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HomeMy WebLinkAboutCAG2025-081 - Original - D.H. Pace Company, Inc dba DH Pace Door Services - City Parks Restrooms - 2/18/25 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KEN T This form combines&replaces the Request for Mayor's Signature and Contract Cover B (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: > 02/04/2025 02/18/2025 0 fl. Authorized to Sign: Date of Council Approval: Q Mayor or Designeedfi NA Budget Account Numb Grant? Yes NoF P21082.64190.5xxx 858 W Budget?W]Yes No Type: N/A Vendor Name: Category: D.H. Pace Company,Inc.d.b.a.DH Pace Door Serivices Contract Vendor Number: Sub-Category: 2256824 Original Install locks and Repair doors on restrooms at Various City of Kent Park Parks. Project Name: p Y oProject Details: Vendor to install locks and repair doors on restrooms at various City of = Kent Parks. c Basis for Selection of Contractor: Agreement Amount $36,611.75 Other E *Memo to Mayor must be attached —a i Start Date: 0 2/18/2025 Termination Date: 06/30/2025 cm Q Local Business? Yes FNo*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace. Business License Verification: Yes In-Process Exempt(KCC 5.01.045) Authorized Signer Verified Notice required prior to disclosure? Contract Number: Yes ✓❑No CAG2025-081 Comments: W) W i 7 4J C C Vf � •4J Date Received:City Attorney: 2/5/25 Date Routed:Mayor's Office 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 D.H. Pace Company, Inc. d.b.a DH Pace Door Service THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and D.H. Pace Company, Inc. d.b.a DH Pace Door Service organized under the laws of the State of Washington, located and doing business at 850 SW 7th Street, Suite 400 Renton, WA 98057; Contact Name: Michael Waldron; Phone: (480) 638-3660 (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Vendor to supply material and labor for install of locks and repairs on restroom doors at Three Friends Fishing Hole Park, Hogan Park, Earthworks Park, Kent Memorial Park, Garrison Creek Park, Chestnut Ridge Park, Glenn Nelson Park, Lake Meridian Park, Kaibara Park, Arbor Heights and Town Square Plaza in the City of Kent as outlined in Exhibit A. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above within 15 working days after the City issues its Notice to Proceed. Upon the effective date of this Agreement, all physical work shall thereafter be completed by June 30, 2025. 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 THIRTY SIX THOUSAND SIX HUNDRED ELEVEN DOLLARS AND SEVENTY FIVE CENTS ($36,611.75), 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. PUBLIC WORKS AGREEMENT - 2 (Over$20K and No Performance Bond) D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. The Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. The Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by the Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, Section XVI(D), within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time PUBLIC WORKS AGREEMENT - 3 (Over$20K and No Performance Bond) specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by the Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. FORCE MAJEURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Contractor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Contractor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Contractor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Contractor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Contractor. IX. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: PUBLIC WORKS AGREEMENT - 4 (Over$20K and No Performance Bond) 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. WARRANTY. The Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when the Contractor knows or should have known of the defect, or (2) upon the Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Contractor shall execute the attached City of Kent Non-Discrimination Policy Declaration, and comply with City Administrative Policy 1.2. XIII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's PUBLIC WORKS AGREEMENT - 5 (Over$20K and No Performance Bond) performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and the Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then the Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys'fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIV. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XV. WORK PERFORMED AT CONTRACTOR'S RISK. The Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XVI. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XIII of this Agreement. PUBLIC WORKS AGREEMENT - 6 (Over$20K and No Performance Bond) D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any notices or communications required or permitted by this Agreement must be in writing and given via: (i) personal delivery; (ii) overnight courier; (iii) registered or certified mail; (iv) facsimile or email to the addresses listed on the signature page of the Agreement, unless otherwise specified. Any such notice or communication will be deemed to have been given on (i) the day it was personally delivered; (ii) one working day after sent by overnight courier; (iii) three days after the date of mailing by registered or certified mail; (iv) the day it is faxed or sent electronically, provided that the sender has received a confirmation of the fax or electronic transmission. 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. CONTRACTOR: CITY OF KENT: Michael ULgLdYo ,Cxecuflye Vice Presldenl- By; ,-,--3ia---... By — _ Print Name: Michael Waldron,Executive Vice President Print Name: Dana Ralph Its Executive Vice President Its Mayor DATE: Feb 5, 2025 DATE: 02/19/2025 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Debbie Sessions Ben Levenhagen D.H. Pace Company, Inc. City of Kent d.b.a DH Pace Door Services 220 Fourth Avenue South 850 SW 7t" Street Kent, WA 98032 Suite 400 Renton, WA 98057 (253) 856-5133 (telephone) BLevenhagen@kentwa.gov (email) (480) 638-3660 (telephone) Debbie.Sessions@dhpace.com (email) APPROVED AS TO FORM: Kent Law Department ATTEST: L� !u1 Kent City Clerk 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 signing below, I agree to fulfill the seven requirements referenced above. Michael waldrovr, Executi✓e Vice President By: Michad Waldron,Executive Vlcc President(Feb5,202509.25 MST) For: DH Pace Company, Inc. Title: Executive Vice President Date: Feb 5,2025 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 (01/07/2025), 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. D.H. Pace Company, Inc. d.b.a DH Pace Door Services Michael WaldLon, Execufi✓e Vice P1,esidelnt By: Michael Waldron,Executive Vice President(Feb 5,2025 09:25 MST) 7 Signature of Authorized Official* Printed Name: Michael Waldron, Executive Vice President Title: Executive Vice President Date: Feb 5, 2025 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) .0000MMMWA%� ® DH Pace Door Services � �--� PACE Exhibit A 850 S.W. 7th Street, Suite#400 Renton,WA 98057 Everything Doors Since 1926 P 206-624-3667 • F 844-723-3216 y 9 DHPaceWashington.com PROPOSAL CUSTOMER: City of Kent PROJECT: Arbor Heights 360 Skate Park Address: 220 4th Ave. S. Address 1: 11525 SE 240th St City: Kent State: WA Zip: 98032 Address 2: Phone: (253)856-5080 City: Kent State: WA Zip: 98031 Email: blevenhagen@kentwa.gov Submitted To: Ben Levenhagen Proposal Date: 11/19/2024 Proposal#: JS 20241119 ARBOR HEIGHTS Submitted By: Joe Shelton Commercial Sales Rep (206)276-4214 Joe.shelton@dhpace.com Addendums Acknowledged: Drawings Dated: Specifications Dated: SCOPE OF WORK Remove existing damaged door and frame. Install new door and frame. New frame will be grouted in place to prevent bending and warping when pried on. New deadbolt is a commercial grade mortised deadbolt for better durability. Install puck lock hasps on other doors in building as well. MATERIALS - 1: Hollow metal door - 1: Hollow metal frame - 3: Non removable pin hinges - 1: Mortise deadbolts - 1: Best construction cores - 1: Operating key - 1: Control key - 1: Push plate - 1: Pull plate - 1: Interlocking astragal - 1: Sweep - 3: Puck lock hasp - 1: Closer - 1: Smoke seal - 1: Kickplate - 1: Frame grout EXCLUSIONS - Customer to provide access to the opening during normal business hours. - Any patch or paint to finish opening will be provided by others. - Any key specific cores to match existing will be by others. Notes - Pricing includes prevailing wage labor. Price $7,603.00 This proposal is based on current pricing from Seller's suppliers and includes all price increases and surcharges levied by those suppliers and known by Seller as of the date of this proposal.Seller reserves the right to require an approved change order before the order can be released into production to compensate for any supplier price increases or surcharges if the contract is executed after the expiration date listed below.Seller will provide written documentation of the Supplier increase notice upon request UNLESS NOTED DIFFERENTLY ABOVE THE FOLLOWING TERMS APPLY • Pricing assumes work to take place Mon-Fri 5am-5pm and does not include prevailing wage labor • All electrical line voltage and low voltage rough-ins,final terminations, and permitting by others, including all control and safety sensor wiring. DH Pace to assist licensed electricians to ensure proper input and output terminals are used 20/40P(980DHP)•Rev 11/20 Copyright©DH Pace Company,Inc.2020•All Rights Reserved Page 1 of 3 ® DH Pace Door Services E) H PACE Ren S.W. 7th Street, Suite#400 Renton,WA 98057 Everything Doors Since 1926 P 206-624-3667 • F 844-723-3216 y 9 DHPaceWashington.com PROPOSAL CUSTOMER: City of Kent PROJECT: Kaibara Park Pump Room Address: 220 4th Ave. S. Address 1:W Meeker St&, 1 st Ave N City: Kent State: WA Zip: 98032 Address 2: Phone: (253)856-5080 City: Kent State: WA Zip: 98032 Email: blevenhagen@kentwa.gov Submitted To: Ben Levenhagen Proposal Date: 11/19/2024 Proposal#: JS 20241119 KAIBARA PARK Submitted By: Joe Shelton Commercial Sales Rep (206)276-4214 Joe.shelton@dhpace.com Addendums Acknowledged: Drawings Dated: Specifications Dated: SCOPE OF WORK Remove existing damaged door and frame. Install new door and frame. New door will swing out providing greater security from break ins. New door will have double deadbolts and interlocking astragal for greater security. New frame will be grouted in place to prevent bending and warping when pried on. MATERIALS - 1: Hollow metal door - 1: Hollow metal frame - 3: Non removable pin hinges - 2: Mortise deadbolts - 2: Best construction cores - 1: Operating key - 1: Control key - 1: Push plate - 1: Pull plate - 1: Interlocking astragal - 1: Sweep - 1: Puck lock hasp - 1: Frame grout EXCLUSIONS - Customer to provide access to the opening during normal business hours. - Customer to rework ground immediately outside of opening for new door to be able to swing out. - Any patch or paint to finish opening will be provided by others. - Quote excludes any work to the block wall around the opening. - Any key specific cores to match existing will be by others. Notes - Pricing includes prevailing wage labor. Price $7,157.00 This proposal is based on current pricing from Seller's suppliers and includes all price increases and surcharges levied by those suppliers and known by Seller as of the date of this proposal.Seller reserves the right to require an approved change order before the order can be released into production to compensate for any supplier price increases or surcharges if the contract is executed after the expiration date listed below.Seller will provide written documentation of the Supplier increase notice upon reauest UNLESS NOTED DIFFERENTLY ABOVE THE FOLLOWING TERMS APPLY • Pricing assumes work to take place Mon-Fri 5am-5pm and does not include prevailing wage labor • All electrical line voltage and low voltage rough-ins,final terminations, and permitting by others, including all control and safety sensor wiring. DH Pace to assist licensed electricians to ensure proper input and output terminals are used 20/40P(980DHP)•Rev 11/20 Copyright©DH Pace Company,Inc.2020•All Rights Reserved Page 1 of 3 ® DH Pace Door Services E) H PACE Ren S.W. 7th Street, Suite#400 Renton,WA 98057 Everything Doors Since 1926 P 206-624-3667 • F 844-723-3216 y 9 DHPaceWashington.com PROPOSAL CUSTOMER: City of Kent PROJECT: Three Friends Fishing Hole Address: 220 4th Ave. South Address 1: 19970 Russel Rd City: Kent State: WA Zip: 98032 Address 2: Phone: (253)856-5080 City: Kent State: WA Zip: 98032 Email: blevenhagen@kentwe.gov Submitted To: Ben Levenhagen Proposal Date: 12/18/2024 Proposal#: JS 20241218 THREE FRIENDS Submitted By: Joe Shelton Commercial Sales Rep (206)276-4214 Joe.shelton@dhpace.com Addendums Acknowledged: Drawings Dated: Specifications Dated: SCOPE OF WORK Three Friends Fishing Hole- Adding hardware to existing door for the mechanical room to better secure opening from potential break ins. We will also grout the existing frame. Hardware outlined will match the hardware used for the Morill Meadows project. Puck lock hasps will also be installed at Hogan Park, Earthworks, Kent Memorial Park, Garrison Creek Park, Chestnut Ridge Park, Glenn Nelson Park, & Lake Meridian Park. MATERIALS 3— Prison security hinges 1 — Kick plate 1 —Security astragal 1 —3-point latching exit device 1 — Rim cylinder les core 21 — Hasps for puck locks 1 —Grout for frame EXCLUSIONS - Any paint or finish repair to existing frame system or wall in immediate area by others. Price $9,833.00 (+Tax if applicable) *Pricing assumes prevailing wa_pe labor* UNLESS NOTED DIFFERENTLY ABOVE THE FOLLOWING TERMS APPLY • Pricing assumes work to take place Mon-Fri 5am-5pm and does not include prevailing wage labor • All electrical line voltage and low voltage rough-ins,final terminations, and permitting by others, including all control and safety sensor wiring. DH Pace to assist licensed electricians to ensure proper input and output terminals are used 20/40P(980DHP)•Rev 11/20 Copyright©DH Pace Company,Inc.2020•All Rights Reserved Page 1 of 2 ® DH Pace Door Services E) H PACE Ren S.W. 7th Street, Suite#400 Renton,WA 98057 Everything Doors Since 1926 P 206-624-3667 • F 844-723-3216 y 9 DHPaceWashington.com PROPOSAL CUSTOMER: City of Kent PROJECT: Town Square Plaza Address: 220 4th Ave. S. Address 1:426 W Smith St City: Kent State: WA Zip: 98032 Address 2: Phone: (253)856-5080 City: Kent State: WA Zip: 98032 Email: blevenhagen@kentwa.gov Submitted To: Ben Levenhagen Proposal Date: 11/19/2024 Proposal#: JS 20241119 TOwN SQUARE PL Submitted By: Joe Shelton Commercial Sales Rep (206)276-4214 Joe.shelton@dhpace.com Addendums Acknowledged: Drawings Dated: Specifications Dated: SCOPE OF WORK Install new operator on existing rolling steel door on Town Square Plaza mechanical building. New operator will have a push button station only and no safeties so door will operate in constant contact only, (hold button to full close). This is for safety purposes. DH Pace will carry sub-contractor to bring power to opening for new operator. MATERIALS - 1: Operator - 1: Front of hood mounting bracket - 1: Operator chain hoist kit - 1: Drive sprocket for door - 1: Sub-contractor for electrical scope - 1: Scissor lift for operator install. EXCLUSIONS - Customer to provide access to the opening during normal business hours. - Any patch or paint to finish opening will be provided by others. Notes - Pricing includes prevailing wage labor. Price $8,630.00 This proposal is based on current pricing from Seller's suppliers and includes all price increases and surcharges levied by those suppliers and known by Seller as of the date of this proposal.Seller reserves the right to require an approved change order before the order can be released into production to compensate for any supplier price increases or surcharges if the contract is executed after the expiration date listed below.Seller will provide written documentation of the Supplier increase notice upon request UNLESS NOTED DIFFERENTLY ABOVE THE FOLLOWING TERMS APPLY • Pricing assumes work to take place Mon-Fri 5am-5pm and does not include prevailing wage labor • All electrical line voltage and low voltage rough-ins,final terminations, and permitting by others, including all control and safety sensor wiring. DH Pace to assist licensed electricians to ensure proper input and output terminals are used The proposal described herein, including all price(s)quoted, is made conditionally upon Buyer's continued credit status and must be accepted by Buyer as made by Seller. To accept this Proposal, Buyer must date, sign and return the original copy hereof to Seller within 30 days after the date hereof. Unless expressly disclosed and stated,the amount of any sales and use tax is not included in this proposal. Buyer acknowledges and agrees that each and all of the terms and conditions on Attachment A(TERMS AND CONDITIONS)are a part of this Proposal and that upon Buyer's acceptance of this Proposal shall constitute a valid and binding contract between the parties and all prior proposals, discussions and agreements respecting the subject matter hereof are cancelled. DEPOSIT ON SPECIAL ORDER ITEMS IS NON-REFUNDABLE. BUYER ACCEPTANCE TYPE OR PRINT NAME OF BUYER ACCEPTANCE DATE REFERENCE# This is my authorization to proceed with the above stated work at the base price of Enter text.. SIGNATURE of: Downer El Partner ❑Officer (indicate which) TITLE 20/40P(980DHP)•Rev 11/20 Copyright©DH Pace Company,Inc.2020•All Rights Reserved Page 1 of 2 Attachment A: TERMS AND CONDITIONS Terms.The products("Products")described in this contract and the labor necessary to install the Products("Labor")are herein collectively referred to as the"Work". Condition Precedent. Buyer and Seller agree that if, following Buyer's acceptance hereof, a contract is to be executed by them, Seller's performance hereunder shall be subject to the condition precedent that the terms and conditions of such contract are acceptable to Seller. Scope of Work. Seller agrees to perform for Buyer the Work at the Project. Buyer acknowledges and agrees that: (i)the prices quoted by Seller for the Products are based upon plans, specifications, verbal information or sketches as indicated herein and the addenda hereto; and (ii) that the Work contemplated under this Proposal is fully and correctly described herein. Unless included in the description of and prices quoted for Products,glass,glazing, painting and electrical wiring is excluded under this Proposal and will be provided only upon receipt of a supplemental order signed by Buyer. days of the datta of Seller's;invoice- if pefformance of the Wark taxtands;over 30 days, Bwyer agrees to pay Seller progress payMentS UAder Seller's regwla billing terms and if Produrts havo boon dolivered to the Project or stored an a rnwtually agreed location, Bwyer agrees to pay an arnownt not to nxGnod Proposal PrlG@_GoAditional wpon Seller's prior approval of Bwyer's Gredit, Bwyer W411 pay Seller the unpaid balanGe for performance of the%Alork 30 if payment of any sum is not made whRA and as;dide i indler this Proposal, Buyer shall pay interRSt GA s-ich delinqWeAt SUMS at th a rate of 1 of the Proposal Price on payment of the cost of surh Prodi-icts. MQAth or,the highest contraGt rate allowed wnder applicable law if following Bwypr's dgfault SAllor r4afors this arrnunt to an attorney for GolloGtion, Bwyar agrees to pay all attornays'faas by Sallerwhothor 0 not a lai.vsidmt for r-ollertion is instituted, and all other costs;of collection and litigation. Contract Time. Installation dates are estimates only and Seller cannot guarantee commencement of Work or completion thereof on any given date. Completion dates cannot be given until Seller has been furnished with complete approved drawings and any additional information it may request. Seller shall not be liable for total or partial failure to complete or for any delay in delivering Products or Labor under this Proposal.Seller shall not be liable in any event for any special or consequential damages on account of failure or delay in performance regardless of cause. Work Performance.Performance of the Work will be made by Seller in a prompt manner but Seller cannot be responsible for damage or delay due to acts of God, accidents, civil disturbances, delays in transportation by common carrier, strikes, war, unavailability of material or other cause beyond the reasonable control of Seller. If Products are installed before a finished floor is completed,warranty is limited and Seller assumes no responsibility for fitting the Product to the floor. An additional charge may be made to Buyer for returning to the Project for adjustments to the Product. Seller assumes no responsibilities for failure of installation of the Product due to structural deficiencies in an existing building. Buyer shall prepare the Project for installation in accordance with requirements of Seller. If special work, requiring additional material and labor is required to meet conditions other than those specifically described in this Proposal, Buyer agrees to pay an additional charge therefore. Seller shall be allowed uninterrupted and exclusive access to the Project during performance of the Work. No Product may be returned without Seller's prior written approval.All Product returned is subject to a minimum of 25%restocking fee. Cancellation. In the event Buyer cancels this Proposal after the Seller has commenced Work, Buyer shall forfeit the amount of the down payment given to Seller at the time of the execution of this Proposal, and in addition, shall pay to the Seller such proportion of the total Proposal Price as the amount of Work bears to the total amount of Work agreed upon to be furnished under this Proposal, plus a sum equal to 25%of the total Proposal Price as liquidated damages,which amount is to be paid within 30 days from the date of such cancellation. In the event of Buyer's insolvency this Proposal shall be cancelled and Seller shall have no further obligations to Buyer hereunder. Insurance.Seller shall carry workmen's compensation and public liability insurance to cover the Work.Seller shall not be liable to indemnify,hold harmless or protect in any way the Buyer,or any other party involved in the Work,whether an employee of Seller or Buyer or any third party,except to the extent of the workmen's compensation and public liability insurance maintained by Seller. Buyer shall keep the Project adequately insured against any loss to Seller by reason of damage to Seller's Product or Work or Seller' vehicles, equipment and tools by vandalism,fire,water,windstorm and any other occurrence during the course of Work. Alterations.Any alterations or modifications initiated by Buyer must be agreed upon between the parties and the price fixed by them before work on such alteration or modification shall commence. Payment for such alteration or modification shall be made at the time of the completion of the Work. Permits and Licenses. Buyer shall be responsible for securing the necessary permits and licenses for the Work at Buyer's own cost and expense. Warranties. Seller warrants the Product sold to be free from defects in material and workmanship under normal and intended use and service. This warranty extends only to the Buyer and expires one year after the date of delivery or installation of the Product by Seller. Parts and labor for service work are warranted for the following periods:All replacement parts 90 days; labor-service 30 days.Seller's sole obligation is limited to repairing or replacing any parts which shall be determined by Seller to be defective and is conditioned upon Buyer giving notice of any such defect to Seller within the warranty period. If Seller concludes that repair or replacement is necessary,Seller will commence work within a reasonable time after the decision to repair or replace is made. This warranty does not apply to any Product which has been altered or repaired by any person not authorized by the Seller or which has been subjected to misuse, neglect or accident. Seller assumes no liability for incidental or consequential damages. Warranties implied by law are limited to duration to one year period described above. Wood Products will be guaranteed only if properly protected within 10 days of delivery or installation by Seller with a prime and finish coat of manufacturer's recommended paint. No warranty will be honored unless the Proposal Price has been paid in full, including any applicable service charges. Modification of Proposal. Any modification of this Proposal or additional obligation assumed by either party in connection with this Proposal shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Governing Law. It is agreed that this Proposal shall be governed by,construed and enforced in accordance with the laws of the state in which the Project is located. 20/40P(980DHP)•Rev 11/20 Copyright©DH Pace Company,Inc.2020•All Rights Reserved Page 2 of 2 Exhibit B 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, or equivalent endorsement. 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 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. Policies will be provided in the event there is a claim that triggers coverage. 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. Page 1 of 2 1 DATE(MM/DD/YYYY) AC"J?" CERTIFICATE OF LIABILITY INSURANCE 12/20/2024 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 CONTACT WTW Certificate Center NAME: Willis Towers Watson Midwest, Inc. c/o 26 Century Blvd PHONE 1-877-945-7378 (FAX 1-888-467-2378 IAIC,N Ext: A/C No P.O. Box 305191 AD RIESS: certificates@wtwco.corn Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE NAIC# INSURERA: Safety National Casualty Corporation 15105 INSURED INSURER B: D.H. Pace Company, Inc. (See Attached Named Insured Schedule) INSURERC: 1901 East 119th St INSURER D: Olathe, KS 66061 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: W36812910 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I POLICY NUMBER MM/DD MM/DD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE 1 OCCUR DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence $ A MED EXP(Any one person) $ 10,000 Y Y GL 6676460 01/01/2025 01/01/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO FX] LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT OTHER:FxI $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 2,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y CA 6676461 01/01/2025 01/01/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED I PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE Y/N ER A ANYPROPRIETOR/PARTNER/EXEWINE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? No N/A Y LDC4067849 01/01/2025 01/01/2026 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Service The City of Kent is included as an Additional Insured as required by written contract. Additional Insured status applies to General Liability (CG 2010) and Auto Liability coverages with limits as shown on certificate or amount required in executed contractual agreement, whichever is less, subject to the insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Kent AUTHORIZED REPRESENTATIVE c/o Parks Operations 220 Fourth Avenue South Kent, WA 9.8032 Q ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 26939014 HATCH: 3751138 AGENCY CUSTOMER ID: _ LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED D.H. Pace Company, Inc. Willis Towers Watson Midwest, Inc. (See Attached Named Insured Schedule) POLICY NUMBER 1901 East 119th St See Page 1 Olathe, KS 66061 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance contract. Primary & Non-Contributory applies to General Liability and Auto Liability and is subject to the insurance contract, and subject to applicable state laws. Blanket Waiver of Subrogation is included under General Liability, Auto Liability and Workers Compensation if required by contract and as permitted by law, subject to the insurance contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 26939014 BATCH: 3751138 CERT: W36812910 D.H. Pace Company,Inc. Named Insured Schedule ABC Doors of Dallas,a D.H.Pace Company,Inc. Adams Door,a D.H.Pace Company,Inc. American Overhead Door,a DH Pace Company,Inc. Ameridock, a D.H.Pace Company,Inc. Ankmar,a D.H.Pace Company,Inc. BI-State Loading Dock Specialists,a D.H.Pace Company,Inc. Carolina Industrial Systems,a D.H.Pace Company,Inc. Capital Door Solutions,a D.H.Pace Company,Inc. D.H.Pace Company,Inc. D.H.Pace Compliance Services D.H.Pace Construction Services,a D.H.Pace Company,Inc. D.H.Pace Door Services,a D.H.Pace Company,Inc. D.H.Pace Facilities Group,a D.H.Pace Company,Inc. D.H.Pace National Accounts Group, a D.H.Pace Company,Inc. D.H.Pace Systems Integration,a D.H.Pace Company,Inc. Door Control Services,a D.H.Pace Company,Inc. E.E.Newcomer Enterprises,Inc. EEN Leasing,Inc. EEN Real Estate,Inc. Florida Door Solutions,a D.H.Pace Company,Inc. HBD Technology,a D.H.Pace Company,Inc. J.E.D.Installation,a D.H.Pace Company,Inc. K&B Garage Doors,a D.H.Pace Company,Inc. King Door,a D.H.Pace Company,Inc. Montgomery Door Controls,a D.H.Pace Company,Inc. Norm's Doors,a D.H.Pace Company,Inc. Overhead Door Company of Albuquerque,a D.H.Pace Company,Inc. Overhead Door Company of Atlanta,a D.H.Pace Company,Inc. Overhead Door Company of Blue Springs,a D.H.Pace Company,Inc. Overhead Door Company of Boston,a D.H.Pace Company,Inc. Overhead Door Company of Cape Cod-Commercial,a D.H.Pace Company,Inc. Overhead Door Company of Central Arizona,a D.H.Pace Company,Inc. Overhead Door Company of Central Missouri,a D.H.Pace Company,Inc. Overhead Door Company of Charlotte,a D.H.Pace Company,Inc. Overhead Door Company of Colorado Springs, a D.H.Pace Company,Inc. Overhead Door Company of Columbia,a D.H.Pace Company,Inc. Overhead Door Company of Des Moines,a D.H.Pace Company,Inc. Overhead Door Company of Four Corners,a D.H.Pace Company,Inc. Overhead Door Company of Greater Hall County,GA,a D.H.Pace Company,Inc. Overhead Door Company of Greensboro,a D.H.Pace Company,Inc. Overhead Door Company of Greenville,a D.H.Pace Company,Inc. Overhead Door Company of Jefferson City,a D.H.Pace Company,Inc. Overhead Door Company of Joplin,a D.H.Pace Company,Inc. Overhead Door Company of Kansas City,a D.H.Pace Company,Inc. Overhead Door Company of Little Rock,a D.H.Pace Company,Inc. Overhead Door Company of Manhattan, a D.H.Pace Company,Inc. Overhead Door Company of Metro West, a D.H.Pace Company,Inc. Overhead Door Company of Nashville,a D.H.Pace Company,Inc. Overhead Door Company of Northeast Georgia,a D.H.Pace Company,Inc. Overhead Door Company of Northeast Kansas,a D.H.Pace Company,Inc. Overhead Door Company of Plymouth, a D.H.Pace Company,Inc. Overhead Door Company of Pueblo, a D.H.Pace Company,Inc. Overhead Door Company of Rockhill,a D.H.Pace Company,Inc. Overhead Door Company of Santa Fe,a D.H.Pace Company,Inc. Overhead Door Company of South Central Kansas,a D.H.Pace Company,Inc. Overhead Door Company of Southeast Wisconsin,a D.H.Pace Company,Inc. Overhead Door Company of Southwest Illinois,a D.H.Pace Company,Inc. Overhead Door Company of Springfield,a D.H.Pace Company,Inc. Overhead Door Company of St.Joseph,a D.H.Pace Company,Inc. Overhead Door Company of St.Louis,a D.H.Pace Company,Inc. Overhead Door Company of the Foothills,a D.H.Pace Company,Inc. Overhead Door Company of the High Country,a D.H.Pace Company,Inc. Overhead Door Company of Topeka,a D.H.Pace Company,Inc. Overhead Door Company of Wichita,a D.H.Pace Company,Inc. Pasek Security,a D.H.Pace Company,Inc. Pinnacle Door Company,a D.H.Pace Company,Inc. Total Quality Services,a D.H.Pace Company,Inc. Wade Door Services,a D.H.Pace Company,Inc. 1of1 POLICY NUMBER:GL 6676460 COMMERCIAL GENERAL LIABILITY CG20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations The City of Kent Project: Service Per Certificate of Insurance Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily " or damage" or "personal and advertising injury" pp y inu rY "property damage occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: GL 6676460 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: GL 6676460 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) 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 SCHEDULE Name Of Person(s) Or Organization(s): Any Person or Organization as required by written contract or agreement that is executed prior to the loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CA 6676461 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: E. E. NEWCOMER ENTERPRISES, INC. Endorsement Effective Date: 0 1/0 1/2 0 2 5 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT THAT IS EXECUTED PRIOR TO THE LOSS Information required to complete this Schedule if not shown above will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 POLICYNUMBER: CA 6676461 COMMERCIALAUTO CA044911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance B. The following is added to the Other Insurance Condition in the Business Auto Coverage Form Condition in the Auto Dealers Coverage Form and and the Other Insurance — Primary And Excess supersedes any provision to the contrary: Insurance Provisions in the Motor Carrier This Coverage Form's Covered Autos Liability Coverage Form and supersedes any provision to Coverage and General Liability Coverages are the contrary: primary to and will not seek contribution from any This Coverage Form's Covered Autos Liability other insurance available to an "insured" under Coverage is primary to and will not seek your policy provided that: contribution from any other insurance available to 1. Such "insured" is a Named Insured under such an "insured" under your policy provided that: other insurance; and 1. Such "insured" is a Named Insured under such 2. You have agreed in writing in a contract or other insurance; and agreement that this insurance would be 2. You have agreed in writing in a contract or primary and would not seek contribution from agreement that this insurance would be any other insurance available to such primary and would not seek contribution from "insured". any other insurance available to such "insured". CA 04 49 11 16 ©Insurance Services Office, Inc., 2016 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name Of Person Or Organization: Any Person or Organization as required by written contract or agreement that is executed prior to the loss . Information required to complete this Schedule if not shown above will be shown in the Declarations. CHANGE Paragraph 5. Transfer Of Rights Of Recovery Against Others To Us of the A. Loss Conditions section within the CONDITIONS section of each of the referenced Coverage Forms is amended to include the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". This waiver applies only to the person or organization shown in the Schedule above. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 01/01/2 0 2 5 Policy No. CA 6676461 Endorsement No. Named Insured: Premium$ INCLUDED E. E. NEWCOMER ENTERPRISES, INC. Insurance Company SAFETY NATIONAL CASUALTY CORPORATION SNCA 027 1111 Safety National Casualty Corporation Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization as required by written contract or agreement that is executed prior to the loss. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/2 0 2 5 Policy No. LDC4 0 6 7 8 4 9 Endorsement No. Insured Premium INCLUDED E. E. NEWCOMER ENTERPRISES, INC. �Y'f ��U"/ /",� Insurance Company Countersigned by 'r4 y j SAFETY NATIONAL CASUALTY CORPORATION WC 00 03 13 (Ed.4-84) ©1983 National Council on Compensation Insurance. Ln\ \ \ � \ \ / / - 2 aj I \ \ LD % ? / 2 k � ■ } 2 180 - tA m } / � \ \ ) \ W ƒ Go ! a ) « 4 0 0 , \ B \ \ j \ CL d � � E � � E _ � § ! / j } ( \ § \ All U \ t , " -I\ » ! A 2 : to O m � � 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: 1/15/2025 King County TradeA Job Classification Wage Holiday Overtime Note Risk Class Air,Gas Or Electric Laborers $63.87 151 11P 8Y View Vibrating Screed Laborers Airtrac Drill Operator $65.75 151 11P 8Y View Laborers Ballast Regular Machine $63.87 151 11P 8Y View Laborers Batch Weighman $54.65 151 11P 8Y View Laborers Brick Pavers $63.87 151 11P 8Y View Laborers Brush Cutter $63.87 151 11P 8Y View Laborers Brush Hog Feeder $63.87 151 11P 8Y View Laborers Burner $63.87 15.11 11P 8Y View Laborers Caisson Worker $65.75 15.11 11P 8Y View Laborers Carpenter Tender $63.87 15.11 11P 8Y View Laborers Cement Dumper-paving $64.98 15.11 11P 8Y View Laborers Cement Finisher Tender $63.87 15.11 lip 8Y View Change House Or Dry Laborers $63.87 15.11 11P 8Y View Shack Chipping Gun (30 Lbs.And Laborers $64.98 15.11 11P 8Y View Over) Chipping Gun (Under 30 Laborers $63.87 15.11 11P 8Y View Lbs.) Laborers Choker Setter $63.87 15.11 11P 8Y View Laborers Chuck Tender $63.87 15.11 lip 8Y View Laborers Clary Power Spreader $64.98 15.11 lip 8Y View Laborers Clean-up Laborer $63.87 15.11 11P 8Y View Concrete Dumper/Chute Laborers $64.98 15.11 11P 8Y View Operator Laborers Concrete Form Stripper $63.87 15.11 11P 8Y View Laborers Concrete Placement Crew $64.98 15.11 11P 8Y View Concrete Saw Laborers $64.98 151 11P 8Y View Operator/Core Driller Laborers Crusher Feeder $54.65 151 11P 8Y View Laborers Curing Laborer $63.87 151 11P 8Y View Demolition:Wrecking& Laborers Moving(Incl.Charred $63.87 151 11P 8Y View Material) Laborers Ditch Digger $63.87 151 11P 8Y View Laborers Diver $65.75 151 11P 8Y View Drill Operator(Hydraulic, Laborers $64.98 151 11P 8Y View Diamond) Laborers Dry Stack Walls $63.87 15.11 11P 8Y View Laborers Dump Person $63.87 151 11P 8Y View Laborers Epoxy Technician $63.87 151 11P 8Y View Laborers Erosion Control Worker $63.87 151 11P 8Y View Laborers Faller& Bucker Chain Saw $64.98 151 11P 8Y View Laborers Fine Graders $63.87 15.11 11P 8Y View Laborers Firewatch $54.65 151 11P 8Y View Laborers Form Setter $64.98 151 11P 8Y View Laborers Gabian Basket Builders $63.87 15.11 11P 8Y View Laborers General Laborer $63.87 15.11 11P 8Y View Grade Checker&Transit Laborers $67.38 15.11 11P 8Y View Person Laborers Grinders $63.87 15.11 11P 8Y View Laborers Grout Machine Tender $63.87 15.11 11P 8Y View Groutmen (Pressure) Laborers Including Post Tension $64.98 15.11 11P BY View Beams Laborers Guardrail Erector $63.87 15.11 11P 8Y View Hazardous Waste Worker Laborers $65.75 151 lip 8Y View (Level A) Hazardous Waste Worker Laborers $64.98 15.11 11P 8Y View (Level B) Hazardous Waste Worker Laborers $63.87 15.11 11P 8Y View (Level C) Laborers High Scaler $65.75 15.11 11P 8Y View Laborers Jackhammer $64.98 15.11 11P 8Y View Laborers Laserbeam Operator $64.98 15.11 11P 8Y View Laborers Maintenance Person $63.87 15.11 11P 8Y View Laborers Manhole Builder-Mudman $64.98 15.11 11P 8Y View Laborers Material Yard Person $63.87 15.111 11P 8Y View Laborers Mold Abatement Worker $63.87 151 11P 8Y View Motorman-Dinky Laborers $67.48 15.111 11P 8Y View Locomotive nozzleman (concrete pump, green cutter when using combination of high Laborers pressure air&water on $67.38 15.111 11P 8Y View concrete&rock,sandblast, gunite,shotcrete,water blaster,vacuum blaster) Laborers Pavement Breaker $64.98 151 11P 8Y View Laborers Pilot Car $54.65 151 11P 8Y View Laborers Pipe Layer(Lead) $67.38 15.111 11P 8Y View Laborers Pipe Layer/Tailor $64.98 15.111 11P 8Y View Laborers Pipe Pot Tender $64.98 15.111 11P 8Y View Laborers Pipe Reliner $64.98 15.111 11P 8Y View Laborers Pipe Wrapper $64.98 151 11P 8Y View Laborers Pot Tender $63.87 151 11P 8Y View Laborers Powderman $65.75 15.111 11P 8Y View Laborers Powderman's Helper $63.87 15.111 11P 8Y View Laborers Power Jacks $64.98 15.111 11P 8Y View Railroad Spike Puller- Laborers $64.98 151 lip 8Y View Power Laborers Raker-Asphalt $67.38 151 11P 8Y View Laborers Re-timberman $65.75 15.111 11P 8Y View Remote Equipment Laborers $64.98 151 11P 8Y View Operator Laborers Rigger/Signal Person $64.98 15.111 11P 8Y View Laborers Rip Rap Person $63.87 15.111 11P 8Y View Laborers Rivet Buster $64.98 15.111 11P 8Y View Laborers Rodder $64.98 151 lip 8Y View Laborers Scaffold Erector $63.87 151 11P 8Y View Laborers Scale Person $63.87 15.111 11P 8Y View Laborers Sloper(Over 20") $64.98 15.111 11P 8Y View Laborers Sloper Sprayer $63.87 15.111 11P 8Y View Laborers Spreader(Concrete) $64.98 15.111 lip 8Y View Laborers Stake Hopper $63.87 151 lip 8Y View Laborers Stock Piler $63.87 151 11P 8Y View Swinging Stage/Boatswain Laborers $54.65 151 11P 8Y View Chair Tamper&Similar Electric, Laborers $64.98 15.11 11P 8Y View Air&Gas Operated Tools Tamper(Multiple&Self- Laborers $64.98 15.11 11P 8Y View propelled) Timber Person -Sewer Laborers $64.98 151 11P 8Y View (Lagger,Shorer&Cribber) Toolroom Person (at Laborers $63.87 15.11 11P 8Y View Jobsite) Laborers Topper $63.87 151 11P 8Y View Laborers Track Laborer $63.87 151 11P 8Y View Laborers Track Liner(Power) $64.98 151 11P 8Y View Laborers Traffic Control Laborer $58.20 15.11 11P 9C View Laborers Traffic Control Supervisor $61.47 151 11P 9C View Laborers Truck Spotter $63.87 15.11 lip 8Y View Laborers Tugger Operator $64.98 151 11P 8Y View Tunnel Work-Compressed Laborers $200.40 15.11 11P 9B View Air Worker 0-30 psi Tunnel Work-Compressed Laborers $205.43 151 11P 9B View Air Worker 30.01-44.00 psi Tunnel Work-Compressed Laborers $209.11 151 11P 9B View Air Worker 44.01-54.00 psi Tunnel Work-Compressed Laborers $214.81 151 11P 9B View Air Worker 54.01-60.00 psi Tunnel Work-Compressed Laborers $216.93 151 11P 9B View Air Worker 60.01-64.00 psi Tunnel Work-Compressed Laborers $222.03 151 11P 9B View Air Worker 64.01-68.00 psi Tunnel Work-Compressed Laborers $223.93 151 11P 9B View Air Worker 68.01-70.00 psi Tunnel Work-Compressed Laborers $225.93 151 11P 9B View Air Worker 70.01-72.00 psi Tunnel Work-Compressed Laborers $227.93 151 11P 9B View Air Worker 72.01-74.00 psi Tunnel Work-Guage and Laborers $67.48 151 11P SY View Lock Tender Laborers Tunnel Work-Miner $67.48 151 11P SY View Laborers Vibrator $64.98 151 11P SY View Laborers Vinyl Seamer $63.87 151 11P SY View Laborers Watchman $49.97 151 11P SY View Laborers Welder $64.98 151 11P SY View Laborers Well Point Laborer $64.98 151 11P SY View Laborers Window Washer/Cleaner $49.97 151 lip 8Y View Signature: LL Signature: Th�ma Garin Lee(Feb 4,2025 13:13 PST) Phung Huynh Feb 4,20f513:22 PST) Email: glee@kentwa.gov Email: parkscontracts@kentwa.gov Signature: 8r4141 L.&Zyh"eIfV Brian Levenhagen(Feb 4,2025 516 PST) Email: bjlevenhagen@kentwa.gov