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HomeMy WebLinkAboutCAG2024-209 - Original - Great Western Installations, Inc. - Engineered Wood Fibar Installation at Various Kent Parks - 05/02/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr:. Agreement Routing Form DirAsst: Z. For Approvals,Signatures and Records Management Dir/Dep: x(— KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover a (Optional) W A S H I N G T O N Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: c 03/21/2024 04/04/2024 CL Authorized to Sign: Date of Council Approval: C. a Mayor or Designee NA Budget Account Number: Grant? Yes NOW] P21082.64190.5xxx 850 W Budget?WLYes F]No Type: N/A Vendor Name: Category: Great Western Installations, Inc. Contract Vendor Number: Sub-Category: C 2549066 Original 0 Project Name: Engineered Wood Fibar install at various City of Kent Parks 3. Project Details: 00 Vendor to provide and install Engineered Wood Fibar at various C City of Kent Parks. C do£ Agreement $35,209.98 Basis for Selection of Contractor: Other E *Memo to Mayor must be attached 1. Start Date: 04/04/2024 Termination Date: 10/31/2024 Q Local Business? Yes C No*lfineets requirements per KCC3.70.100,please complete'VendorPurchase-Local Exceptions'formonCityspace. Business License Verification: Yes In-ProcessEl Exempt(KCC 5.01.045) C�Authorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesF,/—]No CAG2024-209 Comments: 1A cm 3 C C Vf � cc Jarl,�_ � cc Date Received:City Attorney: 4/5/24 Date Routed:Mayor's Office 4/30/24 City Clerk's Office 5/2/24 adccW22373_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASH- -GOODS & SERVICES MAINTENANCE AGREEMENT between the City of Kent and Great Western Installations, Inc. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Great Western Installations, Inc. d.b.a Great Western Installations organized under the laws of the State of Utah, located and doing business at 975 S. State Hwy 89 Logan, UT 84321; Contact: Tyler Kyriopoulos; Phone: (435) 760-5103 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following maintenance services for the City: Vendor to provide Engineered Wood Fibar and install to various City of Kent Parks as listed in Exhibit A. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or maintenance services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by October 315t , 2024. 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 Vendor an amount not to exceed THIRTY FIVE THOUSAND TWO HUNDRED NINE DOLLARS AND NINETY EIGHT CENTS ($35,209.98), including applicable Washington State Sales Tax, for the goods, materials, and maintenance services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: Vendor to provide invoice for services and materials upon completion and approval of work to APinvoices@kentwa.gov Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment GOODS & SERVICES MAINTENANCE AGREEMENT - 1 (Over$20,000.00, including WSST) by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the Vendor for any defective or unauthorized goods, materials or services. If the Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and the Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. IV. PREVAILING WAGES. The Vendor 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 Vendor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Vendor, 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. V. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. GOODS & SERVICES MAINTENANCE AGREEMENT - 2 (Over$20,000.00, including WSST) VI. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. VII. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, the Vendor 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 Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the 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 Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Vendor 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 Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. 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 Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. GOODS & SERVICES MAINTENANCE AGREEMENT - 3 (Over$20,000.00, including WSST) IX. CLAIMS. If the Vendor 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 Vendor may file a claim as provided in this section. The Vendor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Vendor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions GOODS & SERVICES MAINTENANCE AGREEMENT - 4 (Over$20,000.00, including WSST) established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Non-Discrimination Policy Declaration and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. GOODS & SERVICES MAINTENANCE AGREEMENT - 5 (Over$20,000.00, including WSST) 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. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. GOODS & SERVICES MAINTENANCE AGREEMENT - 6 (Over$20,000.00, including WSST) K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: CITY OF KENT: V Print Name: Tyler Kyriopoulos Print Name: Dana Ralph Its President Its Mayor DATE: Mar 23,2024 DATE: 05/02/2024 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Tyler Kyriopoulos Joe Erickson Great Western Installations, Inc. City of Kent 975 S. Hwy 89 220 Fourth Avenue South Logan, UT 84321 Kent, WA 98032 (435) 760-5103 (telephone) (253) 334-8053 (telephone) Tyler@gwpark.com (email) ]Erickson@kentwa.gov email APPROVED AS TO FORM: !�nnL 06j� Kent Law Department ATTEST: k�;U 4 Kent City Clerk GOODS & SERVICES MAINTENANCE AGREEMENT - 7 (Over$20,000.00, including WSST) 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 of 5 A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter "Contractor") will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to Federally- assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington's Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor's contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding payments to the contractor under the contract until the contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such EEO COMPLIANCE DOCUMENTS - 2 of 5 direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. 6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; V. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); X. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure EEO COMPLIANCE DOCUMENTS - 3 of 5 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. By: rP,kv„ �� For: Great West Recreation Title: President Date: Mar 23, 2024 EEO COMPLIANCE DOCUMENTS - 4 of 5 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022 SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998 APPROVED BY Dana Ralph, Mayor POLICY: Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City's Non-Discrimination Policy Declaration, prior to commencing performance. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City's Title VI coordinator, and perform the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS - 5 of 5 Proposal for City of Kent Exhibit A Prepared by GREAT WESTERN R E C R E A T I O N 02-28-2024 Job # 111368-01 Multiple Parks - Kent 2024 EWF low LAI 253-988-7102 www.gwpark.com Great Western Installations, Inc 02/28/2024 975 S.State Hwy 89 Quote# Logan, UT 84321 111368-01-01 Cell:253-988-7102 ON ,� Office:435-245-5055 G R€A T W E S T E R:V Fax:435-245-5057 A L L A r 1 0 lindsey@gwpark.com Inds.igx�nkaoe www•gwpark.com Multiple Parks - Kent 2024 EWF City of Kent Ship to Zip 98032 Attn:Joe Erickson 220 4th Ave S Kent,WA 98032 Phone:253-856-5122 JErickson@kentwa.gov Quantity Part# Description Unit Price Amount 520 INSTALL Aardvark Bark-520 CY(Total)Blown-in EWF- $61.50 $31,980.00 Canterbury 24409 100th Avenue SE Kent,WA 98030 40 yds Kiwanis#2 N 2nd Avenue and W Cloudy Street Kent,WA 98032 40 yds Kiwanis#3 Alexander Street between E Chicago and E Seattle Kent,WA 98030 20 yds RUSSELL ROAD 24400 Russell Road Kent,WA 98032 30 yds SCENIC HILL 25826 Woodland Way S Kent,WA 98030 20 yds Seven Oaks SE 259th Street and 118th Place SE Kent,WA 98030 40 yds Kent Memorial Park 850 Central Ave N Kent,WA 98032 60 yds WILSON 13028 SE 251st Street Kent,WA 98030 20 yds Glenn Nelson 3216 S.268th St Kent,WA 98032 40 yds West Fenwick 3808 S. Reith Rd Kent,WA 98032 30 yds Van Dorens 21901 Russell Rd Kent,WA 98032 60yds Commons/Showare James St.and 5th Ave N Kent,WA 98032 90yds Chestnut 9901 S 203rd St Kent WA 98031 30yds Total yards 520 Prevailing Wages Sub Total $31,980.00 Tax $3,229.98 Total 0• .98 Page 1 of 3 Great Western Installations, Inc 02/28/2024 975 S.State Hwy 89 Quote# Logan, UT 84321 111368-01-01 Cell:253-988-7102 �• Office:435-245-5055 GREAT WESTERN Fax:435-245-5057 i h s T A L L A r 1 o lindsey@gwpark.com Urndsey En%4n Indfl�gr�nkaoe www•gwpark.com Multiple Parks - Kent 2024 EWF Comments Your Sales Rep is Lindsey Erwin.Please reach out to Lindsey at 253-988-7102 if you should have any questions regarding this quote. Pricing is subject to change.Request updated pricing when purchasing from quotes more than 30 days old. Shipping to site: Canterbury 24409 100th Avenue SE Kent,WA 98030 Kiwanis#2 N 2nd Avenue and W Cloudy Street Kent,WA 98032 Kiwanis#3 Alexander Street between E Chicago and E Seattle Kent,WA 98030 RUSSELL ROAD 24400 Russell Road Kent,WA 98032 SCENIC HILL 25826 Woodland Way S Kent,WA 98030 Seven Oaks SE 259th Street and 118th Place SE Kent,WA 98030 Kent Memorial Park 850 Central Ave N Kent,WA 98032 WILSON 13028 SE 251st Street Kent,WA 98030 Glenn Nelson 3216 S.268th St Kent,WA 98032 West Fenwick 3808 S. Reith Rd Kent,WA 98032 Van Dorens 21901 Russell Rd Kent,WA 98032 Commons/Showare James St.and 5th Ave N Kent,WA 98032 Chestnut 9901 S 203rd St Kent,WA 98031 Page 2 of 3 Great Western Installations, Inc 02/28/2024 975 S.State Hwy 89 Quote# A4 Logan, UT 84321 111368-01-01 Cell:253-988-7102 Office:435-245-5055 GREAT WESTERN Fax:435-245-5057 i% I lindsey@gwpark.com LMsey E—ir, Indfl��gr;art-nr www•gwpark.com Multiple Parks - Kent 2024 EWF Customer to confirm shipping and site addresses at time of order 'Deposit may be required. Customer is responsible for offloading. Prevailing Wages TERMS&CONDITIONS: Remittance Address: 975 S. Hwy 89 Logan, UT 84321 • PRICING: Pricing is subject to change. Request updated pricing when purchasing from quotes more than 30 days old. • PAYMENT TERMS: Net 30 days subject to approval by Credit Manager.A signed P.O.made out to Great Western Recreation or this signed quotation is required for all orders unless otherwise noted. Equipment shall be invoiced separately from other services and shall be payable in advance of those services and project completion.Checks should be made payable to Great Western unless otherwise directed. • FINANCE CHARGE:A 1.5%monthly finance charge(or as permitted by law)will be added to invoices over 30 days past due. • TAXES:Taxes will be be shown as a separate line item when included.Any applicable taxes not shown will be added to final invoice.A copy of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice. • MINIMUM ORDER:Our minimum order is$50(USD)Any order less than$5000 requires cash with order or payment by major credit card. • SHIPMENT: Multiple shipments may be required based on point of origin.Above costs assume one shipment for each vendor quoted. • DELIVERY: It is the responsibility of the owner to offload and inventory equipment, unless other arrangements have been made. Missing or damaged equipment must be reported within 60 days of acceptance of delivery. INSTALLATION CONDITIONS: • ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery. • STORAGE:Customer is responsible for providing a secure location to off-load and store the equipment during the installation process. Once equipment has delivered to the site,the owner is responsible should theft or vandalism occur unless other arrangements are made and noted on the quotation. • FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only.Customer shall be responsible for unknown conditions such as buried utilities(public&private),tree stumps, rock,or any concealed materials or conditions that may result in additional labor or materials cost. • UTILITIES:Owner is responsible for locating any private utilities. • ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated in this quotation. If additional site work or specialized equipment is required,pricing is subject to change. ACCEPTANCE OF QUOTATION: Acceptance of this proposal indicates your agreement to the terms and conditions stated herein. Purchase Amount:$35,209.98 Date: Signature Please fill out this ORDER FORM, this is required to process the order. Page 3 of 3 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. ACO® DATE(MM/DDIYYYY) AC� CERTIFICATE OF LIABILITY INSURANCE 3/7/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Amber Garner PHONFAX Quality 1st Insurance Agency, Inc. an Alera Group Cc (A/C,No, Ext: (435)752-0101 A/C,NO: (435)752-2465 2129 North Main St, Suite A E-MAIL amber@glins.com ADDRESS: North Logan, UT 84341 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Scottsdale Insurance Company 41297 INSURED INSURERB:Owners Insurance Company 32700 Great Western Installations, Inc. INSURER C:Travelers Property and Casualty Co of F 25674 975 S Highway 89 INSURERD:James River Insurance Co an 12203 Logan, UT 84321-5441 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:CL2312648516 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A CLAIMS-MADE �X OCCUR PREMISES DAMAGE O RENTED a occurrence) $ 100,000 X Deductible: $500 X Y CPS7765182 4/9/2023 4/9/2024 MED EXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � JJE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X 4663077201 10/10/2023 10/10/2024 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE CXS0024800 4/9/2023 4/9/2024 AGGREGATE $ 5,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A C (Mandatory in NH) UB-8P920588-23-42-G 5/5/2023 5/5/2024 E.L.DISEASE-EA EMPLOYEE 1 $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ 1,000,000 D Professional Liability 00087628-5 12/6/2023 12/6/2024 Each Occurrence $1,000,000 General Aggregate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Kent, its officers, officials, agents and employees are additional insured(s) with respect to General Liability and Auto Liability when required by written contract. Coverage is primary and non-contributory. A waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Kent THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 220 Fourth Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Kent, WA 98032 AUTHORIZED REPRESENTATIVE Matt Robbins/AMBERI ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) POLICY NUMBER: CPS7765182 COMMERCIAL GENERAL LIABILITY CG24531219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) - AUTOMATIC This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 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 against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 24 53 12 19 © Insurance Services Office, Inc., 2018 Page 'I of 1 POLICY NUMBER: CPS7765182 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 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 LIQUOR 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 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CPS7765182 COMMERCIAL GENERAL LIABILITY CG 20 33 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC ST TUS WHEN REQUIRED IN A WRITTEN CONS RUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, behalf; change orders or drawings and specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against any insured allege negligence or other 1. Only applies to the extent permitted by law; wrongdoing in the supervision, hiring, and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the "occurrence" which caused required by the contract or agreement to the "bodily injury" or "property damage", or the provide for such additional insured. offense which caused the "personal and advertising injury", involved the rendering of or A person's or organization's status as an the failure to render any professional additional insured under this endorsement ends architectural, engineering or surveying when your operations for that additional insured services. are completed. CG 20 33 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 2. 'Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III— Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable limits of b. That portion of "your work" out of which the insurance; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable limits of insurance. operations for a principal as a part of the same project. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 33 12 19 POLICY NUMBER: CPS7765182 COMMERCIAL GENERAL LIABILITY CG20391219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 2. Supervisory, inspection, architectural or include as an additional insured any person or engineering activities. organization for whom you have performed This exclusion applies even if the claims against operations when you and such person or any insured allege negligence or other wrongdoing organization have agreed in writing in a contract or in the supervision, hiring, employment, training or agreement that such person or organization be monitoring of others by that insured, if the added as an additional insured on your policy. Such "occurrence" which caused the "bodily injury" or person or organization is an additional insured only "property damage" involved the rendering of or the with respect to liability for"bodily injury"or"property failure to render any professional architectural, damage"caused, in whole or in part, by"your work" engineering or surveying services. performed for that additional insured and included in the "products-completed operations hazard". C. With respect to the insurance afforded to these However, the insurance afforded to such additional additional insureds, the following is added toSection III— Limits Of Insurance: insured: 1. Only applies to the extent permitted by law; and The most we will pay on behalf of the additional insured is the amount of insurance: 2. Will not be broader than that which you are 1. Required by the contractor agreement you have required by the contract or agreement to provide entered into with the additional insured; or for such additional insured. B. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following additional insurance; exclusion applies: whichever is less. This insurance does not apply to: This endorsement shall not increase the applicable "Bodily injury" or "property damage" arising out of limits of insurance. the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or CG 20 39 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Agency Code 43-0107-00 Policy Number 46-630-772-01 58504 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE - BLANKET COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION II - COVERED AUTOS LIABILITY COVER- person or organization qualifies as an insured under AGE is amended. The following provision is added. SECTION II - COVERED AUTOS LIABILITY COVER- Any person or organization is an insured for Covered AGE, A. COVERAGE, 1. Who Is An Insured. Autos Liability Coverage, but only to the extent that All other policy terms and conditions apply. 58504 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 58583 (1-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER PAYMENTS (WAIVER OF SUBROGATION) - BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL AUTO POLICY SECTION V CONDITIONS, A. LOSS CONDITIONS is However, we waive our right to recover payments made amended. 5. Our Right to Recover Payments is de- for bodily injury or property damage: leted and replaced by the following condition. a. Covered by the policy, and 5. Our Right to Recover Payments b. Arising out of the operation of autos covered by the If we make a payment under this policy and the per- policy, in accordance with the terms and conditions son to or for whom payment is made has a right to of a written contract between you and such person recover damages from another, we will be entitled to or entity that right. That person shall do everything neces- only if such rights have been waived by the written con- sary to transfer that right to us and do nothing to tract prior to the accident or loss which caused the prejudice it. bodily injury or property damage. All other policy terms and conditions apply. 58583 (1-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 N 0 co a Q ` N .N.. Z O M O V N J N m U C 0 K M O n 6 Q m 6 U m U o m J O O O O m 00 7 v a O E ° z = D c _ W N m m N 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: 3/6/2024 County. Trade Job Classification Wage Holiday Overtime Note *Risk Class King Laborers Air, Gas Or Electric Vibrating $59.07 15J lip 8Y View Screed King Laborers Airtrac Drill Operator $60.90 15J lip 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 Et Moving $59.07 15J lip 8Y View (Incl. Charred Material) King Laborers Ditch Digger $59.07 15J lip 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 15J 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 15J 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 15J 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 15J 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 15J 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 15J 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 lip 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 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: 4 - Signature: ?O;1aU ZAfhGe� 7Y Garin Lee(Mar 22,2024 06:58 PDT) Ronald Lashley Jr.(Mar 22,202 14:02 PDT) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: 8,"64ut,LiffAh4NV Brian levenahgen(Mar 22,20 15:06 PDT) Email: bjlevenhagen@kentwa.gov