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CAG2024-447 - Original - Skycorp, Ltd - Demolition at 115 Naden - 9/19/24
FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Rhonda Bylin ECD Date Sent: Date Required: 0 09/17/2024 9/19/2024 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website n/a Budget Account Number: Grant? Yes[Z] NoF-] M20042.64110 Budget? Yes E]No Type: N/A Vendor Name: Category: SkyCorp, LTD Contract Vendor Number: Sub-Category: 376460 Original 0 W Project Name: Demolition of Single Family Home located at 115 Naden Ave S CProject Details: City has agreed to purchase the property and will undertake demolition of structures and clearing of lot to abate public safety concerns resulting from poor condition of the property. C Basis for Selection of Contractor: � Agreement Amount: $46 835 + Bid GJ r *Memo to Mayor must be attached .1111 Start Date: 0 23/2024 Termination Date: upon completion lm a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-Process F1 Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: Yes❑No CAG2024-407 Comments: IM C C N Date Received:City Attorney: 9/17/24 Date Routed:Mayor's Office 9/18/24 City Clerk's Office adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 KENT WASHINGTON PUBLIC WORKS AGREEMENT between City of Kent and SKYCORP, LTD. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and SkyCorp, Ltd. organized under the laws of the State of Washington, located and doing business at 526 N West Ave, Suite 11, Arlington, WA 98223 (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: Concerning the single family house located at 115 Naden Avenue S, in Kent Washington: the contractor will furnish all materials and perform all labor necessary to complete the mobilization, demolition and removal of the single family house, load and transport presumed friable asbestos materials to a certified landfill, remove any concrete foundations and slabs, and cut and cap any side sewer, as detailed in the proposal completed Sept. 5, 2024, attached and incorporated into this agreement as Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within three (3) calendar days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed within five (5) days. 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 forty six thousand eight hundred and thirty five dollars ($46,835.00) +friable disposal at $300/per ton, 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 (Over$20K and No Performance Bond) A. No Payment and Performance Bond. Because this contract, including applicable sales tax, is less than $150,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a payment and performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. 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 (Over$20K 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 PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City authorizes Contractor to enter the property located at 115 Naden Avenue South to complete the work described in Section I of this Agreement, and agrees to defend, indemnify, and hold the Contractor harmless from any claims, injuries, damages, losses, or suits from the property owner or the owner's heirs or beneficiaries and related to Contractor's entry onto the property to complete that work. 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 PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, the Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior PUBLIC WORKS AGREEMENT - 7 (Over$20K and No Performance Bond) to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONT CTOR: CITY OF KENT: r By: 19 Print Name: Skyler Waldal Print Name: Dana Ralph Its President Its Mayor qztq DATE: 9/17/24 DATE: q NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Skyler Waldal, President Matt Gilbert, Deputy Director SKYCORP, LTD Economic & Community Development 526 N. West Ave, Suite 11 City of Kent Arlington, WA 98223 220 Fourth Avenue South Kent, WA 98032 (360) 926-8989 (telephone) skycorpltd@yahoo.com (email) (253) 856-5435 (telephone) MGilbert@kentwa.gov (email) APPROVED AS TO FORM: Jp, -Kent Law Deartment ATTEST: L� I&.(, Kent City Clerk [In this field,you may enter the electronic filepath where the contract has been saved] PUBLIC WORKS AGREEMENT - 8 (Over$20K 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: PUBLIC WORKS AGREEMENT - 9 (Over$20K and No Performance Bond) 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 PUBLIC WORKS AGREEMENT - 10 (Over$20K and No Performance Bond) sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such 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; PUBLIC WORKS AGREEMENT - 11 (Over$20K and No Performance Bond) xi. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. 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 sign g below, I agree to fulf I the five requirements referenced above. By: For: Title: Date: PUBLIC WORKS AGREEMENT - 12 (Over$20K and No Performance Bond) 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. PUBLIC WORKS AGREEMENT - 13 (Over$20K and No Performance Bond) BIDDER RESPONSIBILITY CRITERIA Certification of Compliance with Wage Payment Statutes This certification is required by state law (RCW 39.04.350(2)) to be submitted to the City before the contract can be awarded. The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date (Insert Date), 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. Insert Bidder's Business Name By: Signature of Authorized Official* Printed Name: Title: Date: City and State: *If a corporation, proposal must be executed in the corporate name by the president or vice- president (or any other corporate officer accompanied by evidence of authority to sign). If a co- partnership, proposal must be executed by a partner. PUBLIC WORKS AGREEMENT - 14 (Over$20K and No Performance Bond) Exhibit A - Scope of Work :V(7n TZ:�2PLTC)' Demolition •Environmental -General Contractors PROPOSAL/CONTRACT#3 September 16`h 2024 To: City of Kent,Matt Gilbert 220 Fourth Avenue South,Kent,WA 98032 Phone: 253-230-6168 Email: mgilbert@kentwa.gov Re: 115 Naden Ave S Kent,WA 98032 SkyCorp,Ltd.proposes to furnish all materials and perform all labor necessary to complete the following: Scope of work: Mobilization, demolition and removal of existing: • Single family house demolition(Emergency Fire Project) • Demo,load and transport presumed friable asbestos materials to a certified landfill • Concrete foundations and slabs • Side sewer will be cut and capped • Rear water line will be cut and capped • UST removal Total Price: (Excluding Tax): $42,400.00 +Friable disposal$300.00 per ton Clarifications: 1. Proposal is based on one mobilization. 2. City will provided the permit for the UST removal if required. 3. Proposal valid for 10 days. 4. City of Kent will provide a Demolition permit if required. 5. City of Kent must provide a water source for Skycorp,Ltd. 6. SkyCorp,Ltd.will file Puget Sound Clean Air Permit for demolition. 7. Any and all salvage material belongs to SkyCorp, Ltd. 8. Cars,trucks or any other titled vehicles will be handled and removed by the City of Kent/Police Dept 9. Sticker bushes will be removed as long as no contamination. 10. One tree will be removed not to exceed 14inch in diameter. Exclusions: 1. Engineering, soils testing, lay out and surveying 2. Traffic Control 3. No parking signs 4. Sidewalk Closures 5. Street use 6. Erosion Control 7. Compaction test 8. Fencing or security 9. All fees and special inspections 10. Underground utilities 11. Private locates. 12. Export of contaminated or unsuitable soils or import to replace exported quantity 13. Import or export of any fill material 14. Dewatering 15. All permits 16. Sales Tax 17. Landscaping 18. Hydro seeding and mulch 19. Hazardous materials 20. Removal of septic tanks 21. Removal and emptying of any Aboveground Storage Tanks 22. Asbestos Survey or removal 23. All other work not included in this proposal Thank you for considering our proposal. Skyler Waldal SKYCORP,LTD. 425-367-7887 cell 360-926-8989 office 360-926-8987 fax Accepted thi d of �G � ,20 by: -M 4".kx� -C ' lL Signature Print Name Exhibit B Insurance Requirements Insurance 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. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable if all the Primary and Umbrella or Excess Policies shall provide all the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. Automobile Liability insurance providing bodily injury and property damage liability coverage for all automobiles/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. Professional Liability or Errors & Omissions insurance appropriate to the Contractor's profession. Contractor's Pollution Liability insurance applicable to the work being performed and from the operations of the Contractor doing work on behalf of the City. 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 $2,000,000 per occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed operations aggregate limit. Primary Non-Contributory Additional Insured coverage for the City of Kent, et. al. Stop Gap Liability - $1,000,000/$1,000,000/$1,000,000 Waiver of Subrogation Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Professional Liability or Errors & Omissions insurance shall be written with limits no less than $1,000,000 per occurrence, $1,000,000 general aggregate. Contractor's Pollution Liability insurance shall be written with a limit no less than $1,000,000 per claim or occurrence, and $1,000,000 aggregate per policy period of one (1) year. Coverage may be written on a claims-made basis. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. 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. Contractor's insurer must deliver, or mail written notice of cancellation to the named insured at least forty-five (45) days before the effective date of the cancellation. The Contractor's insurance policy shall include an endorsement that provides the City with written notice of cancellation forty-five (45) days before the effective date of the cancellation. If Contractor's insurer fails to provide the City with a copy of the notice of cancellation endorsement, the Contractor must notify the City of any cancellation, nonrenewal or termination within two (2) business days of their receipt of such notice. 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 ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 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 endorsement 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. l ® DATE(MMIDD/YYYY) A�R o CERTIFICATE OF LIABILITY INSURANCE y 1 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER GUNIACA NAME: Moises ValadeZ Sound Choice Insurance Agency,Inc. (AIC No,Ext): (425)333-8033 (A c,No): (425)979-5852 19009 33rd Avenue West,#310 ADDRESS: moises@soundchoiceins.org INSURER(S)AFFORDING COVERAGE NAIC# Lynnwood WA 98036 INSURER A: Crum&Forster Specialty Insurance Company 44520 INSURED INSURER B: National Indemnity Company 20087 SKYCORP,LTD INSURER C: The Ohio Casualty Insurance Company 24074 526 N WEST AVE,Unit#11 INSURER D: INSURER E: \RLINGTON wA QIQ23-1251 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) S 50,000 MED EXP(Any one person) S 5,000 A Y Y EPK-146168 12/13/2023 12/13/2024 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 RPOLICY 1 PRO-ECT LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: Pollution liability $ 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ 1,000,000 I)CANY AUTO BODILY INJURY(Per person) S OWNED �/ SCHEDULED Y Y 70APS 112262 5/28/2024 5/28/2025 BODILY INJURY(Per accident) S AUTOS ONLY /� AUTOS HIRED v NON-OWNED S AUTOS ONLY AUTOS ONLY (Per accident) Coll 500 X Comp$500 $ UMBRELLA LIAB x OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE Y Y EFX-124279 12/13/2023 12 13'2024 AGGREGATE S 3,000,000 DED I X RETENTIONS 0 S ORKERS COMPENSATION STATUTE /� ER AND EMPLOYERS'LIABILITY NY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT S 1,000,000 AOFFICER/MEMBER EXCLUDED? NIA EPK-146168(WA Stop Gap) 12/13/2023 12/13/2024 Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Limit 1,000,000 (A)Errors&Omissions Liability Y EPK-146168 12/13/2023 12/13/2024 Equipment Limit 1,157,691 (C)Inland Marine BM063538246 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: 115 Naden Avenue S,Kent WA City of Kent are included as Primary and Non-Contributory additional insured per written contract.Waiver of subrogation applies.Includes ongoing and completed operations. 10 Days written notice of cancellation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Kent ACCORDANCE WITH THE POLICY PROVISIONS. 220 4th Avenue South AUTHORIZED REPRESENTATIVE M�i vata�te.� Kent WA 98032 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART ONSITE CLEANUP COVERAGE PART SCHEDULE Name of Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION VI — COMMON CONDITIONS, item 17. Transfer Of Rights of Recovery Against Others To Us within the Common Provisions is amended by the addition of the following: Solely as respects the person(s) or organization(s) indicated in the Schedule shown above, we waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for"damages" arising out of your ongoing operations or "your work" performed under a written contract with that person(s) or organization(s) and included in the "products- completed operations hazard". However, this waiver shall not apply to "damages" resulting from the sole negligence of the person(s) or organization(s) indicated in the Schedule shown above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0109-0211 Page 1 of 1 CRUM&FORSTER A COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)or Organization(s) Blanket when specifically required in a written contract with the named insured. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by "your work" for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non-contributory, but only in the event of a named insured's sole negligence. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0119-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Under the Common Provisions, Section IV — LIMITS OF INSURANCE AND DEDUCTIBLE, item 2. is amended by the addition of the following: The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0301-0914 Page 1 of 1 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 SCHEDULE Name of Additional Person(s)or Organization(s): Location And Description Of Completed Operations Blanket when specifically required in a written contract with the Blanket when specifically required in a written named insured. contract with the named insured. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section III — Who Is An Insured within the Common Provisions is amended to include as an insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". EN0320-0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSPORTATION POLLUTION LIABILITY BLANKET ENDORSEMENT This endorsement modifies insurance provided under the following: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Transportation Pollution -Each Pollution Condition Limit: $1,000,000 Transportation Pollution Aggregate Limit: $2,000,000 Transportation Pollution Deductible Amount: $S,000 (If no entry appears above, the Limits of Insurance shown in the Declarations will apply.) A. As respects the coverage afforded by this Endorsement, the maximum amounts for which we are liable for "claims" relating to transportation pollution is indicated in the Schedule shown above. The Transportation Pollution - Each Pollution Condition Limit and the Transportation Pollution Aggregate Limit stated in the Schedule above are subject to and not in addition to the Contractors Pollution Liability Each Pollution condition Limit and the General Aggregate Limit stated in the Declarations. Payments under the Transportation Pollution - Each Pollution Condition Limit and Transportation Pollution Aggregate Limit indicated in the Schedule shown above are part of and erode the Contractors Pollution Liability Each Pollution Condition Limit and the General Aggregate Limit stated in the Declarations. If no limit is indicated in the Schedule shown above, then the limits of the liability stated in the Declarations applicable to this Coverage Part will apply. B. Solely as respects the coverage afforded by this Endorsement, the Transportation Pollution Deductible Amount indicated in the Schedule shown above applies once to each "pollution condition" and can be applied either for "defense expenses", where applicable, settlement, payment of judgment(s) or any combination thereof. C. Solely as respects the coverage afforded by this Endorsement, under the Common Provisions, SECTION V - COMMON EXCLUSIONS, item 1. Aircraft, Auto, Rolling Stock Or Watercraft is deleted in its entirety and replaced by the following: 1. Aircraft, Auto, Rolling Stock Or Watercraft Based upon or arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto", rolling stock, rail car, locomotive or watercraft owned or operated by or rented or loaned to, or in the control of, any insured. Use includes operation and "loading or unloading". Notwithstanding the above, coverage is provided only for "autos" which have statutory auto liability coverage in place with a carrier rated "A- (VII) or higher by A.M. Best. This exclusion applies even if: a. The "claim" against any insured alleges negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of another by that insured, or if the "occurrence" which caused the "bodily injury" or"property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured; or EN0405-0515 Page 1 of 2 b. The "occurrence" or"pollution condition"takes place after"loading or unloading" is completed, regardless of whether the aircraft, "auto", rolling stock, rail car, locomotive or watercraft is or was owned or operated by or rented or loaned to, or in the control of any insured; or c. The "occurrence" or"pollution condition" is included in the "products-completed operations hazard". This exclusion does not apply to: a. A watercraft while ashore on premises you own or rent; b. A watercraft you do not own that is: (1) Less than twenty-six (26)feet long; and (2) Not being used to carry persons or property for a charge; c. Parking an "auto" on, or on the roadway near premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; d. Liability assumed under any "insured contract"for the ownership, maintenance or use of aircraft or watercraft; or e. "Bodily injury" or"property damage" arising out of: (1) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment' if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged; or (2) The operation of any of the machinery or equipment listed In Paragraph f.(2) or f.(3) of the definition of"mobile equipment". f. "Claims" arising from "pollution conditions" caused by, arising out of or in any way related to the operation, maintenance, use or"loading or unloading" of"autos" by or on behalf of the Named Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0405-0515 Page 2 of 2 9/18/24, 1:41 PM about:blank 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: 9/18/2024 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Power Equipment Operators Asphalt Plant Operators $87.49 15J 11G 8X View King Power Equipment Operators Assistant Engineer $82.29 15J 11G 8X View King Power Equipment Operators Barrier Machine (zipper) $86.71 15J 11G 8X View King Power Equipment Operators Batch Plant Operator: concrete $86.71 15J 11G 8X View King Power Equipment Operators Boat Operator $87.82 7A 11 H 8X View King Power Equipment Operators Bobcat $82.29 15J 11G 8X View King Power Equipment Operators Brokk - Remote Demolition $82.29 15J 11G 8X View Equipment King Power Equipment Operators Brooms $82.29 15J 11G 8X View King Power Equipment Operators Bump Cutter $86.71 15J 11G 8X View King Power Equipment Operators Cableways $87.49 15J 11G 8X View King Power Equipment Operators Chipper $86.71 15J 11G 8X View King Power Equipment Operators Compressor $82.29 15J 11G 8X View King Power Equipment Operators Concrete Finish Machine - Laser $82.29 15J 11G 8X View Screed King Power Equipment Operators Concrete Pump - Mounted Or $86.05 15J 11G 8X View Trailer High Pressure Line Pump, Pump High Pressure King Power Equipment Operators Concrete Pump: Truck Mount $87.49 15J 11G 8X View With Boom Attachment Over 42 M King Power Equipment Operators Concrete Pump: Truck Mount $86.71 15J 11G 8X View With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $86.05 15J 11G 8X View King Power Equipment Operators Cranes Friction: 200 tons and $90.46 7A 11 H 8X View over King Power Equipment Operators Cranes, A-frame: 10 tons and $82.59 7A 11 H 8X View under King Power Equipment Operators Cranes: 100 tons through 199 $88.67 7A 11 H 8X View tons, or 150' of boom (including jib with attachments) about:blank 1/4 9/18/24, 1:41 PM about:blank King Power Equipment Operators Cranes: 20 tons through 44 tons $87.03 7A 11 H 8X View with attachments King Power Equipment Operators Cranes: 200 tons- 299 tons, or $89.60 7A 11 H 8X View 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or $90.46 7A 11 H 8X View 300' of boom including jib with attachments King Power Equipment Operators Cranes: 45 tons through 99 $87.82 7A 11 H 8X View tons, under 150' of boom(including jib with attachments) King Power Equipment Operators Cranes: Friction cranes through $89.60 7A 11 H 8X View 199 tons King Power Equipment Operators Cranes: through 19 tons with $86.36 7A 11 H 8X View attachments, a-frame over 10 tons King Power Equipment Operators Crusher $86.71 15J 11G 8X View King Power Equipment Operators Deck Engineer/Deck Winches $86.71 15J 11G 8X View (power) King Power Equipment Operators Derricks, On Building Work $87.49 15J 11G 8X View King Power Equipment Operators Dozers D-9 Et Under $86.05 15J 11G 8X View King Power Equipment Operators Drill Oilers: Auger Type, Truck $86.05 15J 11G 8X View Or Crane Mount King Power Equipment Operators Drilling Machine $88.36 15J 11G 8X View King Power Equipment Operators Elevator and man-lift: $82.29 15J 11G 8X View permanent and shaft type King Power Equipment Operators Finishing Machine, Bidwell And $86.71 15J 11G 8X View Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 lbs and over with $86.05 15J 11G 8X View attachments King Power Equipment Operators Forklifts: under 3000 lbs. with $82.29 15J 11G 8X View attachments King Power Equipment Operators Grade Engineer: Using Blue $86.71 15J 11G 8X View Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/Stakeman $82.29 15J 11G 8X View King Power Equipment Operators Guardrail Punch $86.71 15J 11G 8X View King Power Equipment Operators Hard Tail End Dump Articulating $87.49 15J 11G 8X View Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump Articulating $86.71 15J 11G 8X View Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/Directional Drill $86.05 15J 11G 8X View Locator King Power Equipment Operators Horizontal/Directional Drill $86.71 15J 11G 8X View Operator King Power Equipment Operators Hydralifts/Boom Trucks Over 10 $86.36 7A 11 H 8X View Tons King Power Equipment Operators Hydralifts/boom trucks: 10 tons $82.59 7A 11 H 8X View and under King Power Equipment Operators Leverman $89.27 15J 11G 8X View about:blank 2/4 9/18/24, 1:41 PM about:blank King Power Equipment Operators Loader, Overhead, 6 Yards. But $87.49 15J 11G 8X View Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $86.71 15J 11G 8X View Yards King Power Equipment Operators Loaders, Plant Feed $86.71 15J 11G 8X View King Power Equipment Operators Loaders: Elevating Type Belt $86.05 15J 11G 8X View King Power Equipment Operators Locomotives, All $86.71 15J 11G 8X View King Power Equipment Operators Material Transfer Device $86.71 15J 11G 8X View King Power Equipment Operators Mechanics: All (Leadmen - $0.50 $88.36 15J 11G 8X View per hour over mechanic) King Power Equipment Operators Motor Patrol Graders $87.49 15J 11G 8X View King Power Equipment Operators Mucking Machine, Mole, Tunnel $87.49 15J 11G 8X View Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $82.29 15J 11G 8X View Distribution Et Mulch Seeding Operator King Power Equipment Operators Outside Hoists (Elevators and $86.05 15J 11G 8X View Manlifts), Air Tuggers, Strato King Power Equipment Operators Overhead, bridge type Crane: $87.03 7A 11 H 8X View 20 tons through 44 tons King Power Equipment Operators Overhead, bridge type: 100 tons $88.67 7A 11 H 8X View and over King Power Equipment Operators Overhead, bridge type: 45 tons $87.82 7A 11 H 8X View through 99 tons King Power Equipment Operators Pavement Breaker $82.29 15J 11G 8X View King Power Equipment Operators Pile Driver (other Than Crane $86.71 15J 11G 8X View Mount) King Power Equipment Operators Plant Oiler -Asphalt, Crusher $86.05 15J 11G 8X View King Power Equipment Operators Posthole Digger, Mechanical $82.29 15J 11G 8X View King Power Equipment Operators Power Plant $82.29 15J 11G 8X View King Power Equipment Operators Pumps - Water $82.29 15J 11G 8X View King Power Equipment Operators Quad 9, Hd 41, D10 And Over $87.49 15J 11G 8X View King Power Equipment Operators Quick Tower: no cab, under 100 $86.71 15J 11G 8X View feet in height base to boom King Power Equipment Operators Remote Control Operator On $87.49 15J 11G 8X View Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger and Bellman $82.59 7A 11 H 8X View King Power Equipment Operators Rigger/Signal Person, $86.36 7A 11 H 8X View Bellman(Certified) King Power Equipment Operators Rollagon $87.49 15J 11G 8X View King Power Equipment Operators Roller, Other Than Plant Mix $82.29 15J 11G 8X View King Power Equipment Operators Roller, Plant Mix Or Multi-lift $86.05 15J 11G 8X View Materials King Power Equipment Operators Roto-mill, Roto-grinder $86.71 15J 11G 8X View King Power Equipment Operators Saws - Concrete $86.05 15J 11G 8X View King Power Equipment Operators Scraper, Self Propelled Under 45 $86.71 15J 11G 8X View Yards King Power Equipment Operators Scrapers - Concrete Et Carry All $86.05 15J 11G 8X View about:blank 3/4 9/18/24, 1:41 PM about:blank King Power Equipment Operators Scrapers, Self-propelled: 45 $87.49 15J 11G 8X View Yards And Over King Power Equipment Operators Service Engineers: Equipment $86.05 15J 11G 8X View King Power Equipment Operators Shotcrete/Gunite Equipment $82.29 15J 11G 8X View King Power Equipment Operators Shovel, Excavator, Backhoe, $86.05 15J 11G 8X View Tractors Under 15 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoe: $87.49 15J 11G 8X View Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $86.71 15J 11G 8X View Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $88.36 15J 11G 8X View Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $89.27 15J 11G 8X View Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $87.49 15J 11G 8X View King Power Equipment Operators Spreader, Topsider Et Screedman $87.49 15J 11G 8X View King Power Equipment Operators Subgrader Trimmer $86.71 15J 11G 8X View King Power Equipment Operators Tower Bucket Elevators $86.05 15J 11G 8X View King Power Equipment Operators Tower Crane: over 175' through $89.60 7A 11 H 8X View 250' in height, base to boom King Power Equipment Operators Tower crane: up to 175' in $88.67 7A 11 H 8X View height base to boom King Power Equipment Operators Tower Cranes: over 250' in $90.46 7A 11 H 8X View height from base to boom King Power Equipment Operators Transporters, All Track Or Truck $87.49 15J 11G 8X View Type King Power Equipment Operators Trenching Machines $86.05 15J 11G 8X View King Power Equipment Operators Truck Crane Oiler/Driver: 100 $87.03 7A 11H 8X View tons and over King Power Equipment Operators Truck crane oiler/driver: under $86.36 7A 11 H 8X View 100 tons King Power Equipment Operators Truck Mount Portable Conveyor $86.71 15J 11G 8X View King Power Equipment Operators Vac Truck (Vactor Guzzler, $86.71 15J 11G 8X View Hydro Excavator) King Power Equipment Operators Welder $87.49 15J 11G 8X View King Power Equipment Operators Wheel Tractors, Farmall Type $82.29 15J 11G 8X View King Power Equipment Operators Yo Yo Pay Dozer $86.71 15J 11G 8X View about:blank 4/4