employees or subcontractors. CUSTOMER AGREES CUSTOMER (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED THAT CESSATION OF WORK UNDER THESE FROM CUSTOMER'S RIGHTS)FOR ANY LOSS OF USE,LOSS OF TIME, CIRCUMSTANCES DOES NOT CONSTITUTE A BREACH OF INCONVENIENCE, COMMERCIAL LOSS, INDIRECT, INCIDENTAL, CONTRACT AND MATVEY SHALL NOT BE LIABLE TO CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES CUSTOMER.TO THE FULLEST EXTENT PERMITTED BY LAW, OF ANY KIND (INCLUDING DAMAGES TO CUSTOMER'S REAL OR CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD PERSONAL PROPERTY), OR FOR LOST PROFITS OR SAVINGS, HARMLESS MATVEY, ITS CONSULTANTS, AGENTS, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF EMPLOYEES, SUBCONTRACTORS, OR ANY OF THEM FROM SUBSTITUTE GOODS OR SERVICES OR LOSS OF GOODWILL OR AND AGAINST ANY AND ALL CAUSES OF ACTION, CLAIMS, REPUTATION WITH RESPECT TO ANY CAUSES OF ACTION OR DAMAGES, LOSSES, AND EXPENSES (MADE BY ANY CLAIMS BASED IN CONTRACT,TORT OR OTHERWISE(INCLUDING INDIVIDUAL(S) OR ENTITIES), INCLUDING BUT NOT NEGLIGENCE AND STRICT LIABILITY) ARISING OUT OF OR Customer Signature ilaa�,:uP,n Date Nov 20,2023 Page 8 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF RELATING TO THE WORK PERFORMED IN CONNECTION WITH THE CONTRACT, OR ANY MATERIALS, PRODUCTS, OR SERVICES PROVIDED IN CONNECTION WITH THE CONTRACT, WHICH INCLUDES,ANY CLAIMS ASSOCIATED WITH PERMITTING,UTILITY 24. Miscellaneous. LOCATION, STRUCTURAL AND GEOTECHNICAL SURVEYING, ASSESSMENT,AND REPORTING,AND ALSO INCLUDES ANY CLAIMS a. Force Majeure.In no event shall Matvey be responsible or liable for any ARISING OUT OF FAILURE/REFUSAL BY CUSTOMER TO OBTAIN failure or delay in the performance of its obligations hereunder arising out of REQUIRED PERMITTING. MATVEY'S MAXIMUM CUMULATIVE or caused by, directly or indirectly, forces beyond its control, including, LIABILITY ARISING OUT OF OR RELATING TO THIS CONTRACT AND without limitation, strikes, work stoppages, accidents, acts of war or ANY MATERIALS, PRODUCTS, OR SERVICES PROVIDED IN terrorism,civil or military disturbances,nuclear or natural catastrophes or CONNECTION WITH THIS CONTRACT,REGARDLESS OF THE CAUSE acts of God, and interruptions, loss or malfunctions of utilities, OF ACTION (WHETHER IN CONTRACT, TORT, WARRANTY, communications or computer (software and hardware) services; it being NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), SHALL NOT understood that Matvey shall use reasonable efforts which are consistent with EXCEED THE AGGREGATE CONTRACT PRICE. accepted practices in the banking industry to resume performance as soon as practicable under the circumstances. 21. Warranty. MATVEY WILL ONLY WARRANTY THE EXACT AREA(S)OF REPAIR WHERE WORK IS PERFORMED PURSUANT TO b. Entire Agreement.The Contract(including any amendments thereto)and THE SCOPE OF WORK.Matvey provides a free Limited Lifetime Warranty on these Terms and Conditions set forth the entire agreement of the parties as to residential structural steel products,Residential Poly Concrete Leveling,Penntek its subject matter and supersedes all prior agreements, negotiations, Coatings and Waterproofing all of which is transferable once.Matvey also provides representations,and promises between them with respect to its subject matter. a Standard Warranty for commercial applications: 5 years on Poly Concrete Any terms or conditions set forth in any other document provided by Leveling,3 years on joint and crack repair,20 years on Structural steel products and Customer that conflicts with or is supplement to the Contract or these Terms 15 years on waterproofing unless otherwise noted.See actual written warrantees for and Conditions shall be null and void.These Terms and Conditions may not details and limitations regarding all warranties. All warranties are conditional on be amended unless the amendment is in writing and signed by authorized payment in full per the terms of the Contract.Final reports and warranty will be representatives of both parties. issued by Matvey upon project completion within ten(10)business days of receiving payment in full and final invoice signed by client.Any project not paid in full within C. Severability.If any provision of the Contract or these Terms and Conditions thirty(30)calendar days of completion will not receive a warranty without Matvey's should be held invalid or unenforceable, such provisions shall be deemed express written approval. deleted and replaced by a valid and enforceable provision which so far as possible achieves the parties'intent in agreeing to the original provision.The 22. Disclaimer of Warranty.SUBJECT TO SECTION 21 ABOVE,ANY remaining provisions shall be unaffected and shall remain in full force and MATERIALS,PRODUCTS,OR SERVICES PROVIDED BY MATVEY ARE effect,to the extent consistent with the intent of the parties as evidenced by PROVIDED"AS IS"AND ARE NOT WARRANTIED BY MATVEY.THE the Contract (including any amendments thereto) and these Terms and FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER Conditions as a whole. WARRANTIES,EXPRESS OR IMPLIED,ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE d. Waiver.A waiver of rights under the Contract(including any amendments IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A thereto)or these Terms and Conditions will not be effective unless it is in PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE writing and signed by an authorized representative of the party that is waiving ARISING FROM COURSE OF DEALING,COURSE OF PERFORMANCE the rights.The failure of any party to require the performance of any term or OR USAGE OF TRADE. obligation of the Contract(including any amendments thereto)or these Terms and Conditions,or the waiver by any party of any breach,shall not prevent a. Lifting & Leveling. Due to multiple factors (i.e., existing building defects, any subsequent enforcement of such term or obligation or be deemed a previous attempts at leveling,etc.),Matvey does not warrant that the Project will waiver of any subsequent breach. be entirely level upon completion of the job.Moreover,Matvey is sometimes unable to achieve full lift due to concrete defects, site conditions, structural e. Governing Law.The Contract(including any amendments thereto)and these issues,and other onsite conditions. Terms and Conditions,and any and all disputes directly or indirectly arising out of or relating to the Contract(including any amendments thereto)or these b. Cracking,Sinking,Damages.When lifting a structure or concrete surfaces that Terms and Conditions,will be governed by and construed in accordance with has settled over time, there is the possibility of damage occurring. Any the laws of the State of Washington,without reference to the choice of law installations that were done in the past(doors,windows,etc.)may be affected by rules thereof the lifting of a structure or concrete surface.Cracking of concrete or drywall may occur.Moreover,lifting settled areas may cause weight transfer to other portions f. Dispute Resolution.Matvey and Customer agree to first mediate to resolve of the structure or slab which can potentially sink.Matvey will use reasonable their differences. If mediation is not successful, any dispute, claim or care to prevent and/or minimize any damage/alteration but will not be controversy arising out of or relating to the Contract (including any responsible for,liable for,or warrant such damages or repairs.If you are amendments thereto) and the Terms and Conditions or the breach, concerned about the likelihood and extent of such potential damages,please termination, enforcement, interpretation, or validity thereof, including the discuss with your design technician and foreman prior to the start of your Project, determination of the scope or applicability of the same to arbitrate,shall be determined by arbitration in King County, WA. The arbitration shall be c. Existing Footings.Customer understands if the Stabilizers Post Replacement are administered by JAMS. The parties are jointly and severally liable for utilized on the existing concrete pier pads, there is no warranty against payment of JAMS arbitration fees and arbitrator compensation and expenses. settlement,and that any future adjustments will be an additional charge. Matvey and Customer shall pay its pro-rata share of JAMS fees and expenses as set forth in the JAMS fee schedule in effect at the time of the d. Fireplace.If you have a fireplace,please know that Matvey cannot cover the commencement of the arbitration.If one party has paid more than its share of fireplace area under warranty.Matvey is not responsible for,liable for,and such fees,compensation and expenses,the arbitrator may award against any does not warrant any fireplace bricks,stone,or other materials that may party any such fees,compensation,and expenses that such party owes with loosen from installation around the area. respect to the arbitration.Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking 23. Assignment.Customer shall not assign,delegate,or otherwise transfer provisional remedies in aid of arbitration from a court of appropriate (whether voluntarily,by operation of law or otherwise)the Contract,or any of its jurisdiction. rights or obligations under the Contract, without the prior written consent of Matvey. A Change of Control(defined as the sale of all or substantially all the g. Survival. These Terns and Conditions shall survive any expiration or assets of Customer;any merger,consolidation or acquisition of Customer with,by or termination of the Contract(including any amendments thereto)and shall not into another corporation,entity or person;or any change in the ownership of more affect rights or obligations of the parties under the Contract(including any than fifty percent(50%)of the voting capital stock of Customer in one or more amendments thereto)that have accrued prior to the date of termination or related transactions), shall be deemed an assignment by operation of law for the expiration of the Contract(including any amendments thereto). purposes of this provision. Any attempted or purported assignment,delegation or other transfer not in conformance with this provision shall be void and have no effect.Subject to the foregoing,this provision is binding upon and will inure to the benefit of Matvey and Customer and their respective successors and assigns. Customer Signature=47 .cos„ Date Nov20,2023 Page 9 of 16 DocuSign Envelope ID:AA89C77C-B59C-42E6-BCCF-52570A5A63DF Department of Labor and Industries Construction Compliance DISCLOSURE STATEMENT-NOTICE TO CUSTOMER This contractor is registered with the state of Washington, registration NO.CC MATVEFR837K5, and has posted with the state a bond or deposit of$12,000.00 for the purpose of satisfying claims against the contractor for breach of contract including negligent or improper work in the conduct of the contractor's business. The expiration date of this contractor's registration is 6-15-2024. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by this contractor. The bond or deposit is intended to pay valid claims up to $12,000.00 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help ensure that your project will be completed as required by your contract. YOUR PROPERTY MAYBE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of your contractor or subcontractors is not paid, your property may be lien to force payment and you could pay twice for the same work. FOR ADDITIONAL PROTECTION YOU MAY REQUEST THE CONTRACTOR TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR AT YOUR PROJECT. The contractor is required to provide you with further information about lien release document if you request it. General information is also available from the state Department of Labor and Industries. I have received a copy of this disclosure statement. Customer Signature Date Nov 20,2023 Page 10 of 16 z cn . - z ' • /�` y Q 'ONI Q +; LuO LL Ir r K. LL LU LU LLI z I � 1 ' 1' I+ 1 1w. W LL W LLI = . W O cr co „L1 a zcr) °° �„ o >: OQcoLnW T �F _ z > NM Q co U O O L � M M � N � M LO W C/) \J T r > \ T Q I Q ��Ntlll// OLL a z` m (a UJ a U 0 o o • a ai -0 a) • w >, � ° � � � 32 (3) _0 t � CO co a N a) 0 . : o ca 0 co °- o � .0 o 0 co CL m • • • a 6 a E U o , U S Ov m • ° a ' > o c i Y a� ' \ Oju • o y u O • � a U • a) O N a) Q f �tf... • U .O • • • U O co m Q cn O ' c °) Oco :r c -0 ea m Xca a), U 20 -0 ' ' • EroQ o �V) C m L X U F 7 • X O > N • XO .-. LJJ U ,}, ram• 1 a a) • a) • • U LL a = U N - N r N U1 {� L ID 7 si O a = m m a m ° > in a Y N 01 cfl U Y Q a 6;*•"{ CLQU c°i CLQ ° H o H fr o C)CL LU Q wL 5 rr S � � f o o .0 .0 aa O > 'd fL1L ao T Q �. • • zp 06 � N L YcN� roa�N'O 3 "O N 0 o Uoa) U-aO-E CNa V N co° w~5 Nc-0-a' �o WE Q ¢Z Cl)000 amN LLJ • w WWW o_ Y z° O w Q77LJ )%e ••x v (nd > fn w '��� '. -a • x w �� r • LLI Ia U V7o, U i IL w ;fir N I.Mm �.1 J'^ UO _ . . :�•1 �� r _ _ � �^ _ _ � T _�`.� - � 7►- � � .-__ •�• _ ?'�T _ _ i T - _����. _- .T = - � ;a. �� ������_ _ 'k T ` �` �� 4 , I �.. 2-4 day installation process • 5-7 day cure time Not LIV stable =} ' Loses flexibility resulting in chipping and peeling • Diluted with fillers for lower overhead cost High VOCs cause products to evaporate, -� leaving the customer with less product CO M M O N • Many have lower solids content leading POLYUR to inconsistent chip coverage and poor long-term adhesion . r _ Cures from the outside in leading to Y TO a weak bond with the substrate x -� ; Cannot withstand alkalinity in CONCRETE concrete, which impacts adhesion POLYASPARTI Many use an a oxV "primer" in order G ' to be installed a' Thin and brittle product with , r minimal chip coverage , :- r • Difficult to prepare concrete r without renting professional I SKI T equipment • Most are water-based epoxies which have low adhesion DocuSign Envelope ID: AA89C77C-B59C-42E6-BCCF-52570A5A63DF wny PennteKr 99.5% Polyurea I Coat 40A Penntek offers pure polyureas free from fillers and VOCs. Penntek uses the highest quality products, leaving the customer with floors that are long-lasting, UV resistant, flexible, and durable in ever-changing environments. C3Manufacturer's Warranty All Penntek certified dealers are backed by the manufacturer's 15-year residential warranty. Penntek stands behind its dealers and ensures the highest quality of product performance. Certif ied Dealer!- Penntek certified dealers must undergo a rigorous vetting process in order to install Penntek products. Installers are then sent to a multi-day installation class at Penntek HQ to be trained by Penntek Technical Instructors. Customers can be confidentthat Penntek dealers are trained and backed by their manufacturer. One-Day installation Penntek products are designed to be installed in one day. The customer is able to return to service typically within 24 hours, allowing them to enjoy their space sooner. DocuSign Envelope ID: AA89C77C-B59C-42E6-BCCF-52570A5A63DF FAQs for ConE , ete Coatings productW Q-0 W17o is your „ A: It is important for customers to know what products a given company is installing. Consistent products ensure consistent results. Penntek is proud to provide proprietary products manufactured in The United States. Q: Is your product backed by your manufacturer? A: All Penntek floors are backed by the manufacturer's 15-year residential warranty. Q: What is the solids content of your base coat? A: Penntek offers a pure polyurea base coat that is over 99.5% solids. This means their product does not contain fillers or additives to cut costs or quality. EMEMEr- i . . you prep the concrete . A: Penntek certified dealers use only the highest quality floor prep equipment and triple-filtered HEPA vacuums. Penntek's award-winning concrete mender is used to repair cracks and pits. Prep is key in achieving a long-lasting floor. How are your floor technicians trained? A: All Penntek certified dealers are required to complete a multi-day training program at Penntek HQ. Q: Where else can we install your product? A: From garages to pool decks, residential to commercial, Penntek products are formulated to succeed in the harshest of environments. Learn more at PenntekCoatings.com Exhibit Insurance Requirements 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: Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. Automobile Liability insurance providing bodily injury and property damage liability coverage for all owned, non-owned, hired, and leased vehicles used in the performance of this Agreement. This coverage must be on a primary and non-contributory basis only. Coverage shall be written on 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. Workers' Compensation coverage for the employees of Contractor and subcontractors as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: Commercial General Liability insurance shall be written with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per occurrence. The above policy limits may be obtained with excess liability (umbrella) insurance. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Contractor's insurance policies and shall not contribute to the Contractor's insurance policies. 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 has been given to the City, sent via certified mail, return receipt requested. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) with respect to work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as an 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 claims are made or suit is brought, except with respect 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. The City waives no rights, and the Contractor is not excused from performance if Contractor fails to provide the City with a copy of the endorsements naming the City as a Primary Non-Contributory Additional Insured. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all the same insurance requirements as stated herein for the Contractor. Client#: 1970301 MATVECON ACORD.. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)11/09/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Laura Kovarik USI Insurance Services NW PHONE 206 441-6300 FAX 601 Union Street,Suite 1000 (A/C a Lo,Ext: A/c,No: 610-362-8530 ADDRESS: laura.kovarik@usi.com Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# 425 822-1368 INSURER A:Clear Blue Specialty Insurance Co. 37745 INSURED INSURER B:Western National Mutual Insurance Compa 15377 Matvey Construction Inc INSURER C Matvey Foundatin & Repair Inc. INSURER D 18915 16th Ave S INSURER E: Seatac,WA 98188 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 CONTRACTOR 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. LT R TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X AR01 RS220339602 11/04/2023 11/04/2024 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �X OCCUR PREMISES ERENTED ccr nce $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENT AGGREGGATTELIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X1 JECOT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY X X CPP1196332 9/27/2023 09/27/202 CMINED Ea acciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AR01 RS220339602 11/04/2023 11/04/202 PER OTH- AND EMPLOYERS'LIABILITY TAT TE X ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Leased/Rented X CPP1196715 9/27/2023 09/27/202 Limit$25,000 Equipment DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Project name: City of Kent Parks Various Bathroom Epoxy Coating. The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Kent, only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. The General Liability policy contains a special endorsement with Primary and Noncontributory wording,when required by written contract.The (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Ben Levenhagen ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Ave. South Kent,WA 98032 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S42586652/M42544937 SNCZP DESCRIPTIONS (Continued from Page 1) General Liability policy includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. SAGITTA 25.3(2016/03) 2 of 2 #S42586652/M42544937 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 2 Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section ll. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions —Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident" that occurred before you formed Extensions, a. Supplementary Payments is or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident" we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, S. Fellow COVERAGE, A. Coverage, 3. Glass Breakage— Employee, the following is added: Hitting A Bird Or Animal — Falling Objects Or Co-Employee Lawsuit Defense Cost Missiles, is amended by adding the following: Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a manner acceptable to us, If a suit seeking damages for "bodily injury" to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to the conduct of your business, or a suit seeking SECTION III — PHYSICAL DAMAGE damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding the following: brother or sister of that fellow "employee", is brought against you, we will reimburse reasonable S. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any SECTION III — PHYSICAL DAMAGE COVERAGE "auto" you own, then the Physical Damage AMENDMENTS Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest Physical Damage — Loss Of Use deductible applicable to any owned "auto" B. Hired Auto Ph Y 9 for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening; COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage SECTION III — PHYSICAL DAMAGE applicable to any covered "auto"you own. COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding 6. Rental Reimbursement the following: This coverage applies only to a covered "auto" 7. Accidental Airbag Deployment Coverage of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered "auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses incurred during the policy period beginning SECTION III PHYSICAL DAMAGE COVERAGE, 24 hours after the "loss" and ending, Item A., Coverage, is amended by adding the regardless of the policy's expiration, with following: the lesser of the following number of days: g, Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan (2) 30 days. for a covered "auto"less: c. Our payment is limited to the lesser of the a. The amount paid under the Physical following amounts: Damage Coverage Section on the policy; and (1) Necessary and actual expenses b. Any: incurred, or (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the "loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or light truck type, we will pay under this (4) Costs for extended warranties, Credit coverage only that amount of your rental Life Insurance, Health, Accident or reimbursement expenses which is not Disability Insurance purchased with already provided for under SECTION III — the loan or lease; and PHYSICAL DAMAGE COVERAGE, A. Coverage,4. Coverage Extensions. (5) Carry-over balances from previous loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any additional hazards, we will not deny coverage This condition applies only when the "accident" or under this Coverage Part because of such failure. "loss" is known to: (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered "autos"you own: But, this section does not amend the provisions relating to notification of police, protection or (1) Any covered "auto" you lease, hire, rent or examination of the property which was subject to borrow. the "loss". (2) Any covered "auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV — BUSINESS AUTO CONDITIONS, A. permission, while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered "auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 5 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 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 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 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 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Blanket as required by virtue of written contract All locations as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y y caused, in whole or in part,by: property damage occurring after: 1. All work, including materials, parts or 1. Your acts or omissions;or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III— Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All operations of the named insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designatte ed Limit. Construction Project Gen- completed operations hazard", and for medi eral- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable;and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply asstipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ COMMERCIAL GENERAL LIABILITY CG 20 34 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - LESSOR OF LEASED EQUIPMENT - AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Who Is An Insured (Section II) is amended to A person's or organization's status as an additional include as an additional insured any person or or- insured under this endorsement ends when their ganization from whom you lease equipment when contract or agreement with you for such leased you and such person or organization have agreed equipment ends. in writing in a contract or agreement that such per- B. With respect to the insurance afforded to these son or organization be added as an additional in- additional insureds, this insurance does not apply sured on your policy. Such person or organization to any "occurrence" which takes place after the is an insured only with respect to liability for"bodily equipment lease expires. injury", "property damage" or "personal and adver- tising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. CG 20 34 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ ^0 KENT Welcon Home Basic Information Legal Entity Name UBI License Type Application Id Reissuance FileLocal License Number Application Status Matvey Construction, Inc 6020807980010001 BLOC 11958 U 2161132 (2023) Issued Printable Application I Download Business License Certificate S Manual Business License Renewal 2023 Send FileLocal Renewal Notice 2023 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 11/20/2023 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $59.07 15J 11 P 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J 11 P 8Y View King Laborers Ballast Regular Machine $59.07 15J lip 8Y View King Laborers Batch Weighman $50.07 15J lip 8Y View King Laborers Brick Pavers $59.07 15J lip 8Y View King Laborers Brush Cutter $59.07 15J lip 8Y View King Laborers Brush Hog Feeder $59.07 15J lip 8Y View King Laborers Burner $59.07 15J lip 8Y View King Laborers Caisson Worker $60.90 15J lip 8Y View King Laborers Carpenter Tender $59.07 15J lip 8Y View King Laborers Cement Dumper-paving $60.15 15J lip 8Y View King Laborers Cement Finisher Tender $59.07 15J lip 8Y View King Laborers Change House Or Dry Shack $59.07 15J lip 8Y View King Laborers Chipping Gun (30 Lbs. And $60.15 15J lip 8Y View Over) King Laborers Chipping Gun (Under 30 Lbs.) $59.07 15J 11P 8Y View King Laborers Choker Setter $59.07 15J lip 8Y View King Laborers Chuck Tender $59.07 15J lip 8Y View King Laborers Clary Power Spreader $60.15 15J lip 8Y View King Laborers Clean-up Laborer $59.07 15J lip 8Y View King Laborers Concrete Dumper/Chute $60.15 15J lip 8Y View Operator King Laborers Concrete Form Stripper $59.07 15J lip 8Y View King Laborers Concrete Placement Crew $60.15 15J lip 8Y View King Laborers Concrete Saw Operator/Core $60.15 15J lip 8Y View Driller King Laborers Crusher Feeder $50.07 15J lip 8Y View King Laborers Curing Laborer $59.07 15J lip 8Y View King Laborers Demolition: Wrecking It Moving $59.07 15J lip 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15.1 11 P 8Y View King Laborers Diver $60.90 15J lip 8Y View King Laborers Drill Operator (Hydraulic, $60.15 15J lip 8Y View Diamond) King Laborers Dry Stack Walls $59.07 15J lip 8Y View King Laborers Dump Person $59.07 15J lip 8Y View King Laborers Epoxy Technician $59.07 15.1 lip 8Y View King Laborers Erosion Control Worker $59.07 15J lip 8Y View King Laborers Faller Et Bucker Chain Saw $60.15 15J lip 8Y View King Laborers Fine Graders $59.07 15.1 lip 8Y View King Laborers Firewatch $50.07 15J lip 8Y View King Laborers Form Setter $60.15 15J lip 8Y View King Laborers Gabian Basket Builders $59.07 15J lip 8Y View King Laborers General Laborer $59.07 15J lip 8Y View King Laborers Grade Checker Et Transit Person $62.49 15J lip 8Y View King Laborers Grinders $59.07 15J lip 8Y View King Laborers Grout Machine Tender $59.07 15J lip 8Y View King Laborers Groutmen (Pressure) Including $60.15 15.1 lip 8Y View Post Tension Beams King Laborers Guardrail Erector $59.07 15J lip 8Y View King Laborers Hazardous Waste Worker (Level $60.90 15J lip 8Y View A) King Laborers Hazardous Waste Worker (Level $60.15 15J lip 8Y View B) King Laborers Hazardous Waste Worker (Level $59.07 15J lip 8Y View C) King Laborers High Scaler $60.90 15J lip 8Y View King Laborers Jackhammer $60.15 15J lip 8Y View King Laborers Laserbeam Operator $60.15 15J lip 8Y View King Laborers Maintenance Person $59.07 15.1 lip 8Y View King Laborers Manhole Builder-Mudman $60.15 15J lip 8Y View King Laborers Material Yard Person $59.07 15J lip 8Y View King Laborers Mold Abatement Worker $59.07 15J lip 8Y View King Laborers Motorman-Dinky Locomotive $62.59 15J lip 8Y View King Laborers nozzleman (concrete pump, $62.49 15.1 lip 8Y View green cutter when using combination of high pressure air Et water on concrete Et rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster) King Laborers Pavement Breaker $60.15 15J lip 8Y View King Laborers Pilot Car $50.07 15J lip 8Y View King Laborers Pipe Layer (Lead) $62.49 15.1 lip 8Y View King Laborers Pipe Layer/Tailor $60.15 15J lip 8Y View King Laborers Pipe Pot Tender $60.15 15J lip 8Y View King Laborers Pipe Reliner $60.15 15J lip 8Y View King Laborers Pipe Wrapper $60.15 15J lip 8Y View King Laborers Pot Tender $59.07 15J lip 8Y View King Laborers Powderman $60.90 15J lip 8Y View King Laborers Powderman's Helper $59.07 15J lip 8Y View King Laborers Power Jacks $60.15 15J lip 8Y View King Laborers Railroad Spike Puller - Power $60.15 15J lip 8Y View King Laborers Raker - Asphalt $62.49 15J lip 8Y View King Laborers Re-timberman $60.90 15J lip 8Y View King Laborers Remote Equipment Operator $60.15 15J lip 8Y View King Laborers Rigger/Signal Person $60.15 15J lip 8Y View King Laborers Rip Rap Person $59.07 15J lip 8Y View King Laborers Rivet Buster $60.15 15J lip 8Y View King Laborers Rodder $60.15 15J lip 8Y View King Laborers Scaffold Erector $59.07 15J lip 8Y View King Laborers Scale Person $59.07 15J lip 8Y View King Laborers Sloper (Over 20") $60.15 15J lip 8Y View King Laborers Sloper Sprayer $59.07 15J lip 8Y View King Laborers Spreader (Concrete) $60.15 15J lip 8Y View King Laborers Stake Hopper $59.07 15J lip 8Y View King Laborers Stock Piler $59.07 15J lip 8Y View King Laborers Swinging Stage/Boatswain $50.07 15J 11P 8Y View Chair King Laborers Tamper Et Similar Electric, Air Et $60.15 15J lip 8Y View Gas Operated Tools King Laborers Tamper (Multiple Et Self- $60.15 15J lip 8Y View propelled) King Laborers Timber Person - Sewer (Lagger, $60.15 15J lip 8Y View Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $59.07 15J lip 8Y View King Laborers Topper $59.07 15J lip 8Y View King Laborers Track Laborer $59.07 15J lip 8Y View King Laborers Track Liner (Power) $60.15 15J lip 8Y View King Laborers Traffic Control Laborer $53.54 15J lip 9C View King Laborers Traffic Control Supervisor $56.73 15J lip 9C View King Laborers Truck Spotter $59.07 15J lip 8Y View King Laborers Tugger Operator $60.15 15J lip 8Y View King Laborers Tunnel Work-Compressed Air $175.79 15J lip 9B View Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $180.82 15J lip 9B View Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $184.50 15J lip 9B View Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $190.20 15J lip 9B View Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $192.32 15J lip 9B View Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $197.42 15J lip 9B View Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $199.32 15J lip 9B View Worker 68.01-70.00 psi King Laborers Tunnel Work-Compressed Air $201.32 15J lip 9B View Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $203.32 15J lip 9B View I Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $62.59 15J lip 8Y View Tender King Laborers Tunnel Work-Miner $62.59 15J lip 8Y View King Laborers Vibrator $60.15 15J lip 8Y View King Laborers Vinyl Seamer $59.07 15J lip 8Y View King Laborers Watchman $45.51 15J lip 8Y View King Laborers Welder $60.15 15J lip 8Y View King Laborers Well Point Laborer $60.15 15J lip 8Y View King Laborers Window Washer/Cleaner $45.51 15J lip 8Y View Signature: � � � Signature: lnee -aNOCoynHe Email: rlashley@kentwa.gov Email: cityclerk@kentwa.gov OPS-112023-Matvey-S hop FloorCoating Final Audit Report 2023-11-21 Created: 2023-11-20 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAJVvd5r3jWORt7ACo1oULULhSLrMsJ4Gf "OPS-112023-Matvey-ShopFloorCoating" History Document created by Shayla Ott (sott@kentwa.gov) 2023-11-20-4:43:01 PM GMT Document emailed to glee@kentwa.gov for signature 2023-11-20-4:51:13 PM GMT Email viewed by glee@kentwa.gov 2023-11-20-8:10:45 PM GMT d4 Signer glee@kentwa.gov entered name at signing as Garin Lee 2023-11-20-8:12:50 PM GMT �a Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2023-11-20-8:12:52 PM GMT-Time Source:server Document emailed to Ronald Lashley(rlashley@kentwa.gov)for signature 2023-11-20-8:12:55 PM GMT Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2023-11-21 -0:48:59 AM GMT da Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date:2023-11-21 -0:54:51 AM GMT-Time Source:server Document emailed to bjlevenhagen@kentwa.gov for signature 2023-11-21 -0:54:55 AM GMT Email viewed by bjlevenhagen@kentwa.gov 2023-11-21 -4:33:54 PM GMT Signer bjlevenhagen@kentwa.gov entered name at signing as Brian Levenhagen 2023-11-21 -4:34:20 PM GMT Powered by Adobe ENT Acrobat Sign �p Document e-signed by Brian Levenhagen (bjlevenhagen@kentwa.gov) Signature Date:2023-11-21 -4:34:22 PM GMT-Time Source:server Document emailed to Shea Byfield (sheab@gomatvey.com) for signature 2023-11-21 -4:34:28 PM GMT Email viewed by Shea Byfield (sheab@gomatvey.com) 2023-11-21 -4:35:15 PM GMT Document e-signed by Shea Byfield (sheab@gomatvey.com) Signature Date:2023-11-21 -4:37:36 PM GMT-Time Source:server Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2023-11-21 -4:37:48 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2023-11-21 -4:40:15 PM GMT �p Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2023-11-21 -4:42:46 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2023-11-21 -4:42:49 PM GMT Email viewed by cityclerk@kentwa.gov 2023-11-21 -4:49:23 PM GMT 64 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2023-11-21 -4:51:51 PM GMT Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2023-11-21 -4:51:53 PM GMT-Time Source:server Q Agreement completed. 2023-11-21 -4:51:53 PM GMT Powered by Adobe ` ENT Acrobat Sign