HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 10/18/2018
Unless otherwise noted, the Parks and Human Services Committee meets at 5 p.m. on the
third Thursday of each month in the Kent City Hall, Council Chambers East, 220 Fourth
Avenue South, Kent, WA 98032.
For additional information please contact Ron Lashley at 253 -856-5101, or via email at
RLashley@KentWA.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Parks and Human Services
Committee
Agenda
Chair - Brenda Fincher
Satwinder Kaur– Marli Larimer
Ronald Lashley, Committee Secretary
Thursday, October 18, 2018
5:00 p.m.
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Changes to the Agenda Chair 01 MIN.
4. Approval of September 20, 2018
Minutes
YES Chair 05 MIN.
5. Public Works Agreement with
Modern Building Systems -
Recommend
YES Alex Ackley 05 MIN.
6. Comprehensive Recreation
Program Plan Overview -
Information
NO Julie Parascondola 30 MIN.
7. Contract with PROS for
Comprehensive Recreation
Program Plan - Recommend
YES Brian Levenhagen 05 MIN.
8. Lease with Union Pacific Railroad
for Uplands Extension -
Recommend
YES Brian Levenhagen 05 MIN.
9. Directors Report NO Julie Parascondola 10 MIN.
10. Adjournment Chair 01 MIN.
Page 1 of 2
Approved
Parks and Human Services
Committee
CC Parks Regular Meeting
Minutes
September 20, 2018
Date: September 20, 2018
Time: 5:00 PM
Place: Chambers East
Attending: Brenda Fincher, Committee Chair
Satwinder Kaur, Councilmember
Marli Larimer, Councilmember
Ronald Lashley, Committee
Secretary
Agenda:
1. Call to Order 5:00 PM
2. Roll Call
Attendee Name Title Status Arrived
Brenda Fincher Committee Chair Present
Satwinder Kaur Councilmember Present
Marli Larimer Councilmember Present
Ronald Lashley Committee Secretary Present
3. Changes to the Agenda
No Changes to the Agenda
4. Approval of Minutes dated August 16, 2018
MOTION: Move to approve the Minutes dated August 16, 2018
RESULT: APPROVED [UNANIMOUS]
MOVER: Satwinder Kaur, Councilmember
SECONDER: Marli Larimer, Councilmember
AYES: Fincher, Kaur, Larimer
5. Clark Lake Park Properties Demolition - Recommend
This was a unanimous vote.
MOTION: Move to recommend council authorize the mayor to sign a
public works agreement with Skycorp, in the amount of $80,245, for
the demolition of houses and outbuildings on the Lake and Walla
properties at Clark Lake Park, subject to final terms and conditions
acceptable to the parks director and city attorney.
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Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
September 20, 2018
Kent, Washington
Page 2 of 2
RESULT: RECOMMENDED TO COUNCIL [UNANIMOUS]
MOVER: Marli Larimer, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Fincher, Kaur, Larimer
6. Parks 2019 - 2020 Budget Approach
A powerpoint presentation was given by Director Julie Parascondola along
with handouts of the Park and Recreation Services Strategic Alignment
Flowchart and 15 Strategic and CAPRA Planning Processes Guiding Plan
outline to give the Committee insight as to how the Parks Department has
approached the Budget.
7. Director's Report
Working on the Marketing and Outreach Program with JayRay and the Survey
to go out citizens of Kent on September 21, 2018. The focus of the survey is
to better understand how citizens are getting information regarding the City
of Kent services.
Recreation Program Plan Survey will come out in January 2019
Lake Meridian Restroom renovation will be done by the previous designer.
Wanting to have the Mayor waive public bidding process and utilize the
previous contractor to do the work to expedite completion of the restroom to
have it reopen for the public by late May or early June.
Ronald Lashley
Committee Secretary
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: October 18, 2018
TO: Parks and Human Services Committee
SUBJECT: Public Works Agreement with Modern Building Systems -
Recommend
MOTION: Move to recommend council authorize the mayor to sign a public
works agreement with Modern Building Systems, Inc. in the amount of
$300,328.60 for the site preparation, purchase and installation of a new
modular building to be located at the City Shops facility, subject to final
terms and conditions acceptable to the parks director and city attorney.
SUMMARY: Due to the increasing need for space at the Operations facility,
Public Works Operations is in need of placing a modular building that will
add 1440 square feet of office space to house the Sewer and Storm
division work crews. The placement of this building will also allow for the
reorganization of the existing building to better use the space for other
divisions.
BUDGET IMPACT: Public Works Operations, Storm division budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City
ATTACHMENTS:
1. Modern Building Systems, Inc._PW Agreement (PDF)
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KENT
wagHtño1oñ
PUBLIC WORKS AGREEMENT
between City of Kent and
Modern Building Systeffisr Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Modern Building Systems, Inc,, organized under the laws of the State of
Oregon, located and doing business at 1550 Thornton Ave SW, Pacific, WA 98047, Rick Neil, 800-682-
7922, rnei l @ modern bu i ld i ngsystems. com, ( herei nafter the "Contractor" ),
AGREEMENT
The parties agree as follows:
I. DESCRIPTION OF WORK.
Contractor shall perform the following services for the City in accordance with the following
described plans and/or specifications:
Contractor shall prepare the site and install a manufactured modular building in accordance
with the configuration shown on the drawings and described in the attached specifications.
The contractor must supply a stamped engineered set of modular building drawings to the
Kent Building Department for permit prior to placement of modular building. Contractor to
coordinate with PSE and provide trenching, conduit, and piping for power and gas
connections. Contractor to supply and install fencing around building as shown on page 2 of
the site plan. Contractor's Bid Proposal; project specifications, provisions, and plans; the
City's bid documents; and the Contractor's response to the City's bid, are attached and
incorporated as Exhibit A.
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 immediately upon execution of this Agreement. Upon the effective date of this
Agreement, Contractor shall complete the work described in Section I within 90 days.
III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed
g3OO,328,6O, including any applicable Washington State Sales Tax, for the work and services
contemplated in this Agreement, The Contractor shall invoice the City monthly. The City will pay for the
portion of the work described in the invoice that has been completed by the Contractor and approved by
the City. The City's payment shall not constitute a waiver of the City's right to final inspection and
acceptance of the project,
A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor,
shall provide the City a payment and performance bond for the full contract amount.
B, Retainage. The City shall hold back a retainage in the amount of five percent (5olo)
of any and all payments made to 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
PUBLIC WORKS AGREEMENT - 1
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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 Contractor's signature on the
Agreement.
c.Defective or Unauthorij:ed Work. The City reserves its right to withhold payment
from 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 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 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.
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
Contractor's services under this Agreement will be performed.
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 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.
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.
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 Contractor's
business, and has obtained a Unified Business ldentifier (UBI) number from the
State of Washington.
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:
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The Contractor's refusal or failure to supply a sufficient number of properly skilled
workers or proper materials for completion of the Contract work.
The Contractor's failure to complete the work within the time specified in this
Agreement,
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The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
The Contractor's persistent disregard of federal, state or local laws, rules or
reg u lations.
The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
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. 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. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by
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, Contractor must submit a written change order request to the person listed in the
notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date
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 woik upon receiving either a written change order from the City or an oral order from the
Cig 6efore actually receiving the written change order. If the Contractor fails to require a change order
w¡t'h¡n the time specified ln tn¡s 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 VIII, 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
acäepted by 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. 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
ıvents giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or
should ñave 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
A.
B.
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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,
itemslthrough5below.
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:
The date of the Contractor's claim;
The nature and circumstances that caused the claim;
The provisions in this Agreement that support the claim;
The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
An analysis of the progress schedule showing the schedule change or
disruption if the Contractor is asserting a schedule change or disruption,
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.
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.
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).
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).
IX. 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.
X. WARRANTY. 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 Contractor knows or should have
known of the defect, or (2) upon 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
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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.
XI. 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.
Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy
Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the
attached Compliance Statement.
XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of 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,ILs, 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 Contractor's liability accruing from that obligation shall be only to the extent of the
Contractor's neg ligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNIW 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 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
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.
XIII. 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,
xIV. WORK PERFORMED AT CONTRACTOR'S RISK. 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 Contractor's own risk, and 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.
XV. MISCELLANEOUS PROVISIONS.
PUBLIC WORKS AGREEMENT - 5
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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 Disoutes and Governing Law, This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XII of this Agreement,
D. Written Notice, All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing,
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and 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
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,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5,01 of
the Kent City Code.
PUBLIC WORKS AGREEMENT - 6
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K, Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement, Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONTRACTOR:
By
(signature)
Print Name
I fc
(t¡tte)
DATE:
CITY OF KENT:
By
(signature)
Dana RalohPrint Name
I fc Marrnr
DATE:
NOTICES TO BE SENT TO:
CONTRACTOR:
Rick Neil
Modern Building Systems, Inc.
1550 Thornton Ave SW
Pacific, WA 98047
800 682- 1 422 (telephone)
(facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Nancy Clary
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856- 5084(telephone)
(253) 856-6080(facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
PUBLIC WORKS AGREEMENT . 7
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1
2
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding,
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, 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 questions are as follows:
I have read the attached City of Kent administrative policy number 1,2.
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.
During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer,
During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above,
By signing below, I agree to fulfill the five requirements referenced above
By:
For:
Title:
Date:
3
4
5
EEO COMPLiANCE DOCUMENTS - 1
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CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: L,2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
POLICY:
Equal employment opportunity 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.
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 assume 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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: April 1, 1996
APPROVED BY Jim White, Mayor
EEO COMPLIANCE DOCUMENTS - 2
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CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I,theundersigned,adulyrepresentedagentof
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3
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BI D DER 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 (t0/02/20t8), 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.
Modern Building Systems, Inc.
By:
Signature of Authorized Officialx
Printed Name:
Title:
Date:
City and State:
*If a corporation, proposal must be executed in the corporate name by the president or vice'
president (or any other corporate officer accompanied by evidence of authority to sign). If a co-
partnership, proposal must be executed by a partner.
BIDDER RESPONSIBILITY CRITERIA - 1
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KENT PAYMENT AND PERFORMANCE BOND
TO CITY OF KENTw À ¿ '¡ ¡ | o v (t I
That we, the undersigned,
as Principal, and
a Corporation organized arrd èxisting under the laws of the State of WashingLon, as a
Surety Corporati'on, and qualified under the laws of the State of Washington to
become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are
loiñify and severåliy held and firmly bound to the CITY OF KENT in the penal sum of $
together with any adjustments, up or down, in the total contract
@i'uné.'lnthecoritraclwork,forthepaymentofwhichsumon
demand we b,ind our.ätua. and our successors, heirs, administrators or personal
representatîves, as the case may be.
This obligation is entered into in pursuance of the statutes of the State of
Washington, anã the Codes and Ordinances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS,under and pursuant to a motion, dulY made, seconded and Passed
by the City Coun cil of the CitY of Kent, King County, W ashington, the MaYor of the
City of Kent has let or is about to let to the above b ounden PrinciPal, a certain
contract, the said contract Providing for construction of
(which con tract is referred to herein and
is made a part hereof as though attach ed hereto), and
KNOW ALL MEN BY THESE PRESENTS:
iN WITNESS WHEREOF, thc
instrument under their separate seals.
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to peiform the work therein provided for in the manner and within the time
set forth:
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
perform all the provisioni of said contract in ttre manner and withln the time hereln
!.i iäril..,, oi *i*lin such extensions of time as may be granted under the said
contract, and shall pay all laborers, mechanics, subcontractors and material men, and
all persons who shall supply the Prìncipal or subcontractors with provisions and
irppfiur for the.ãirying ón åf said work and shall indemnify and hold the CITY OF
f<ffrlf harmless from'an-y damage or eXpense by reason of failure of pe¡formance as
specified in said contrait or from defects appearing or developing in the malerial or
workmanshlp providul or performed under
'said coñtract, then -and in that event this
o¡ligation shal'l be void; Uut otherwise it shall be and remain in full force and effect'
above bounden parties have executed this
The name and corporate seal (if required by
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law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of lts governing body.
TWO WITNESSES:
PRINCIPAL (enter prlncipal's name above)
BY
TITLE
DATEI DATE:
CORPORATE SEAL:
PRINT NAME
DATE:
SURETY
CORPORATE SEAL:BY
DATE:
TITLE:
ADDRESSI
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Assistant) Secretary of the Corporation named as
Principal in the withln Bond; that
Who signed the said bond on beh
Of the said Corporation; that I kn
Bond was duly signed, sealed, an
authority of lts governing bodY,
alf of the Principal
ow his signature th ereto is genuine, and that said
d attested for and in behalf of sald Corporation by
SECRETARY OR ASS1STANT SECRETARY
lr\civl¡Vô,ÍndCoôv¡(8, lt¡.¡¡i¡\9.dôtnrn(rðôil.dô.
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
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Page 1 of 18
State of Washington
Department of Labor & lndustries
Prevaiting Wage Section - Tetephone 360-902'5335
PO Box 44540, Otympia, WA 98504-4540
Washington State Prevailing Wage
The PREVAILING WAGES listed here inctude both the hourty wage rate and the hourly rate
of fringe benefits. 0n pubtic works projects, worker's wage and benefit rates must add to
not less than this totat. A brief description of overtime catcutation requirements are
provided on the Benefit Code Key.
Journey Level Prevailing Wage Rates for the Effective Date: 1010212018
Cou Tr ification Holi
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1CJourney Level s66. s4 5NBoitermakers
5A 1MJourney Level 5s7.32Brick Mason
557.32 5A 1MBrick Mason Poi nter-Cautker- Cteaner
2Fs24.63 5SBuildins Service Emplovees Janitor
5S ZFTraveti ng Waxer/ Shampooer s2s,08Buitdinq Service Emptovees
2Fs28.1 3 5SBuitdinq Service Emolovees Window Cteaner (Non-
Scaffotd)
5S 2FBuitdine Service Emplovees Window Cteaner (Scaffotd)s29.03
522.74 1Cabinet Makers (ln Shop)Journey Level
4Csó0.04 5DCarÞentersAcoustical Worker
560.04 5D 4CCarpentersBridge, Dock And Wharf
Carpenters
4Cs60.04 5DCarpentersCarpenter
5D 4CCarpenters on Stationary Tools 560.17CarDenters
s60.1 4 5D 4CCreosoted MaterialCarDenters
4Cs60.04 5DCarÞentersFloor Finisher
5D 4CFloor Layer s60.04CarÞenters
560.04 5D 4CScaffold ErectorCarpenters
4U560.07 7ACement Masons Journey Level
51 13.60 5D 4CBett/Vehicte or Submersibte
Operator (Not Under Pressure)
Divers & Tenders
4Cs76.33 5DDivers & Tenders Dive Supervisor/Master
5D 4CDivers1 13.ó0Divers & Tenders
571.33 5D 4CDiver On StandbyDivers & Tenders
4C564.71 5DDiver Tender
4C564.71 5DDivers & Tenders Manifotd Operator
56e.71 5D 4CManifotd Operator Mixed GasDivers & Tenders
4C564.71 5DDivers & Tenders Remote 0perated Vehicte
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https : //fortress.wa. gov/lni/wagelookup/prvV/agelookup. aspx
s60.29 5A 4C
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Operated Vehicle
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Page 2 of 18
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s56.44 5D 3FDredee Workers Assistant Engineer
Dredqe Workers Assistant Mate (Deckhand)ss6.00 5D 3F
Dredqe Workers Boatmen s56.44 5D 3F
5D 3FDredqe Workers Engineer Wetder s57.51
s58.67 5D 3FDredqe Workers Leverman, Hydrautic
Dredee Workers Mates 5s6.44 5D 3F
Dredee Workers Oiter s56.00 5D 3F
5D 1HDrvwatI Applicator Journey Level s58.48
sse.32 5P 1EDrvwaItTapersJourney Level
1EElectricaI Fixture Maintenance
Workers
Journey Level s28.ee 5L
577.51 7C 4EElectricians - lnside Cable Spticer
Electricians - lnside Cable Spticer (tunnet)s82.84 7C 4E
Electricians - lnside Certified Welder 574.e0 7C 4E
7C 4EEtectricians - lnside Certified Welder (tunnet)s80.37
Etectricians - lnside Construction Stock Person s39.óe 7C 4E
Etectricians - lnside Journey Level 572.30 7C 4E
4EEtectricians - lnside Journey Level (tunnet)577.s1 7C
Electricians - Motor Shop Journey Level s45.08 5A 1B
57e.43 5A 4DEtectricians - Powerline
Construction
Cabte Spticer
Etectricians - Powertine
Construction
Certified Line Welder 56e.75 5A 4D
Electricians - Powertine
Construction
Groundperson s46.28 5A 4D
Electricians - Powerline
Construction
Heavy Line Equipment
Operator
56e.75 5A 4D
4DEtectricians - Powerline
Construction
Journey Level Lineperson 56e.75 5A
Electricians - Powertìne
Construction
Line Equipment Operator 5s9.01 5A 4D
Electricians - Powertine
Construction
Meter lnstatler 546.28 5A 4D
Etectricians - Powerline
Construction
Pote Sprayer 569,75 5A 4D
Electricians - Powertine
Construction
Powderperson ss2.20 5A 4D
Etectronic Technicians Journey Level 548.06 7E 1E
Etevator. Constructors 5e1.24 7D 4AMechanic
Etevator Constructors Mechanic ln Charge s98.51 7D 4^
Fabricated Precast Concrete
Products
Atl Ctassifications - ln-Factory
Work Only
s17.72 5B 1R
Fence Erectors Fence Erector 541.45 7A 3t
Fence Erectors Fence Laborer 541.4s 7A 3t
Ftaqqers Journey Level 541.45 7A 3t
Gtaziers Journey Level 563.06 7L 1Y
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7^3tHod Carriers &. Mason Tenders Journey Level s50.42
s1 1 .50 1lndustriat Power Vacuum
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Boat Operator 561.41 5B 1Klntand Boatmen
1Klntand Boatmen Cook 55ó.48 5B
5B 1Klntand Boatmen Deckhand ss7.48
s58. B1 5B 1Klnland Boatmen Deckhand Engineer
1KLaunch Operator s58.Be 5Blntand Boatmen
s57.31 5B 1Klntand Boatmen Mate
1Cteaner Operator, Foamer
Operator
s31.49lnspection /Cteanìne/Seatinq
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1lnspection / Cteanìne /Seatinq
Of Sewer &. Water Svstems Bv
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Grout Truck Operator 511.s0
524.e1 1lnspection /Cleanine/Seatine
Of Sewer & Water Svstems Bv
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Head Operator
1lnspection /Cteaninq/Seatinq
Of Sewer & Water Svstems Bv
Remote Control
Technician $1 e.33
1Tv Truck Operator 520.45I nspection /Cteanine/ Seatine
Of Sewer & Water Svstems Bv
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560.04 5D 4CJourney Levellnsutation Applicators
56e.28 7N 10lronworkersJourneyman
s48.90 7A 3tAir, Gas Or Electric Vibrating
Screed
Laborers
550.42 7A 3tLaborersAirtrac Drilt Operator
7A 3lBattast Requtar Machine s4B.e0Laborers
541.45 7A 3tBatch WeighmanLaborers
3rs48.90 7ALaborersBrick Pavers
7A 3tBrush Cutter s48.90Laborers
s48.90 7A 3tBrush Hog FeederLaborers
3ts4B.e0 7ALaborersBurner
7A 3lCaisson Worker s50.42Laborers
s4B.e0 7A 3tCarpenter TenderLaborers
s4B. e0 7A 3tLaborersCautker
3ts49.81 7ALaborersCement Dumper-paving
7A 3tCement Finisher Tender s48.90Laborers
548.e0 7A 3tChange House Or Dry ShackLaborers
3ts48.90 7ALaborersChipping Gun (under 30 Lbs.)
s49.81 7A 3tChipping Gun(30 Lbs. And
Over)
Laborers
7A 3ts48.90LaborersChoker Setter
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s4e.81 7A 3lLaborersCtary Power Spreader
Laborers Ctean-up Laborer s4B.e0 7A 3t
Concrete Dumper/chute
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s4e. B1 7A 3lLaborers
Laborers Concrete Form Stripper s4B.e0 7A 3l
3lLaborersConcrete Ptacement Crew s49. 81 7A
s4e.81 7A 3tLaborersConcrete Saw Operator / core
Driller
Crusher Feeder 541.45 7A 3tLaborers
3tLaborersCuring Laborer 548.e0 7A
Laborers Demotition: Wrecking &
Moving (inct. Charred
Materiat)
s48.90 7^3l
3lLaborersDitch Digger s4B.e0 7A
550.42 7A 3lLaborersDiver
3lLaborersDrittOperator
(hydrautic,diamond )
54e.81 7A
s48.e0 7A 3tLaborersDry Stack Watls
Laborers Dump Person s48. e0 7A 3t
Laborers Epoxy Technician s4B.e0 7A 3l
Erosion Control Worker s48.90 7A 3lLaborers
Laborers Fatter & Bucker Chain Saw s49. B1 7A 3r
3lLaborersFine Graders 548.e0 7A
Firewatch 541,45 7A 3tLaborers
Laborers Form Setter s48.e0 7A 3t
3tLaborersGabian Basket Buitders s4B. e0 7A
Laborers GeneraI Laborer 548.e0 7A 3t
3lLaborersGrade Checker & Transit
Person
s50.42 7A
Laborers Grinders s4B.e0 7A 3l
Laborers Grout Machine Tender s48.e0 7A 3t
Laborers Groutmen (pressure)inctuding
Post Tension Beams
54e.81 7A 3t
Laborers GuardraiI Erector 548.e0 7A 3t
Laborers Hazardous Waste Worker
(levet A)
s50.42 7A 3t
Laborers Hazardous Waste Worker
(tevet B)
s4e. B1 7A 3t
Laborers Hazardous Waste Worker
(levet C)
s48.90 7A 3t
Laborers High Scater 550.42 7A 3t
Laborers Jackhammer 549. B1 7A 3t
Laborers Laserbeam Operator s4e.B1 7A 3t
Laborers Maintenance Person s48.e0 7A 3t
Laborers Manhote Builder-mudman s49. B1 7A 3l
Laborers Material Yard Person s4B.e0 7A 3t
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Green Cutter When Using
Combination Of High Pressure
Air & Water On Concrete &
Rock, Sandblast, Gunite,
Shotcrete, Water Bta
54e.81
54e.81 7A 3tLaborersPavement Breaker
Laborers Pitot Car s41.45 7A 3t
Laborers Pipe Layer Lead s50.42 7A 3t
3tLaborersPipe Layer/taitor 54e.81 7A
s49.81 7A 3tLaborersPipe Pot Tender
s4e.81 7A 3tLaborersPipe Retiner
Laborers Pipe Wrapper $49. B1 7A 3t
3tLaborersPot Tender s4B.e0 7A
5s0.42 7A 3tLaborersPowderman
Powderman's Hetper s48.90 7A 3tLaborers
3rLaborersPower Jacks 54e.81 7A
54e.81 7A 3rLaborersRailroad Spike Putter - Power
Raker - Asphatt S5o,4z 7A 3tLaborers
7A 3tLaborersRe-timberman s50.42
s49.81 7A 3tLaborersRemote Equipment Operator
Rigger/signaI Person 549. B1 7A 3tLaborers
3tRip Rap Person s48.90 7ALaborers
7A 3tLaborersRivet Buster 54e.81
s49.81 7A 3tLaborersRodder
3tScaffotd Erector s48.90 7ALaborers
s4B.e0 7^3lLaborersScate Person
549.81 7^3lLaborersStoper (over 20")
7A 3tStoper Sprayer s48.e0Laborers
s49. B1 7A 3tLaborersSpreader (concrete)
s48.90 7A 3tLaborersStake Hopper
3lStock Piter s48.90 7ALaborers
s49. B1 7A 3lLaborersTamper & Similar Etectric, Air
& Gas Operated Toots
s49. B1 7A 3tTamper (muttipte & Setf-
propetled)
Laborers
7A 3tTimber Person - Sewer
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s49.81Laborers
s48.90 7^3tTootroom Person (at Jobsite)Laborers
3ts4B. e0 7^Laborers Topper
7A 3tTrack Laborer s4B.e0Laborers
s49.81 7A 3tTrack Liner (power)Laborers
544.33 7A 3tLaborersTraffic Control Laborer
3tTraffic Control Supervisor 544.33 7ALaborers
s48.e0 7A 3tTruck SpotterLaborers
s4e.81 7A 3tLaborersTugger Operator
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s1 12.ó3 7A 3tLaborersTunnel Work-Compressed Air
Worker 30.01-44.00 psi
Laborers Tunne[ Work-Compressed Air
Worker 44.01-54.00 psi
s1 1ó.31 7A 3t
5122,01 7^3tLaborersTunne[ Work-Compressed Air
Worker 54.01-60.00 psi
3lLaborersTunnel Work-Compressed Air
Worker ó0.01-ó4.00 psi
5124.13 7A
Tunnel Work-Compressed Air
Worker 64.01-68.00 psi
s129.23 7A 3rLaborers
3tLaborersTunnel Work-Compressed Ai r
Worker ó8.01-70.00 psi
s131.13 7A
Laborers Tunnel Work-Compressed Air
Worker 70.01-72.00 psi
s133.13 7A 3t
7A 3tLaborersTunnel Work-Compressed Air
Worker 72.01-74.00 psi
s1 3s.1 3
Laborers Tunnel Work-Guage and Lock
Tender
s50.52 7A 3l
Laborers TunneI Work-Miner s50.52 7A 3t
Laborers Vibrator s49.81 7^3t
Laborers Vinyl Seamer 548.e0 7A 3t
Laborers Watchman s37.67 7A 3t
Laborers Welder s4e.81 7A 3t
Laborers Wetl Point Laborer s49. B1 7A 3t
Laborers Window Washer/cleaner 537.67 7A 3t
Laborers - Underqround Sewer
& Water
General Laborer & Topman 548. e0 7A 3t
Laborers - Underqround Sewer
& Water
Pipe Layer s4e.81 7A 3l
Landscape Construction Landscape Laborer 537.67 7A 3t
Land¡qape çon$ructþt Landscape Operator Sse.4e 7A 3C
Lathers Journey Level s58.48 5D 1H
Marbte Setters Journey Level 557.32 5A 1M
MetaI Fabrication (ln Shop)Fitter s15.86 1
Metal Fabrication (ln Shop]Laborer s11.s0 1
Metal Fabrication (ln Shop)Machine Operator s13.04 1
Metal Fabrication (ln Shop)Painter s1 1 .50 1
Metal Fabrication (ln Shop)Wetder s1s.4B 1
Mittwrieht Journey Level só1 . s4 5D 4C
Modular Buitdinqs Cabinet Assembty s1 I .56 1
Modutar Buitdines Electrician s1 1 .56 1
Modutar Buìtdines Equipment Maintenance 51 1 .56 1
Modular Buildines Plumber s1 1 .56 1
Modutar Buitdines Production Worker s1 1 .50 1
Modular Buildinqs TooI Maintenance s1 1 .56 1
Modutar Buildines Utitity Person 51 1 .5ó 1
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5s4.e9 5D 4CPite Driver Crew Tender
574.87 5D 4CPile Driver Hyperbaric Worker -
Compressed Air Worker
0-30.00 Psr
5D 4CHyperbaric Worker -
Compressed Air Worker 30.01
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579.87Pile Driver
5D 4CHyperbaric Worker -
Compressed Air Worker 44.01
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4CsBB.87 5DPile Driver Hyperbaric Worker -
Compressed Air Worker 54.01
- 60.00 Psl
4C591.37 5DPile Driver Hyperbaric Worker -
Compressed Air Worker 60.01
- 64.00 PSI
4C5e6.37 5DPite Driver Hyperbaric Worker -
Compressed Air Worker 64.01
- 68.00 PSt
4Cse8.37 5DPite Driver Hyperbaric Worker -
Compressed Air Worker 68.01
- 70.00 Pst
4Cs1 00.37 5DHyperbaric Worker -
Compressed Air Worker 70.01
- 72.00 PSI
Pite Driver
4C5102.37 5DHyperbaric Worker '
Compressed Air Worker 72.01
- 74.00 PSI
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5D 4Cs60.29Pite Driver Journey Level
1RS56. s4 79Journey Level
1Journey Level s1 1 .50Plavsround & Park Equipment
lnstatters
1Gs83.ó9 6ZJourney Levelbers &
3C560.49 7AAsphatt Ptant OperatorsPower Equipment 0perators
7A 3Cs56.e0P ower LsulBfl e$_qpetatqtg Assistant Engineer
5se.e6 7A 3CBarrier Machine (zipper)
s59.e6 7A 3CBatch Plant Operator,
Concrete
Power Equipment Opqfalqs
3Cs56.e0 7ABobcatPower Equipment Operators
7A 3C5s6.e0Power Equipment Operators Brokk - Remote Demotition
Equipment
3Cs56.e0 7AP owe r EsqBne$_ApeIa!9[5 Brooms
7A 3C5se.96Power Equipment Operators Bump Cutter
7A 3Cs60.49Power Equipment Operators Cabteways
3Cs5e.96 7AChipperPower Equipment OÞerators
3C5s6. e0 7ACompressorPower Eouipm ent Ooerators
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Power Equipment OÞerators Concrete Finish Machine -laser
Screed
ss6.90 7A 3C
Power EquiÞment Operators Concrete Pump - Mounted Or
Traiter High Pressure Line
Pump, Pump High Pressure.
s5e.4e 7A 3C
s5e.e6 7^3CPowerramentConcrete Pump: Truck Mount
With Boom Attachment Up To
42m
Power Equipment Operators Conveyors s5e.4e 7A 3C
3CPower Equipmen t Ooerators Cranes Friction: 200 tons and
over
s62.33 7^
Power Equipment Operators Cranes: 20 Tons Through 44
Tons With Attachments
s5e.e6 7A 3C
Power Equipmen t Ooerators Cranes: 100 Tons Through 199
Tons, Or 150'Of Boom
(lnctuding Jib With
Attachments)
s61 .1 0 7A 3C
Power EquiÞment Operators Cranes: 200 tons- 299 tons, or
250' of boom including jib
with attachments
s61.72 7A 3C
Power Equipment Operators Cranes: 300 tons and over or
300' of boom inctuding jib
with attachments
562.33 7A 3C
Power Equipment Operators Cranes: 45 Tons Through 99
Tons, Under 150'Of Boom
(inctuding Jib With
Attachments)
560.49 7A 3C
Power Equipment Operators Cranes: A-frame - 10 Tons And
Under
$56.e0 7A 3C
Power EquiÞment OÞerators Cranes: Friction cranes
through 1 99 tons
561.72 7A 3C
Power Equipment Operators Cranes: Through 19 Tons With
Attachments A-frame Over 10
Tons
s5e.4e 7A 3C
Power Equipment Operators Crusher ss9.e6 7A 3C
Power Equipment Operators Deck Engineer/deck Winches
(power)
s5e.e6 7A 3C
Power Equipment Operators Derricks, On Buitding Work s60.49 7A 3C
Power Equipment Operators Dozers D-9 & Under s59.49 7A 3C
Power Equipment Operators Dril[ Oiters: Auger Type, Truck
Or Crane Mount
559,49 7A 3C
Power EqUiB¡çnt Opefators Dritting Machine 561 .1 0 7A 3C
Power Equipment Operators Etevator And Man-tift:
Permanent And Shaft Type
7As 56. e0 3C
Power Equipment Operators Finishing Machine, Bidwett
And Gamaco & Simitar
Equipment
s5e.e6 7A 3C
Power Equipment Operators Forktift: 3000 Lbs And Over
With Attachments
55e.4e 7A 3C
crete Pump: Truck Mount
Boom Attachment Over
Page 8 of i8
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$60.4e 7A 3CPower Eauiom ent Oneratorç Hard Tail End Dump
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Equipment 45 Yards. & Over
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Power Equipment Operators
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561 .1 0 7A 3CLoader, Overhead B Yards. &
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560.4e 7A 3CLoader, Overhead, 6 Yards.
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556.e0 7A 3COiI Distributors, Blower
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Power Eouiom ent Onerators
só1 .1 0 7A 3COverhead, Bridge Type: 100
Tons And Over
Power Equipment Operalors
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3Cs56.90 7APavement BreakerPower EouiÞment Ooerators
7A 3CPite Driver (other Than Crane
Mount)
s5e. e6Power Equip t Ooerators
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Power Equipment Operators Quad 9, Hd 41, D1 0 And Over 560.4e 7A 3C
Power Equipment Operators Quick Tower - No Cab, Under
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s5ó.e0 7A 3C
Power EquÍpment Operators Remote Control Operator On
Rubber Tired Earth Moving
Equipment
560.49 7A 3C
Power Equipment Operators Rigger And Betlman s56.90 7A 3C
Power Equipment Operators Rigger/SignaI Person, Betlman
(Certified)
559.49 7A 3C
Power Equipment OÞerators Rottagon s60.49 7A 3C
Power Equipment Operators Rotler, Other Than Ptant Mix s56.90 7A 3C
Power Equipment OÞerators Rotter, Plant Mix Or Mutti-tift
Materiats
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Power Equipment OÞerators Roto-milt, Roto-grinder $se.96 7A 3C
Power Equipment Operators Saws - Concrete s5e.4e 7A 3C
Power Equipment Operators Scraper, Setf Propetted Under
45 Yards
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Power Equipment Operators Shotcrete/gunite Equipment s5ó.e0 7A 3C
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Tons.
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Over 30 Metric Tons To 50
Metric Tons
s60.4e 7A 3C
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Tractors: 15 To 30 Metric Tons
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Over 50 Metric Tons To 90
Metric Tons
s61 .1 0 7A 3C
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Over 90 Metric Tons
561.72 7A 3C
Power Equipment Operators Stipform Pavers 560.4e 7^3C
Power Equipment Operators Spreader, Topsider &
Screedman
s60.4e 7A 3C
Power Equipment Operators Subgrader Trimmer s5e.e6 7^3C
Power Equipment Operatqrs Tower Bucket Elevators sse.4e 7A 3C
Power Equipment Operators Tower Crane Up To 175' ln
Height Base To Boom
561 .1 0 7A 3C
https : //fortress.wa. gov/lni/wagelookup/prvWagelookup. aspx
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s60.4e 7A 3CPower EquiÞment Operators-
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3CPower Equipment Operators-
Undergtou¡d Sewer & Water
Assistant Engineer s56.90 7^
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Undereround Sewer & Water
$5e.96 7A 3C
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Power Equipm ent Ooerators- Batch Plant Operator,
Concrete
7A 3CPower Equipment Operators-
Underqround Sewer & Water
Bobcat s56. e0
s56.90 7A 3CPower EquiÞment Operators-
Underqround Sewer & Water
Brokk - Remote Demolition
Equipment
s56.e0 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Brooms
3CBump Cutter s59.96 7APower Equipment Operators-
Underqround Sewer & Water
s60.4e 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Cabteways
7A 3CChippers59.96Power Equipment Operators-
Underqround Sewer & Water
3CCompressor556.e0 7APower EquiÞment Operators-
Underqround Sewer & Water
7A 3CConcrete Pump: Truck Mount
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42M
s60.4ePower Equipment Operators-
Underqround Sewer & Water
ss6.90 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Concrete Finish Machine -taser
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3Cs5e.49 7APower Equipment OÞerators-
Undereround Sewer & Water
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3C$59.e6 7APower Equipment 0perators-
Underqround Sewer & Water
Concrete Pump: Truck Mount
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42m
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to boom
Page 11 of18
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Cranes: 20 Tons Through 44
Tons With Attachments
s5e.e6 7A
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Underqround Sewer & Water
Cranes: 100 Tons Through 199
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s61 .1 0
3CPower Equipment Operators-
Underqround Sewer &, Water
Cranes: 200 tons- 299 tons, or
250' of boom inctuding jib
with attachments
561.72 7A
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300' of boom including jib
with attachments
s62.33 7A 3CPower Equipment Operators-
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7A 3CPower EquiÞment Operators-
Underqround Sewer & Water
Cranes: 45 Tons Through 99
Tons, Under 150'Of Boom
(inctuding Jib With
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s60.4e
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Underqround Sewer & Water
Cranes: A-frame - 10 Tons And
Under
s5ó.e0 7A 3C
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561.72 7A 3CPower Ëquipment Operators-
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s59.49 7A 3C
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Power Equipment Ooerators- Crusher 55e. eó
Power Equipment Operators-
Underqround Sewer & Water
Deck Engineer/deck Winches
(power)
s59.96 7A 3C
Power Equipment Operators-
Underqround Sewer &' Water
Derricks, On Building Work s60.4e 7A 3C
sse.49 7A 3CPower EquiÞment Operators-
Undereround Sewer & Water
Dozers D-9 & Under
3CPower Equipment Operators-
Underqround Sewer & Water
Drit[ Oilers: Auger Type, Truck
Or Crane Mount
s5e.4e 7A
Power Equipment Operators-
Underqround Sewer & Watef
Dritting Machine s61 .1 0 7A 3C
Power Equipment Operators-
Underqround Sewer & Water
Etevator And Man-lift:
Permanent And Shaft Type
s56.e0 7A 3C
Power Equipment Operators-
Underground Sewer &' Water
Finishing Machine, Bidwett
And Gamaco & Similar
Equipment
s59.96 7A 3C
Power Equipment Operators-
Underqround Sewer & Water
Forktift: 3000 Lbs And Over
With Attachments
s5e.4e 7A 3C
Power Equipment Operators-
Underground Sewer & Water
Forktifts: Under 3000 Lbs
With Attachments
s56.90 7A 3C
Power Equipment Operators-
Underqround Sewer & Water
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s59.9ó 7A 3C
Power Equipment Operators
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55e.4e 7A 3C
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561 .1 0 7A 3CPower Equipment Operators-
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s60.4e 7A 3CPower Equipment Operators-
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560.4e 7A 3CPower Equipment Operators-
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Underqround Sewer & Water
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Tunnel Dritt, Boring, Road
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Page 13 of 18
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560.4e 7A 3C
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Underqround Sewer & Water
Page 14 of 18
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s61 .1 0 7A 3C
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Underqround Sewer & Water
Power Eouioment Operators-Shovel, Excavator, Backhoes
Over 90 Metric Tons
Power Equipment OÞerators-
Undereround Sewer & Water
Stipform Pavers 560.4e 7A 3C
Power Equipment Operators-
Undereround Sewer & Water
Spreader, Topsider &
Screedman
560.49 7A 3C
Power Equipment Operators-
Underqround Sewer & Water
Subgrader Trimmer 5se.e6 7A 3C
Power Equipment Operators-
Underqround Sewer & Water
Tower Bucket Etevators 55e.49 7A 3C
3CPower Equipment Operators
Underqround Sewer & Water
Tower Crane Up To 175' ln
Height Base To Boom
s61 .1 0 7A
Power Equipment Operators-
Underqround Sewer &, Water
Tower Crane: over 175'
through 250' in height, base
to boom
561.72 7A 3C
562.33 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Tower Cranes: over 250' in
height from base to boom
7A 3CPower Equipment Operators-
Undergrsu! d Sewer&l{aler
Transporters, Atl Track Or
Truck Type
560.4e
3CPower EquiÞment Operators-
Undereround Sewer & Water
Trenching Machines s5e.49 7A
s5e.e6 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Truck Crane Oiler/driver - 100
Tons And Over
s59.4e 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Truck Crane Oiter/driver
Under 100 Tons
3CPower Equipment Operators-
Underqround Sewer & Water
Truck Mount Portabte
Conveyor
s5e.96 7A
s60.4e 7A 3CPower Equipment Operators-
Underqround Sewer &' Water
Wetder
ss6.e0 7A 3CPower Equipment Operators-
Underqround Sewer & Water
Wheel Tractors, Farmat[ Type
Yo Yo Pay Dozer 5se.e6 7A 3CPower Equipment Operators-
Underqround Sewer & Water
54e.96 5A 4APower Line Clearance Tree
Trimmers
Journey Level ln Charge
5A 4APower Line Clearance Tree
Trimmers
Spray Person 547.37
4ATree Equipment Operator 549.e6 5APower Line Ctearance Tree
Trimmers
544.57 5A 4A
Trimmers
Power Line Cl earance Tree Tree Trimmer
5A 4APower Line Clearance Tree
Trimmers
Tree Trimmer G roundperson s33.60
s7e.s1 6Z 1GRefriqeration & Air
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Journey Level
s57.32 5A 1MResidentiat Brick Mason Journey Level
s45.0s 5D 4CResidentiat Carpenters Journey Level
4UJourney Level s60.07 7AResidentiaI Cement Masons
Page 15 of 18
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50 Metric Tons To 90
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Page 16 of 18
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5A 20ResidentiaI Etectricians Journey Level s37.26
s42.05 7L 1HResidentiaI Glaziers Journey Level
Journey Level s4s.05 5D 4CResidential lnsutation
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1HResidentiaI Laborers Journey Level s3ó.ó8 7A
5A 1MResidential Marb[e Setters Journey Level s57.32
s42.50 6Z 28ResidentiaI Painters Journey Level
5A 1GResidentiat Plumbers &
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Journey Level 5s1.37 5A 1GResidentiaI Refrieeration & Air
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ss0.01 7F 1RResidentiaI Sheet Metal
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Journey Levet (Fietd or Shop)
Journey Level 54e.43 5A 3JResidentiaI Soft Ftoor Lavers
s46.58 5C 2RResidentiaI Sprinkter Fitters
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Journey Level
ResidentiaI Stone Masons Journey Level 557.32 5A 1M
1MResidentiaI T er razzo Workers Journey Level 552.61 5A
Journey Level 543.44 5A 1BResidentiaI TerrazzolTite
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ResidentiaI Tite Setters Journey Level ss2.61 5A 1M
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Sheet Metal Workers Journey Level (Fietd or Shop)s82.51 7F 1E
Shipbuitdine & Ship Repair New Construction Boilermaker s3ó.3ó 7V 1
Shipbuitdine & Ship Repair New Construction Carpenter s3ó.36 7V 1
Shìpbuitdinq & Ship Repair New Construction Crane
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Shipbuitdine & Shíp Repair New Construction Etectrician 536.36 7V !
Shipbuitdins & Ship Repair New Construction Heat &
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Shipbuitdine & Ship Repair New Construction Laborer 536.3ó 7V 1
7V 1Shipbuitdine & Ship Repair New Construction Machinist s3ó.36
Shipbuitdine & Ship Repair New Construction Operating
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Shipbuildine & Sbip Repair New Construction Painter s3ó.36 7V 1
Shipbuitdine & Ship Repair New Construction Pipefitter s36.36 7V 1
Shipbuitdine & Ship Repair New Construction Rigger s36.36 7V 1
Shipbujldine & Ship Repair New Construction Sheet Metal s36.36 7V 1
Shipbui[dinq & Ship Repair New Construction Shipfitter 536.36 7V 1
Shipbuitdine & Ship Repair New Construction
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Shipbuitdine & Ship Repair New Construction Welder /
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Page 17 of 18
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544,06 7Y 4KShipbuitdine & Ship Repair Ship Repair Crane Operator
Shipbuitding & Ship Repair Ship Repair Electrician 544.e5 7X 4J
573.58 5J 4HShipbuitdine & Ship Repair Ship Repair Heat & Frost
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Shipbuitdinq & Ship Repair Ship Repair Laborer 544.95 7X 4J
7X 4JShipbuitdine & Ship Repair Ship Repair Machinist 544.e5
544.06 7Y 4KShipbuitdinq & Ship Repair Ship Repair Operating
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4JShipbuitdine & Ship Repair Ship Repair Painter s44.es 7X
s44.95 7X 4JShipbuitdinq & Ship Repair Ship Repair Pipefitter
544.es 7X 4JShipbuitdine & Shio Reoair Ship Repair Rigger
Ship Repair Sheet Metal s44.95 7X 4JShipbuitdine & Ship Repair
4JShipbuit¿lne e Ship Ship Repair Shipwright 544.e5 7X
544.06 7Y 4KShipbuitdinq& Shio Reoair Ship Repair Warehouse /
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Sien Makers & lnstallers Journey Level 54e.70
Journey Levet 3 1 52s a 1Siqn Makers & lnstalters {Non-
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5A 3JSoft Floor Lavers Journey Level s4e,43
s12.44 tSotar Controls For Windows Journey Level
s77.39 5C 1XSprinkler Fitters {Fìre
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513.23 1Journey LevelStaee Riqeine Mechanics (Non
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s57.32 5A 1MStone Masons Journey Level
!Journey Level 51e.0eStreet And Parkinq Lot
Sweeper Workers
55e.49 7A 3CSurvevorsAssistant Construction Site
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7A 3CChainmans58.93Survevors
s60.4e 7A 3CSurveyorsConstruction Site Surveyor
1Es48.06 7ETetecommunication
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Journey Level
541.22 5A 28Teleohone Line Construction -
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s23.12 5A 28Hole Digger/Ground PersonTelephone Line Construction -
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28s39. s3 5ATelephone Line Construction -
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lnstatler (Repairer)
541.22 5A ZB
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540.41 5A ZBSpeciat Apparatus lnstalter llTelephone Line Construction -
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5A 28Tetephone Equipment
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Tetephone Lineperson
521,e2 5A 28Tetephone Line Construction -
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Tetevision Groundperson
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s34.68 5A 28Tetephone Line Construction -
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Tetevision System Technician
Tetevision Technician s31 .1 B 5A 28Telephone Line Construction -
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s38.3ó 5A 28Telephone Line Construction -
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Tree Trimmer
Journey Level 552.ó1 5A 1MÍerrazzo Workers
1MJourney Level ss2.61 5ATite Setters
543.44 5A 1BTite, Marbte & Terrazzo
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Journey Level s45.53 7A 1KTraffic Control Stripers
5s4.30 5D 3ATruck Drivers Asphatt Mix Over 16 Yards
Asphatt Mix To 16 Yards s53.46 5D 3ATruck Drivers
3ATruck Drivers Dump Truck s53.46 5D
554.30 5D 3ATruck Drivers Dump Truck & Traiter
Other Trucks s54.30 5D 3ATruck Drivers
4rTruck Drivers - Readv Mix Booster 9 Yards and Over s52.78 5A
Non-Booster Loads Under 9
Cubic Yards
552.53 5A 4rTruck Drivers - Ready Mix
517.71 IWet[ Dri[ers & lrrì&rtion Pump
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1Wett Dri[ers & lrrieation Pump
lnstatters
Oiler 512.e7
Tet one L e lephone Equipment
Page 18 of 18
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EXHIBIT A
Proposal of /u .¿_14
(hereinafter called the "Bidder"), organized
sEcTroN 004000
BID PROPOSAL
Kent Facility Modular Building
s
under the laws of the State of Washington and On ûon orJ
doins business as* - C orþôr"l )oA
(*lnsert "a corporaTion", "a partnership", or "an individual")
To the OWNER (City of Kent):
In compliance with your invitation to Bid, the Bidder hereby proposes to fumish all labor and materials
specified herein neceisary for and inciclental to the completion of the work in strict accordance with the
ConÍact Documents, within the time set forth herein, and at the lump sum price stated below (not
including WSST).
WITHDRAWAL OF BID: No bidcter may withdraw his/her bid fbr a period of sixty (60) calendar
days after the day ofbid opening,
TIME OF COMPLETION: The work of this contract shall commence from the Notice to Proceed
ancl thc work specifiecl in Lurrrp Surn Bnse llicl shall be suþstantially completed witl*n¡e¡¡er¡'g¡.five
( P€r 8tu1^ l
STATtr SALES TAX: The undersigned agrees that the above named Lump Sum and does not
include Washington State and local sales taxes (WSST). WSST will be paid to the Conhactor with
each pay application.
OVERHEAD AND PROFIT: The undersigned âgrees that the above Bids do include overiread,
profit, and all other expenses involved,
COMMENCEMENT OF WORK: The bidder hereby agrees to commence work under this
contract within {ìve (5) calendar days after the Notice 1o Proceed and to fully complete the work
within the time established in paragraph C of this proposal.
LIQUIDATED DAMA,GESI Tl attc$'dnnrages the sum as
.8-Müt I {ro11 '.clnilcBID SIICURITY: Bid security is rtot requi
will be required of the successful bidder,
for this project. A Performance and Payrnent bond
B.
C.
D.
E.
F,
G.
H.
Bid Proposal
LUMP SUM BASE BID¡
The manufacture, delivery, and installation of a modular building and associated appufienances as
shown on the drawings and as specified in this project manual for the lump sum price (which does not
lrv o
(Atnount in
A.
tÅ $213 2.6
include Washington State Sales Taxes (WSST))
(Amount in numbers)
5Cv llpø,"l
004000-l
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Exhibit A
ADDRESS: Notice of acceptancc of this bid or request for additional information shall be addressed
to the undersigned at the address stated below,
SELECTION CRITERIA:
This bid is being made in accordance with the Owner's procedutes and shall be evaluated as follows:
Responsiveness,
The Owner will consider all material submitted by the contractor to determine whether the
Contractor's proposal is in compliance with the invitation to bid,
Responsibility,
The Owner will consider all material submittecl by the contractor, and other evidence it may obtain
otherwise, to determine whether the contractor is capable of and has a history of successfully
completing conüacts of this type, The following elements may be given consideration by the Owner
in determining whether a contractor is a responsible contractor: a) The ability, capacity and skill of
tire contractor to perform the contract and/or provide the service required; b) The chatactel, integrity,
reputation, judgment, experience and efficiency of the biclder; c) Whether the contractor can perfonn
the contract and do so within the time specified; d) the quality of performance by the contractor on
previous and similar contracts; e) The previous and existing compliance by the bidder with laws
ielating to the contract or services; and f) such other inforrnation as may be secured having bearing
on the decision to award the contracts, When requested by the Ownet', contractor$ shall furnish
acceptable evidence of the contractor's ability to perform, such as firm commitments by
subcontractors, equipment, supplics and facilities, and the contractor's ability to obtain the necessary
personnel. Refusal to provide such information upon request may cause the bid to be rejected,
3. Lowest Bid; The lowest bid
SIGNATURE: By signing this Bid Proposal, the unciersigned biclder agrees to subtnit all insurance
documents, performance bonds, and signed contracts within ten (10) calendar clays after City awards
the Contract and be bound by all terms, requirements and representations listed in the bid clocuments
whether set forth by the City or by the Bidder,
The Bidder acknowledges the receipt of Addenda to the contract documents as follows
Addctdg$No. Date of receipt and ackttowledgment
1
2
K
2
4
Bid Proposal 004000-2
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Exhibit A
Io rZ¡t {+r4 J3u;ld¡"s J'r^,t/h'ar,/
Bid Date
q
Address I
t'löl b Pq,+{ \uo,/dll* efr
Submitted By (Sigpature)
R¡"qml{
Submitted By (Printed Name)
ß /-'q^.4,S,Aanq tttoo-6tr2. Iq>z
Telephone Number
FaxNumber
71 szr
Address 2
Title
r 'nd I rnd¿r4 bo,fJ.-s , (ont
END OT'BID PROPOSAL
E-mail
I
Bid Proposal 004000-3
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EXHIBIT A
CITY OF KENT
KING COUNTY, WASHINGTON
Request for Bids
Kent Shop Facillty Modular Bullding
BIDS ACCEPTEÐ UNTIL
October 2nd, 2018
2:00 p.m,
Bid Opening Immediately Following
AT
C]TY OF KENT
CENTENNIAL CENTER BUILDING
Facilities office, 400 West Gowe, Sulte 106, Kent, WA 98032
Nate Harper
Project Coordinator
KEN T
WAåHINôTON
j
I
BIDDER'S NAME
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Exhibit A
ÐMSTON 0
Cover
Table of Contents
Invilation to Bicl
Information for Bidders
Statement of Bidder's Qualifi cations
Biclclers Checklist
Bid Proposal Fonn
Non Collusion and Minimum Wage Form
Equal OpportunitY PoiicY Form
Contractor's Compl iance Statement
Insuran ce Req ui rements for Constrlrcti on Proj ects
Agreement
Perfbrmance Boncl Forrl
General Conditions
State Prevailing Wage Rates for King County
pwrsloN 1
Srrmmary
Closeout Procedures
Operations and Maintenance Data
DIVISION 13
Modular Building Systems
prvrsloN 32
Chain Link Fencing & Gates
DIVISION 33
Site Utilities
sEcrIoN 000100
TÄBLE OF CONTENTS
END OF SECTION
0001 00
00r000
002000
002 r 00
002200
004000
004500
004600
0046s0
004980
00s000
006000
00?000
009000
011000
0 1 ?700
017820
r 3341 9
323114
334100
Table of Contents 000100 - 1
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Exhibit A
INVITATION TO BID
Notice is hereby given that the Clty of Kent, Washington, will receive sealed bids at the
City of Kent Facilities Office at Centennial Center Bullding,400 West Gowe #L06, Kent,
Washington 98032, through October 2t Z.ALB up to 2:00 p.m, as shown on the clock in
the Facilities Office. The Centennial Center Building is located immediately east of Kent
City Hall. All bids must be properly marked and sealed in accordance with this
"Invitation to Bid." Bids must be delivered and received at the Facility Office by the
above-stated time, regardless of delivery method, including U.S. Mail. All bids will be
opened and read publicly aloud immediately following for the City of Kent project named
as follows:
Kent Shop Facility Modular Building
Contractor shall prepare the site and install a manufactured modular building(s) similar
to the configuration shown on the drawings and descríbed in the specifications, The
contractor must supply a stamped engineered set of modular building drawings to the
Kent Building Dept for permit. Contractor to coordinate with PSE and provide trenching,
conduit, and piping for power and gas connections, Contractorto supply and install
fencing around building as shown.
Project estimate range is $140,000 to $150,000 plus Washington State Sales Tax, and
woik shall be complete in 90 calendar days from contract award, Bid documents may be
obtained by contacting David A. Clark Architects, PLLC, 253 35L-8877,
A pre-bid conference will begin at the Kent Shop Facilities, located at 5821 S.
240th St, Kent, WA, at 1O:00 a.m, on Tuesday, September 25,2018. While
attendance is not mandatory, it is strongly encouraged. If you cannot attend
the pre-bid conference and would like to do a site visit, you must contact the
project Coordinator Nate Harper, 253 856-5082 to schedule an appointment.
Rll b¡AOers must have visited the s¡te prior to submitting a bid.
Bids must be clearly marked "Bid" with the name of the project on the outside of the
envelope, addressed to the Clty of Kent Facilities Office,4A0 West Gowe.#106, Kent, WA
98032. ónly sealed bids will be accepted, No facsimiles or electronic submittals wlll be
consid ered.
The City of Kent reserves the right to reject any and all bids on any or all schedules or
alternated or to waive any informalities in the bidding and shall determlne which bid or
bidders is the most respohsive, satisfactory, and responsible bidder and shall be the sole
judge thereof.
Bid Security is not required for this project, but a performance bond will be required of
the successful bidder, Bidders must submit with their initial bid a signed statement as to
whether they have previously performed work subject to the President's Executive Order
No,11246.
No bidder may withdraw his/her bid for a period of sixty (60) days after the day of bid
opening.
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Exhibit A
INFORMATION FOR BTDDERS
1, Bidders shall be qualified by ability, experience, financing, equipment, and
organization to do the work called for in the Contract Documents' The City reserves
thı right to take whatever action it deems necessary to asceftain the ability of the
giOO.i to perform the work satisfactorily. This action includes the City's review of
the qualification information in the bid documents, The City will use this qualification
data in its decision to determine whether the lowest responsive bidder is also
ieifonsiUte and able to perform the contract work. If the City determines thatthe
lowest bidder is not the lowest responsive and responsible bidder, the City reserves
its unqualified right to reject that bid and award the contract to the next lowest
bidder that the ð¡ty, ¡n iti soled judgment, determines is also responsible and able to
perform the contract work (the'ilowest responsive and responsible bidder"),
2. All blanks in the proposal forms must be appropriately filled in.
proposal must contain original signature pages, Facsimiles are not acceptable and
are considered non-responsive submittals,
3. All bids must be sealed and delivered in accordance with the "Invitation to Bid," Bids
must be received at the location designated in the invitation to bid by the stated
time, regardless of delivery method, including U'S' Mail.
4. The City also reserves the right to include or omit any or all schedules or alternates
of the iroposal and will award the contract to the lowest responsive, responsible
bidder based on the total bíd amount, including schedules or alternates selected by
the city.
A bidder who wished to claim error after the Bids have been opened and tabulated
shall submit a notarized affidavit signed by the Bidder, accompanied by original work
sheets used in the preparation of the Bid, requesting relief from the responsibilities
of Award, The affidavit shall describe the specific error(s) and certify that the work
sheets are the originals used in the preparation of the Bid.
The affidavit and the work sheets shall be submitted to the Architect no later than
5:00 p,m, on the first business day after Bid opening, or the claim will not be
considered, The Architect will review the certified work sheets to determine validity
of the claimed error, and make a recommendation to the City. If the Clty concurs in
the claim of error, the Bidder will be relieved of responsibility, and the Bid Deposit of
the Bidder will be returned,
Thereafter, at the discretion of the City, all Bids may be rejected or award made to
the next lowest responsive, responsible Bidder'
5. The form of contract that the successful bidder, as the Contractor, will be required to
execute, and the forms and the amount of surety bonds that it will be required to
furnish at the time of execution of the contract are included in the bid documents
and should be carefully examined. The contract and the Surety Bonds will be
executed in two (2) original counterparls.
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Exhibit A
Within 10 calendar days after the award date, the successful bidder shall
return the signed City prepared contract, insurance certification as required
by the contract, and a satisfactory bond as required by law. If the
successful bidder fails to provide these documents within the lo-day period,
the City ffiãy, at its sole discretion, reduce the time for completion of the
contract work by one calendar day for each calendar day after this 10-day
period that the successful bidder fails to provide all required documents.
Until the City executes a contract, no proposal shall bind the City nor shall any work
begin within the proJect limits or within City-furnished sites. The Contractor shall
bear all risks for any work begun outside such areas and for any materials ordered
before the contract is executed by the City,
No claim for delay shall be granted to the contractor due to his failure to
submit the required documents to the City ln accordance with thls schedule.
6, The "Payment and Performance Bond" is required and shall remain In force for one
year followlng the Kent City Council "Final Acceptance Date" of the project to ensure
defects are corrected during the one-year guarantee period in compliance with
WSDOT Section 1-05.10 (Guarantees), and the Performance Bond language of the
contract.
7. Any decision made by the City regarding the award and execution of the contract or
bid rejection shall be conclusive subject to the scope of judicial review permitted
under Washington State Law. Such review, if any, shall be timely filed in the
Superior Court of King County, located in Kent, Washíngton.
8, The Contractor shall include all costs of doing the work within the bid item prices. In
the contract plans, contract provisions, addenda, or any other part of the contract
require work that has no bid item price in the proposal form, the entire cost of labor
and material required to perform the work shall be incidental and included with the
bid item prices in the contract,
g. Refer to the insurance requirements in the project contract, which constitute the
Contractor's Insurance requirements for this project.
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Exhibit A
CONTRACTOR' S QUALIFICATION STATEMENT
(RCW 3e,04.3s0)
THE CITY WILL REVIEW THE CONTRACTOR'S A¿"SPONSE''g TO THIS FORM TO
DETERMINE WHETHER T'HE BIDDING CONTRACTOR /S JR.E"SPONSTS LE TO PERFORM
THE CONTRACT WORK, THIS FORM REQUIRES CRITERIA ESTABLTSHED BY STATE
LAW AS I|/ELL AS SAPPLEMENTAL CNTERIA ESTABLISHED BY THE CITY THAT ARE
APPLICAßLE TO THIS PUBLIC WORKS PROJECT,
THE BTÐDER SHOALD READ AND RESPOND TO THIS FORM CAREFULLY,
Indicia of contractor's responsibility inherently involve subjective determinatioÍìs as to the
.oi.,trurtor', ability to perform and complete the contract work responsibly and to the owner city's
satisfaction. The city i,o, un obligation and a cluty to its citizens and its taxpayers to adrninister its
budgets a¡d compleie its projectiin a businesslike manner. Accordingly, it has a duty to exercise
the iype of inquiry and discretion a business would conduct when selecting a cotrtractor who will be
responsible to perform the contract work'
The city's supplernental criteria are based, in large part, on the qualification statement form used by
the AmericaÅ'lnstitute of Architects. The city provides these criteria so as to provide the most
ob.iective framework possïble within which the city will make its decision regarding the tridder's
aUìtity to be responsible to pcrform the contract worl<. These criteria, taken together, will form the
basis'for the city's decisionihot u bidd"r is or is not responsible to perfbrm the contract work,
Any bidder may mal<e a fbrmal written request to the city to modify the critcria set forth in this
qualification statement, but that request may only be made within 48 hours of the date and time that
tire bidder first obtains the bid documents or three (3) business days prior to the scheduled bid
opening ciate, whichever crccurs frrst, if the city receives a modification request, it will consicler any
infbrmátion submitted in the requcst and will respond before the bid submittal deadline' If the
city's evaluation results in changed criteria, the city will issue an addenduln establishing the new or
modified criteria.
If the city dctermines that, based on the criteria established in this statement, a bidder is not
responsibie to perfbrm the contract worl<, the city will provide written notice of its determination
tlrai will inclucle the city's rsason for its clecision, The bidder has 24 hours lrom the time the city
delivers written notice to the biclcler that the bidder is not responsible to perform the contract worl<
to appeal the city's determination. No appeals will be received after the expiration of the 24 hour
appeal period, The city may cleliver this notice by hand delivery, email, facsimile, or regular mail,
In the event the city uses regular mail, the delivery will be clcemed complete three days after being
placed in rhe U,S. Mait. The bidder's right to appeal is limited to the single remedy of providing
ihe city with additional information to be considerecl befbre the oity issues a final cletermination.
Biclder acknowledges ancl understands that, as provided by RCW 39,04,350, no other appeal is
allowed and no other remedy of any l<incl or nature is available to the bidding contractor if the City
determines that the bidder is not resporlsible to perfortn the contract work,
If the bidder fails to lequest a modiÊrcation within the tìme allowed, or fails to appeal a
determination that the bidder is not responsible within the time allowed, the city will mal<e its
cletermination of bidder responsibility based on the information submitted,
Contractor's Qualifications Statement 002100 - 1
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Exhibit A
COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID, FAILURE TO PROPERLY
COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOAR BID
I.Í NON-.RE^SPONSIVE AND THEREFORE VOID,
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION
WITH AN ATTORNEY IS ENCOURAGAD WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
The undersigned certifies under oath that the information provided herein is true and sufficiently
complete so as not to be misleading,
SUBMITTED BY:
NAME:
ADDRESS:
PRINCIPAL OFFICE:
ADDRESS:
PHONË
FAX;
1.STATUTORY REQUIREMENTS
1.1 Provide a copy of your cefiifîcate of registration in compliance with chapter 18.27
RCW.
1.2 Provide your current state unified business identifier number.
Provide all applicable industrial insurance coverage for your employees working.in
Washington ãi required in Title 5i RCW, together with an employment security
departmint numbei as requirecl in Title 50 RCW, and a state excise tax registration
number as required in T'itle 82 RCW.
1.4 Provide a statement, signed by a person with authority to act and speak for yor-rr
company, that your company, including any subsidiary companies or affiliated
ro*þrni.r undei majority ownership or under control by the owners of the bidder's
company, are not and have not been in the past three (3) years, disqualifìed from
biclding on any public works contract under RCW 39.06,0 l0 or 39.12'065 (3),
2, ORGANIZATION
Z,l How many years has your organizationbeen in business as a Contractor?
Z,Z How many years has your organization been in business uncler its present business
name?
Contractor's Qualifications Statement 002100 - 2
1.3
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Exhibit A
2,2.1 Under what other or lbrmer names has your organization operated?
If yoLrr organizatiou is a corporation, answer the following:
2,4 If your organizatiotr is a partnership, answer the following:
2.4.1 Date of organizationl
2,4.2 'l'ype of partnership (if applicable):
2,4,3 Narne(s) of genelal partner(s):
2,5 If your organization is individually owned, answer the following:
2,3
3,1
3.2
2.3,1
2,3,2
2.3.3
2.3.4
2.3.5
2,3.6
2,5.1
2,5.2
Date of incorporation:
State of incorporation:
President's name:
Vice-president's name(s) :
Secretary's name:
Treasurôr's name:
Date of organization:
Name of owner:
2.6 If the form of your organization is other than those listed above, describe it and name
the principals:
3. LICENSING
List jurisdictions and trade categories in which your organizatïon is legally qualiflrecl
to do business, and indicate license numbers, if applicable.
List jurisdictions in which your organization's parlnership or trade name is filed.
4. EXPtrRIENCE
4,1 List the categories of work that your organization normally performs with its own
forces.
Claims and Suits, (lf the answer to any of the questìons below is yes, please attach
details,)
4,2.1 Has your organization ever failed to complete any work awarded to it?
4,2,2 Are there any judgments, claims, arbitration proceeclings or suits pending or
outstanding against your organization or its officers?
4,2,3 Has your organization filed any law suits or requestecl arbitration with regard
to construction contracts within the last fìve years?
4,3 Within the last five years, has any officer or principal of your olganization ever been
an offrcel or principal of another organization when it failed to complete a
construction contract? (lf the answor is yes, please attach details,)
Contractor's Qualifications Statement 002100 - 3
4.2
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Exhibit A
On a separate sheet, list major construction projects your organization has in
progress, giving the name of project, owner, architect or design engineer, contract
amount, percent complete and scheduled completion date.
4,4,1 State total worth of work in progress and uncler contract:
On a separate sheet, list the major projects your organization has completed in the
past five yeârs, giving the name of project, owner, architect or design engineer,
contract amount, date of completion and peroentage of the cost of the work
performed with your own forces.
4.5.1 State average annual amount oflconstruction work performed dr-rring the past
five years:
On a separate sheet, list the construction experience and present comrritments of the
key individuals of your organization.
4.7 On a separate sheet, list your major equipment.
5. REFERENCES
Tracle References:
Bank Ref'erences:
Surety:
5.3.1 Name of bonding company:
5.3,2 Name and address of agent:
4,4
4.5
4,6
5.1
5.2
5.3
6, FTNANCING
6.1 Financial Statement.
After bid opening, the City may require the following financial information from any
of the three appaient low bidders, If so required, the selected bidder(s) must respond
with this financial infon¡ation wìthin 24 hours of the City's request for that
information. The City's request for this information shall not be construed as an
award or as an intent to award the contract. A bidder's failure or refusalto provide
this information may result in rejection of that bidder's bid'
6.1.1 Attach a financial statement, preferably audited, including your organization's
latest balance sheet and income statement showing the following items:
Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes
receivable, accrued income, deposits, materials inventory and prepaid
expenses);
Net Fixecl Assets;
Contractor's Qualifìcations Statement 002r 00 - 4
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Exhibit A
Other Assets;
Current Liabiiities (e.g., accounts payable, notes payable, accrued expenses,
provision for income iaxes, advances, accrued salaries and accrued payroll
iaxes);Other Lirrbilities (e,g,, capital, capital stock, author'ized and
outstanding shares par values, earned surplus and retained earnings),
6,1,2, Name and address of firm preparing attached frnancial statement, and date
thereof:
6.1,3 Is the attached financial statement for the identical organization named on
page one?
6,1.q If not, explain the relationship and financial responsibility of the organization
whose frnancial statement is provided (e'g,, parent'subsidiary)'
Will the organization whose frnancial statement is attached act as guarantor of the
contract for construction?
SIGNATURE
7,1 Dated at this
--day
of
-,201-'
N¿me of Organization:
By:
Titlc:
6.2
1
Contractor's Qualifi cations Statement 0021 00 - 5
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Exhibit A
BIDDER'S CHECKLIST
The following checklist is a guideline to help the Contractor make sure all forms are
complete. The bidder's attention is especially called to the following forms. Failure to
execute these forms as required may result in rejection of any bid. Bidder's
Package should include the following:
_ Bid Document Cover Sheet fílled out with Bidder's Name
_ Contractor's Qualification Statement
Filled out and notarized
_ Bid Form
First line of bid form - filled in
Unit prices are correct and wrltten in words
_ Bid Form Signature Page
All Addenda acknowledged
Date, signed and addressed
_ Contractor Compliance Statement
Date
Have/have not acknowled g ment
Signature and address
-
Declaration - City of Kent Equal Employment Opportunity Policy
-
City of Kent Administrative Policy
Non-Col lusion Affidavit
Signed, dated and notarized
Note - Bid Security ís not required on this project.
The following forms are to be executed AFTERthe Contract ls awarded:
A) CONTRACT
This agreement to be executed by the succesgful bidder,.
B) PERFORMANCE BOND
To be executed by the successful bidder and thelr suretv comPanY.
The following form is to be executed AFTER the Contract is completed:
A) Ctly.oF I(ENT EqUAL EMPLOYMENT OPPORTUNITY COMPLIANqE STATEMENT- to be exécuted by the successful bidder AFTER COMPLETION of this contract'
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Exhibit A
sEcrIoN 004000
BID PROPOSAL
Kent Shop Facilify Modular Building
Proposal of . -
(t,,*ieinafte.grrna"'thelawsoftheStateofWaslringlonand
doing business as
*
(*lnsert "a corporation", "a pårtnefs hip", ot.''att individual")
'l'o the OWNER (CitY of l(ent):
In cornpliance with your Invitation to Bid, the Bicider hereby proposes to furnish all labor and materials
specifìci herein neceisary for and incitlenttrl ro rlrs cornpletion of the work in strict accordance with the
iontl'act Docuurents, within the time sct lortlt hel'ein, and at the lump sum price stated below (not
including WSST).
Ä,LUMP SUM BASE BID;
The manirfacture, delivery, ancl ínstallation of a moduiar builcling and associated appuftenances as
shown on the drawings and as specifred in this project manual for the lump sum price (which does not
inck¡de Washínglon State Sales'l'axes (WSST))
T)ollars $
(Amaunt in numbers)(Antor,mt in words)
B. \ilITHDRAWAL OF BIDI No biclder may withdraw his/her bicl for a period of sixty (60) calenclar
days after the day ofbid opening.
C. TIME OIt COMPLDTIONT The rvork of thís contract shall commence from the Notice to Proceecl
ancl the work specified in Lump Sum Base Bid shall be substantially completed within seventy'flrve
(75) calendar clays for all of the work.
D. STATtr SALES TAX: The undersigned agrees that the above named Lurnp Surn and does not
include Washington State and local sales taxes (WSST). WSST will be paid to the Contractor with
each pay application.
E. OVIRHEAD AND PROFITT The undersigned agrees that the above Bicls do include overhead,
profit, and all otlter expenses involvecl.
F. CCIMMINCEMENT OF WOlLKr T'he biclder hereby agress to commence work uncler tltis
contract within frve (5) calendar days after the Notice to Proceecl and to fully complete the worlt
wittrin the tirne establisheci in palagraph C of this proposal,
LIQUIDATED DAMAGES: The Bidder furlher agress to pay as lìqLridateclc1arnages the sum as
calculated in specification section 007000 General Conciitious, article 8,3,3,
BID SICURITYI Bid security is not required for this prcrject. A Perlormance and Payment bond
will be required of the successful bidder',
G.
H.
Bid Proposal 004000-1
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Exhibit A
I,
J.
ADDRESS: Notice of acceptance of this bid or request for additional information shall be addressed
to the undersigned at the address stated below.
SELDCTTON CRITERIA:
This bid is being macle in accordance with the Owner's procedures and slrall be evaluated as follows:
l. Responsiveness,
The Owner will consider all material submitted by the contractor to determine whether the
Contractor's proposal is in compliance with the invitation to bid,
2. Responsibility.
'i'he Owner will consider all material subrnitted by the contractor, and other evidence it rnay obtain
otherwise, to determine whether the contractor is capable of and has a history of successfully
completing contracts of this type, The following elements may be given consïderation by the Owner
in dètermiãing whether a contiactor is a responsible contractor: a) The ability, capacity and skill of
the oontractoito perform the contract and/or provide the service required; b) The character, integrity,
reputation, judgment, experieuce and efficiency of the bidder; c) Whetlier the contractor can perform
the contract and do so within the time speciiìed; d) the quality of perfotmance by the contractor on
previous and similar contracts; e) The previous and existing compliance by the bidder with laws
ielating to the contract or services; anO-Ð such other information as may be secured haying bearing
on theãecision to award the contracts. When requested by the Owner, contractors shall furnish
acceptable evidence of the contractor's ability to perfbrm, sttch as finn commitments by
subcontractors, equipment, supplies and facilities, and the contractorns ability to obtain the necessary
personnel. Refusat tı provideiuch information upon request may cause the bid to be rejected.
3, Lowest Bid: The lowest bid
SIGNATURE: By signilg this Bid Proposal, the undersigned bidder agrees to submit all insurance
documents, performanãe bãnds, and signed contacts within ten (10) calendar 9?Vt.uft:l City awatds
the Contraci and be bound by all terms, requirements and representations listed in the bid documents
whether set forth by the City or by the Bidder.
The Bidder acknowledges the receipt of Addenda to the contract documents as follows:
Addendum No. Date of receipt and acknowledgment
K
2.
J.
À
Bid Proposal 004000-2
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Exhibit A
Bid Date CompanyName
Address 1 Submitted By (Signature)
Address 2 Submitted By (Printed Name)
Telephone Number Title
Fax Number
END OT BID PROPOSAL
E-mailaddress
Bid Proposal 004000-3
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Exhibit A
City of Kent
Combined Affidavit & Certification Form:
Non-Collusion, Minimum Wage (Non-Federal Aid)
NCIN.COLLUSION AFFI DAVIT
Being first duly sworn, deposes and says, that he/she is the identical person who
submitted the foregoing proposal or bid, and that such bid is genuine and not sham
or collusive or made in the interest or on behalf of any person not therein named,
and further, that the deponent has not directly induced or solicited any other bidder
on the foregoing work equipment to put in a sham bid, or any other person or
corporation to refrain from bidding, and that deponent has not in any manner
sought by collusìon to secure to himself/herself or to any other person any
advantage over other bidder or bidders,
AND
MINIMUM WAGE AFFIDAVTT FORM
I, the undersigned, having duly sworn, deposed, say and certify that in connection
with the per-formance of the work of this project, I will pay each classification of
laborer, workman, or mechanlc employed in the performance of such work not less
than the prevailing rate of wage or not less than the minimum rate of wage as
specified in the principal contract; know the contents thereof and the substance as
set forth therein is true to my knowledge and belief'
FOR; NON.COLTUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT
NAME OF PROJECT
NAME OF BIDDER,S FIRM
SIGNATURE OF AUTHORIZED REPRESENT ATIVE OF BIDDER
Subscribed and sworn to before me the day of , 2A_
Notary Public in and for the State of Was
Residing in
hington
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Exhibit A
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity,
As such all contractors, subcontractors and suppliers who perform work with relation to this
Àft..runt shall .ompiy with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, iubcontractor or suppiier on this specific Agreement to adhere to. An affirmative
i.rponu" is required on all of thä'followirrg questions for this Agreement to be valid and binding.
lf jny contractor, subcontractor or suppliðr wlllfully misrepresents 'themselves with regard.to the
directives ougines, it will be considereA 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 questions are as follows:
1, I have read the attached Cìty of Kent administrative policy number 1.2,
Z, During the time of this Agreement I will not díscriminate 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 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. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above,
By signing below, I agree to fulfill the five requirements referenced above,
Dated this --.--
daY of ,24-.
By:
For:
Title:
Date:
EEO COMPLIANCE DOCUIVlENTS - 1
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Exhibit A
CITV OF KENT
ADMINTSTRATIVE POLTCY
NUMBER: T,2 EFFECTIVE DATE: January 1, 1998
SUBJECT:
POLICY:
Equal employment opportunity 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 910,000 or rnore within any given year, musttake the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
Z, Actively consider for promotion and advancement available minorltles and women,
Any contractor, subcontractor, consultant or supplier who willfully disregards t!" City's
noñdiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or terminatlon for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to.these
regulatións 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.
MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: APril 1, 1996
APPROVED BY Jim White, MaYor
ËEO COMPLIANCE DOCUMENTS. 2
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Exhibit A
CTTY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER CoMPLETION of this project by the contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as
ldate)
that was entered into on the-
between the flrm I represent and the City of Kent,
I declare that I complied fully with all of the requlrements and obligatlons as outlined in the City
of Kent Administrative pollcy 1,2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
Dated this
-
day of 20_.
By:
For:
Tltle:
Date:
EEO COMPLTANCE DOCUMENTS. 3
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Exhibit A
CONTRACTO R COMPLIANCE STATEM ENT
(President's Executive Order #LI246)
This statement relates to a proposed contract wíth the City of Kent named
Kent Shop Facility Modular Building
I am the undersigned bldder or prospective contractor, i represent that -
1, I _ have, have not participated in a previous contract or
subcontract subject to the President's Executive Order #tL246 (regarding
equal employment opportunity) or a preceding similar Executlve Order.
NAME OF BIDDER
Signature/Title
ADDRESS
(Note to Bidders: The information required in this Compliance Statement ls
informational onlY)
BY
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Exhibit A
EXHTBTT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
¡nsurãlce àgainst claims for injuries to persons or dama,ge to property which
¡1ãV ãrirã fiom or in connectioi with th'e performance of the work hereunder
by tne Contractor, their agents, representatives, employees or
subcontractors '
A. Minimum ScoPe of Insurance
Contractor shall obtaÌn insurance of the types described below:
1, Au,tomohile Liability insurance covering all owned, non-owned, hired.and_ffierageshallbewrittenonInsuranceServicesOffice
(ISO) form CA 00 01 or a substitute form providing equivalent liability
èoverage, If necessary, the policy shall be endorsed to provide
contractual liabilitY coverage.
Commercial G_g¡eral Liability insurance shall be written on ISO occurrence
form CG 00 0fãnd ihátl cover liability arising from premises, operations,
i ndependent contractors, prod ucts-co mpleted operations, person al i nj ury
and'advertising injury, and liability assumed under an insured contract,
The Commerciãl Genêîal Liability insurance shall be endorsed to provìde
the Aggregate Per Project Endoisement ISO form CG 25 03 11 85, There
shall 6e no endorsemént or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or
underground property damage, The City shall be_named as an insured
undei the Contiactor's Commercial General Liability insurance
policy with respect to the work performed for the City using ISO
ã¿ditional insuied endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage.
2, Worlcers'Compensation coverage as required by the Industrial Insurance
laws of the State of Washington,
3. Builders Ris.l< insurance covering interests of the City, the Contractor,
Subcontractors, and Sub-subcontractors in the work, Builders Risk
insurance shall be on a all-risk policy form and shall insure against the
perils of fire and extended coverage and physical loss or damage including
flood and earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. This Builders Risk insurance
covering the work will have a maximum deductíble of $5,000 for each
occurrence, which will be the responsibility of the Contractor. Higher
deductibles forflood and earthquake perils may be accepted by the City
upon written request by the Contractor and written acceptance by the
City. Any increased deductibles accepted by the City will remain the
responsibility of the Contractor. Builders Risk-insurance shall be
maintained until final acceptance of the work by the City.
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Exhibit A
EXHIBIT B (Continued)
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1, Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2, Commercial General Liability insurance shall be written with
lim¡ts no less than $2,000,000 each occurrence, $2,000,000
general aggregate and $2,000,000 products- completed
operations aggregate llmlt.
3. Builders Risk insurance shall be written in the amount of the
completed value of the project with no coinsurance
provisions,
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability, Cbmmercial General Liability and Builders
Risk insurance:
1. The Contractor's insurance coverage shall be primary lnsurance as
respèct the City. Any insurance, sêlf-insurance, or insurance pool
coverage maintained'by the City shall be excess of the Contractor's
insurance and shall not contribute with it'Z, The Contractor's lnsurance shall be endorsed to state that coverage
shall not be cancelled by either partY, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the CitY.
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from
anV ðiusà whatsoever to any tools, bontractor's, employee owned !ool,ll,.
máchinery, equipment, or motor vehicles owned or rented. by the Contractor,
ôr the Coñtraétor's agdnts, suppliers or contractors as well as to any
temporary structures, scaffolding and protective fences,
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of th.e
other, for damages caused by fire or other perils to the extend covered by
Builders Risk insurance or other property insurance obtained pursuant to the
insurance Requirements Section of this Contract or other property insurance
applicable to itre work, The policies shall provide such waivers by
endorsement or otherwise.
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Exhibit A
EXHIBIT B (Continued)
F. AcceptabilitY of Insurers
Insurance is to be placed with insurers with a currentA,M, Best rating of not
less than A:VIÏ,
G. Verification of Coverage
Contractor shall furnish the City with original certificates and a çopy.of the
ãmeÀãåiôry endorsements, incìudlng but not necessarlly lim,ited.to the,
àdditionat ii'rsured endorsement, evidencing the Automobile liability an0
Óommercial General Liability insurance of the Contractor before
;ı;mãr¿ãméñt of tne worli, Before any exposure to loss may occur, the,.
Contractor shall file with the Clty a copy of the Builders Risk ínsurance pol¡cy
thrt-ìñ;hdei ãti âpplicable conditlons,'éxclusions, definitions, terms and
endorsements related to this project.
H. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnÌsh separate certificates and endorsements for each subcontractor,
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor'
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Exhibit A
KENT
PUBLIC WORKS AGREEMENT
between City of Kent and
IInsert Contractor's Company Name]
THISAGREEMENT b macleby and between the City of Kent, aWashln$on muttlcipalcorpontlon
(lrere inafter tlre "Clty") , arcl [I nsri Crntracto r's Co, Name], organlzed und er the law s of he S tale of
Insert StateConrpany' fonned urder],located ard doing busirnss at IInsert Ccntractor'sAdd'ess, *rone
Number, and Contact Person], (herelnafter the "Contractor''),
AGREFMÊNT.
The partles agree as follows:
I. DESCRTPTION OF WORK.
Contractor shall perform the following servlces for the Clty ln accordance with the followlng
described plans and/or speciflcationsl
fInsert detailed descrlptlon of services contractor ls provldlng, Be as detalled as posslble'
io, may attach an exhlbtt so long as the exhlblt is ciearly referenced and ldentlfled by tltle
and datel,
Contractor further represents that the services furnlshed under thls Agreement wlll be performed in
accordance wittr qenÀrially accepted professlonal practices wlthin the Puget Sound reglon ln effect at the
tlme such servlces are Performed,
II. TIME OF OMPLETIcr{. The parties agreethal work wlll begin or the tasks desct'lbed in
sætion I d¡ove lmnleclhtely upon execuuån of this Agreement, LÞon the effectlve date of [trls
AE.eemen t, co¡tractor *rall 'com¡r lde the work clescrl uú tn sectlon I IEn ter elther "wlthln" or 'by"
dçendlng m cleadllne In next form fptOl [inser^t elth er a date speclflc or enter # of days, weeks, months,
years, etc,],
III. COMpENSATION. The Clty shall pay the contractor a total amount not to exceed IInsert
maxlmum dollar amou nf to be pald for éervices - You may type out the dollar amount and enter lhe
numerlcal dollaramount ln parentheses or you may Just enter the numerlcal dollar amountl, includlng any
applhable Washhgto n Statä Sales Tax, fol tne wóri< anA servlces contemplated ln thls Agreement' The
contactor shall lnuolce-itre ctty monthlv, ir'e clty wlll pay for the portion of the work described in the
tnvoice that has Ueen lompleted by the'Contractoi and apþroved by the Clty, The Clty's payment shall
nol constitute a waiver of the Clty's right to final inspectlon and acceptance of lhe proJect'
A, lla-y-n:-e-u[-a¡-d-Eeda.mo.nceå4rut, Pursuant to Chapter 39'08 RCW' the ConLractor'
;lüllî¡orlde th. City a tlryment and performance bond for the full contractatnou nt,
B, t-{q[alrÌ0g-e, The Clty shall hold back a retalnage in the amount of flve percent (5%)
of anVãñ¿ all payments made to contmcto r for a perlod of slxty (60) days after the
date of final æceptance/ or untll recelpt of all ræcessary releases from the State
òepartment of Revenue, the State Department of Labor & inclustries, and the State
PUBLIC WORKS AGREEMENT . 1
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Employment securlty De¡lartment, and untll settlement of any liens filed under
ıf,äptér 60,28 RcW, whtihever is later, The amount retained shall be placed ln a
fund by the Ctty purruunl to RCW 60,28,011(4)(a), lnless otherwise lnstructed by
the Contractor wlthin iðrit.en (14) calendar àáys'of Contractor's slgnature on the
Agreement,c
fff{fi:å:.x".ï*rj*ltirïäï:ilnÏ]}Jïx
requlrements ol'thls Ãgràe;ent; and exlra work ancl materlals furnished without lhe
Clly's Wrltt.n upprovui, lf Contractor ls unable, for any reason' to satlsfactorlly
complete any portlon of the work, the City nray complete tlte work l¡y con[ract or
otherwise, and Contractor shall be liable lo'the ótty foi'arry addltional cos[s lncurred
úV if't. ðüV, "Addllional costs" shall mean all reasonable costs, lncludlng legal costs
and attorney fees, lncurred by the City bàyond lhe nraximunr Contract prlce specified
above, The City further róseru"s its ríght lo cleduct the cost Lo complete the
Cãntiu.t work, incluiiñg.ny Addilional Cıs[s, I'rorn any and all anroltnts due or to
become due the Contractor'
D, t=irlEl paynleritr .walyqr oL Ç1 , THE CONTRACTOR'S
^CCEPTANCE
OF FINAL
pAyMENl (EXcLIJDING WlTl-lÈt¡lo nrrntNAGE) SH4L! CONSTITUTE A WAIVER oF
coNTRACToR's CLAiùS, rXcrpt THosE pREúIoUSLY AND PRoPERIY MADE AND
IDENTTFIED BY CONiRACTOR AS UNSEfiLED AT THE TIME FTNAL PAYMENT IS MADE
AND ACCEPTED,
IV. INDEPENÞENT CONTRACTOR, The parties lntend that an Indepenclent contractor-
Employer Relationshlp will be createcj by thls Agreement, By their execul.lon of thls Agreement, and in
ãà.brAãncc with Ch,51.08 RCW, tlre parites malce tlre followlng representatlons:
A, The Contractor has the ablllty to control and dlrect the perforrnance and detalls of its
work, the City belng i''tt.*tfá¿ only in the results obtained under this Agreement'
B, Tlre Contractor nlalntains and pays for lts own place of business from which
contractor,s servlces under thls Agreement will be perforrned.
C, The Contractor lras an establlshed and lndependent buslness that is ellgible l'or a
buslness deductlon for federal lncome iax purposes that exlsted before the City
retalnecl contractor's services and ls a servlce otlrer than that furnished by the ctty,
or the Contraclor ls engaged ln an lndependently establlshed trade, occupatlon'
órofàssion, or buslness oitñu same nature as that involved under this Agreement'
The contractor ls responslble for fillng as they become due all necesgary tax
documents wlth uppiöp':lutu federal uÉU siate agencles, includlng the Internal
Revenue Servlce and the state Department of Revenue'
The Contractor has registered its business and established an account wlth [he state
Oefartment of Revenrie and other state agencles as may. be required by Contractor's
Ousineis, and has obtalned a Unifled Bislness Identifier (UBI) number from the
State of Washington,
The Contractor has a valid conlractor registration pursuant to Ch' 18'27 RCW or an
electrlcal contractor llcense pursuant to Ch' 19,28 RCW'
ïhe Contractor malntalns a set of books dedicated to the expenses and earnlngs of
Exhibit A
Its business'
v. TÉRMINATION. The Clty may termlnate thls Agreement for good cause, "Good cause"
shall lnclude, without llmltatlon, any one or more of the iollowlng eventsl
D
E
F
\r
PUBLIC WORKS AGREEMENT . 2
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A,
B.
Exhibit A
The Contractor's relusal or fallure to supply a sufflclent number of properly skllled
workers 0r proper materlals for completlon of tlre Contracl work,
The Contrac¡or's fallure to complete the work wllhln the tlme speclfied ln this
Agreement,
The Contractor's fallure to make full and prompt payment to subcontractors or for
materlal or labor.
The Contractor's
reg ulatlons.
perslstent dlsregard of federal, state or local laws, rules or
The Contractor's fllirlg for bankruptcy or becoming adjudged bankrupt'
The Contractor's breach of any port¡on of lhis Agreement,
c
D
E
F
Il the Clty termlnates thls Agreement for good cause, the Contractor. shall not recelve any further
money due undér this Agreement u-rrHl the contrãct work is completed. After termlnatlon, the clty ntay
take possesston of all reðords and data wlthln the ConLraclor's possesslon pertaining to thls proJect whlch
may be used by the Clty wlthout restrlction,
vI. PREVAILING WAGES. Contractor shall file a "statement of lntent to Pay Prevailing
Wages,,, with the State of Washlngton Department of Labor & Inclustrles prlor to commencing the Contract
work, Contractor shall pay preuãtltng wages ln effect on the date the bid ls acce¡rted or executed by
contractor, ano compty 'wt'Hl' cnaptei ¡g.iz of the Revlsed code of washlngton, as well as any other
appllcable prevalltng wage rate provlslons, The latest prevalllng wage rate revlslon lssued by the
Deparlment oF Lal¡or and Industries ls attached.
vII. CHANGES. The CIty may ISSUe a wrlüen change order for any change ln the contract work
Jurlng the performance of this Agreernent, If the contractoi' determlnes, for any reason, th.at a,change
order ls necessary, Contractor must submlt a wrltten change order reque.st.to the person llsted ln the
nollce provtslon secilon of thls ngreemenl, Áuitton xv(D), *ithin fourteen (14) calendar days of the date
Contracior knew or should have known of the facts and events glvlng rlse to the requested change' If the
city determlnes that $re change lncreaies or decreases lhe cónt|actor's costs or [ime for performance'
the Clty wlll mal<e an equltable adJustmånt. ff,u Clty wlll atiempt, in good falth., to reach agreement wlth
the contractor on "rj *quit"r¡re a,íjustmánis, Howeïer, rr $re þártreðare.unable to agree, the city will
delermlne the equltaSle adjustment as rt deems appioprlate, The contractor shall proceecl with the
clrange orcler work upon receivlng either a wrltten cirange order fronr the Clty or an oral order from the
city before actuaily recetvlng the wrtLteÁ ãrränge ãr¿er, "If the contractor falls io requlre a change orcler
wlthtn bhe Hme speclfled ln ilils paragraph, the Contractor walves tis rlght to make any clalm or submlt
subsequent cSange order requests for ttrãt'pôrtion of the .onir".t work'- If the conlractor dlsagrees with
ilre equiLable aclJuslment, the contractor *lit .orplete the change order wglk; however, the contractor
rnay elect to protesi tne ád¡ustmen[ as frouio.o rn iubsecttons A tñrough E of secblon VIII, claims, below'
The contractor accepts all requlrements of a change orcler byl (1) enclorsing lL, (2) writlng a
separate accepLance, or (3) not protesiinô- In H"'. .wa.y thìs sectlon þrovÌdes, A change order that ls
accepted by contractor as provldecl ln thls ãecilon shall'constltute full þayrnent and flnal settlenrent ol all
clainrs for conlracl gme and for dlrect, lndlrect and consequential costs, lncludlng costs of delays relatecl
to any work, either covered or affected by the change'
VIII. CLAIMS, If the contractor disagrees with arrything requrlrecl by a change ordor, another
wrltLen order, or an oral order from the clti, includtng aìry c[rec[ion, lnstructlon, interpretation, or
cietermlnatlon lry tlre clty, the contractor may fítã a ctainr ãs prilvtdecl ln.this.section, The contractorshall
gtve wrltten nogce i" iü¿ ðiiv or àll .latms wtttrtn fourteen ir+) caleno-ar clays. ol' tlre occurrence of the
evenrs glvlng rtse to tne iturrr, or wlthtn fãurtÀen (14) calenclai days of the date the contractor lcnew or
;hould have known of Lhe facts or events gruing rtsä tå the clalm, whlchever occurs flrst . Any clalnr for
d;ñ;"r; ão¿tt¡onat payment for any *uãon, -or extenslon of tlme, whether under thls Agreement or
PUBLIC WORKS AGREEMENT . 3
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Exhibit A
otherwise, shall be concluslvely deemed to have been waived by the contractor unless a timely written
clalm is made in strict accordance with the applicable provlsions of thls Agreement,
At a minimum, a Conlractor's written claim shall lnclude the informatlon set forth ln subsecLions A,
items1through5below,
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.
Provide a signed wrltten notice of claìm that provides the followlngANc!ce__of_Çkrl¡1,
information I
B
1, The date of the Contractor's clalmi
2, The nature and clrcumstances that caused the cTaim;
3,TheprovislonslnthisAgreernentthatsupporttheclêim;4, The estimated dollar cost, lf any, of the clalmed work and how that estimate
was determlned; and
5. An analysls of the progress schedule showlng the schedule change or
disruption lf the Contractor ls assertlng a schedule change or disruptlon'
ßeculïl-å, 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 Clty shall have äccess to any of
the Contractor's records needed for evaluating lhe protest'
The City wlll evaluate all claims, provlded the procedures in this section are followed, If the
CitV ãeiermlnes that a clalm is valid, the City wlll adjust payment for work or time by an
uqúttuble adjustment, No adjustment wlll be made for an lnvalld protest'
Çp.r.LLracto-r's Duty*Lq-Çgûfp&Ic*grotes[qd-]&-Q-[.K, In splte of any claim, the Contractor shalÌ
ffi;ñã[er¡alsandservlcesrequlredbytheCityunder
this Ag reement,
Lðl.llue-Io-¿ral-qst-çel]åu&üsj¡-Vliìlw.l. By not protestlng as this sectlon provldes' the
Contractor also watves anyìit¿itionat enlltlement and accepts from the City any wrltten or
òral order (lncludlng dlrections, instructlons, lnterpretatlons, and determination)'
Inillrs-ta--EalþrLPL()csûx:e$-C;al1lu$tltl:-l&¡j.Vel. ßy falllrrg to follow the procedures of Lhis
G'.ti",.¡, th" CãñtraJror co-nrpletetV watves any clalms for protested work and accepls fromt
the Citi any written or oral ordér (lncludlng dlrections, lnstructions, interpretations, and
c
D
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determlnatlon).
IX, LIMITATION OF ACTIONS. CONTRACTOR MUST/ IN ANY EVENT, FILE ANY LAWSU]T
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHTN 120 CATENDAR DAYS FROM THE DATE
THE CONTRACT WORK I5 COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLATM OR SUIT SHALL BE
FOREVER BARRED, THIS SECTION FURTHER LIMITS ANY APPLICABTE STATUTORY LIMITATIONS PERIOD'
X. WARRANTY. Contractc,r warralrts tlrat lt wlll faithfully ancl sotisfaclorlly perform all work
pr.ovicleJ u¡rcler.t¡ls Agreement In accorclance wlth the provisìons of tlris Agreement. The Corltractor shall
þiån1piry correct all ci'efccts in worknrarrshlp and rnaterlals: (1) rvhen Contractor l<nows or shoulcl have
known ót' tne defec[, or (2) upon Contr'ðctor's receipt of notiflcation from the City of the existence or
tir.ov.ry of the defect, ln tne event any parts are repalrecl or replaced, only orlglnal replacement parts
shall be used-reSuilt or used parts wlll noi be acceptable, Wherr defects are corrected, the warranty for
inát portton of the work shall extend for an addliional year beyond the orlglrral warranty perlod appllcable
to the overall work, The Contractor shall begln to correct any defects withln seven (7) calendar clays of lts
receipt of notice from lhe Clty of the defect, If the Contractor does noL acconrplish the correctlons wilhln
PUBLIC WORKS ACREEMENT - 4
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Exhibit A
a reasonable time as determined by the City, the City rnay complete the correctlons and the Contractor
shall pay all costs lncurred by the Clty ln order to accompllsh the correctlon,
XI. DISCRIMINATION, In the hlrlng of em¡:loyees for the perforrnance of work under thls
,greement or any sub-contract, the Contractorf its sub-contractors, or ãny person actlng on behall of the
cóntractor or sub-conlractor sirall noi, by reason of race, religion, color, sex, ager sexLlal orientation,
Àational origin, or the presence of any sånsory, mentalr or physlcal dlsablllty, dlscrlmlnate agalnst any
p"tron who ls quallfied and avallable to perform the work to which the employment relates,
Contractor shall execute the attached Clty of Kent Equal Employment Opportunlty Pollcy
Declaragon, Comply wlth City Adminlstrablve Pollcy 1,2, and upon completlon of the contrôct work, flle the
attached Com pliance Statement,
xrr, TNDEMI{IFICATION. ContractCIr shall deferrd, lndemnify and hold the city, its offlcers'
ofl'iclals, enr¡:loyees, agents ancl volunteers lrarmless fronr any anrl all clalms, injurles, datnages, losses or
su¡ti, fÅctucling all leg"al costs ancl attorney fees, arlslng out ot' ol ln conrlecLlon wlth tlre Contractor's
þãi.rãr*un.. oî thls Agrccnrent, excopt ioiirrui p'ortton Jr tl'te tnJurles ancl damagcs causecl by tlte city's
neg llgence,
The Clty's lnspec¡on or acceptance of any of Contractor's work when completed shall not be
grounds to avold any of these covenants of indemnlflcatlon,
Should a court of competent jurlsdlctlon determine that lhls Agreemenl ls subject to RCW
4,24,Ltit then, ln ure event of llabllity for damages arislng out of bodlly lrrJury to persons or dama-ges to
prãperty caused Uy or rãsutHng frorn t'he concurrãnt negltgence of the Contrac[or and the Clly, lts offlcers'
offlcials, employees, agents ancl volunteeii, inu Contraltır's duty to defend, lndemnify, and hold tho City
harrnlèss, and contractor's llabilrtl,l acciùng fro'" that obllgatlon shall be only to lhe extenl of the
Contractor's neg I igence'
1T ÏS FURTI1ER SPECIFICALLY AND ËXPRESSLY UNDERSTOOD THAT THE INDÉMNTFICATION
PROVIDÉD HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INÈUsTßTAI'
-rllg!s.,[Nç8, TITLE 51 RCW, SOLEty FOR THE PURPOSES OF THIS iNDEMNIFiCATION, THE PARTIES
TTRTHE[ Áót<nowle ocr THAT THEY HAVE MUTUALLY NEGoTIATED THIs WAIVER'
In the event contractor refuses tender of defense ln any sult or any clainr, if that tender was. made
pursuarrt to this lndemniflcation clause, rno rr that refusal ls iubseqr,rently cletermlned by a court having
juriscliction (or otnrr àöru*rt trrtrunal) to have been a wrongl'rrl re'fusal oll, thc contraclor's parl, then
cclntractor s¡all pay all tlre city's costs roi oel'ense, tnctu¿tig all rcasonable cx¡:ert witness l'ees and
reasonable attorrreys,fees, plus ille crly's-i*gJiioril an,l iàei lncurrecl because tlrere was a wiongl'ul
refusal on the Contractor's Part,
The provlslons of this sectlon shall survlve the explratlon or termlnatlon of lhls Agreement'
XIII. INSURANCE. The contractor shall procure and malntain for the duration of the
Agreement, lnsurance ot the types and in ilrã amounts à*r.iloào ln Exhlbit IInsert Exhlblt #] altached and
lncorporated bY thls reference,
xrv. woRK PERFoRMED AT coNTRAcroR's RrsK, contractor shall lake all necessary
precautions ancl snaìt bu ¡..uponrlble for the safety of lts employees, age-nts,, and suScontractors in the
pertormance of ihe fontract work and slrall uillize all proteciton nå.esuuri for that purpose' All work shall
be clone at conLractor,s owtl rtst<, ano cortttr.tor ånatt ue responslble for any loss of or damage to
materials, tools, or other artlcles use¿ or held for use in connectlon with the work'
XV. MISCELLANEOUSPROVISTONS.
PUBLIC WORKS AGREEMENT ' 5
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Exhibit A
A, ReçyC¡Alile-I{ûtgde¡i, Pursuant to Chapter 3.80 of the Kent Clty Code, the Cliy requires lts
contractors and consultants to use recycled and recyclable products whenever practlcable, A prlce
preference nray be available for any deslgnated recycled product,
B, Non-Waluer gf Sreaçh, The fallure of the ClLy to lnslst upon strlct perforlrance of any of the
covenants anA agree'ne'lts contafñeO ln this Agreentent, or to exercise any optlorr conferred by, thls
Ãgr.enrent ln onı or nlore lnstances shall not lie construed to lre a waiver or rellnquishnrent of those
covenants, agreemenLs or optlons, ancJ the same shall be and remain in full force and effect,
c, Rr:s,g[rtiort o[-ÞlsÈtrtes-qncl Go-re-rrlh]g.l.aw, Thls Agreement shall be governed by and
construed ln accordance with the laws oftñu state'lr wastrington. lr *,e partles are unable to settle any
Uirprru, difference or claim arising from the partles' performance of this Agreement, the exclusive means
of resolving that dlsputà, dlfferenãe or ctuim,'snalt onty tle by flllng suit excluslvely under tlre venue, rules
and jurrisdiction of ilre l(ng county superloi court, Kihg county, washington, unless the partles agree ln
wrlting [o an alternative clispute résolulilon process, tnãny clairii or lawsult for damages arlsing from lhe
parges, performance ol'thls Agreemen[, ã.ih party strall páy all its legal costs ancj attorney's fees lncurrecl
in ¿eren¿lng or nringing suctr-clatm or'lawsuli, tnclucllng ali appeals, ln additlon to any other recovely or
award provided uy lãwi'r¡-evidgql, howevàr, noihing in täts paiagraph shall be construed to limit the ciLy's
righl to indemnification uncler Secllon XII of this Agreement'
D. lvrltterl N-Qltce, All cornmunicatlons regarcllng thts Agreement.shall be sent to tlre partles at
the adciresses tisteoãñltre stgnature page of the Rgieenreñt, unless notlfled to the contrary, Any wrllten
nogce hereuncler shall Secomé effective ilrree (¡) bislrress days after the date of maillng by reEisterecl or
ce'til,ied rnail, anct s¡all be deemed sufficlently giverr if sent to the addressee at tlie address stated ln thls
Agreement oi such other address as may be hereafler speclfled in wrltlng'
E. Ass¡çtnmertl. Any asslgnnrent of this Agreenrent by elther party without the written consent
of rhe non-arutgnÌãä"îäîy si.'uil u" üoia. If the non-ãsstgntng party gives ltsconsent to any asslgnment,
the terms of this Ãgieement shall conilnue ln full force-and' åfte* ãno no further asslgnment shall be
made without addltlonal wrltten consent'
F. .MffL[Lçðliglf, No walver, alteration, or modlflcatlon of any of the provislons of this
Agreement sna¡t-ñ-6lnCIn9 unless in writ¡ng and signed by a duly aulhorlzed representatlve of the clty
and Contracfor,
G, .r:¡üraÁgl.egxrg[1. The written provlsions and terms of this Agreement, together with any
Exhibits attached h;ñt shall supersede all piior verbal statements of any officer or other representatlve
ãf tr.,. òtty, and such státements shall not be effecilve or be construecl as enterinç¡ lnto or formlng a parl
of or alterlng ln any manner thls Agreement, All of the a[:ove documents ate hereby nrade -a
part of this
ÂgreemenL, Howeier, snoul¿ any-language in any of the Exhlblts to this Agreement confllct with any
lui.tguugà contained in itrts Agreement, fhe terms of thls Agreement shall prevall,
H, Ççirp.ti¡u.t*c-e--u/I¡*La!y:i, The Contractor agrees to comply wlth all fecleral, state, and
munlclpal laws, rules, ancl regulations that are now effãctive or ln the future become appllcable to
Contractor,s buslness, equipmãnt, and personnel engaged ln operatlons covered by thls Agreement or
accruing out of the perlormance of those operatlons'
I. p¡rþJiSßggAtdåÂç!. The Contractor acknowledges that the Clty ls a pr-rblic agency. subJect to
the public necoiOs nct codifiel tn chapter 42,56 of the Revlsed code of Washlngton and docunrents,
üotes, emails, ancl other recorcls prep.rred or gathered by the conlractor in lts performance of this
nãiãu*.nt nråy ue subject to publli review and ?isclosure, even lf those records are not procluced to or
pıssesse¿ by tlie CtLy o? t(ent, As such, the contractor agrees to cooperate fully wlth the ciLy ln satlsfylng
i:h* City's cluties and obllgatlons under the Public Records Act'
J, Çj--ty_ÐrnilrS,rE_tIECUUC_JþgljiIJr_Cl, Prlor to commerrcing the tasks descrlbed in Section I'
Contractor agrees r" p*ft,lt øoii of-a ãun'ãnt clty of Kent buslness llcense pursuant to Chapter 5'01 of
the Kent CitY Code'
PUBLIC WORKS AGREEMENT . 6
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Exhibit A
K, Çp-rfn-te.tp¡-flg._Aüd*Etgnaturqs bv Fax or Emalt, Thls Agreement may be executed ln any
number of counterparts, each of which shall constitute an orlglnal, and all of whlch wlll together constltute
his one Agreement, Further, upon executlng thls Agreemeni, elther party may dellver the slgnature page
,j the other by fax or emall and that signature shail have the same force and effect as lf the Agreenrent
bearing tlre original signature was received ln person,
IN WITNESS, the parties below execute this Agreement, whlch shall become effective on
the last date entered beiow, All acts conslstent with the authority of thls Agreement and prior
to its effectlve date are ratlfled and afflrmed, and the terms of the Agreement shall be deemed
to have applied.
NOTICES TO BE SENT TO:
CONTRACTOR:
IInsert Contact Name]
IInsert ComPanY Name]'insert Addressl
¡Address - Contlnuedl
Iinsert Telephone Number](telephone)
llnsert Fax Numberl(facslmlle)
CONTRACTOR:
Byi
(slgnature)
Prlnt Namel
(tiüe)
DATE:
CITY OF KENTI
By
(slgnature)
Print Name:Da Rel nh
llc
DATEI
NOTICES TO BE SENT TO:
CITY OF KENT:
[Insert Name of City Rep, to Receive Notlce]
) linsert Phone Numberl(telephone)
i ilnrert Fax Numberl(facslmlle)
Clty of Kent
220 Fourlh Avenue SouLh
Kent, WA 98032
( 2s3
(2s3
APPROVED AS TO FORM:
Kent Law DePartment
ATTESTI
Kent CitY Clerk
PUBLIC WORKS AGREEMÊNT' 7
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Exhibir A
BID DER RESPONSTBILITY CRITERIA
Certification of Compllance with Wage Payment Statutes
ThÌs certtficatlan ls required by state law (RCW 39,04,350(2)) to be submltted to the Clty
before the contract can be awarded,
The bidder hereby cerufles that, wlthin the three-year period immediately preceding the bid
solicitation date (Insert Date), the bidder is not a "wlllful" violator, as defined ln RCW 49'48'a82,
of any provision of chapters 49,46,49,48, or 49,52 RCW, as determined by a final and binding
citation and noilce of assessment issued by the Deparlment of Labor and Industries or through a
clvil judgment entered by a court of llmited or general Jurlsdictlon'
I certìfy under penalty of perjury under the laws of the state of washlngton that the foregolng ls
true and correct.
Insert Bidder's Business Name
Byr
5ígnature of Authorized Official*
Prlnted Name I
Title l .-
Clty and Sta[e:
xïf a corporation, proposal must be executed ln the corparate name by the president or vl-c-e-
pi:ui¡¿uit (or any otnti cotrporate offlcer accompanled by evidence of authority to sign). If a co-
partnershtp, propasal must be executed by a partner,
BTDDER RESPONSIBILTW CRITERIA . 1
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Exhibit A
KENT PAYMENT AND PERFORMANCE BOND
TO CITY OF KENT'À¡9,¡rrorox
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned,
as Principal, and
a Corp oration organized and existing under the laws of the State of Washington, as a
Surety Corporation, and qualified under the aws of the State of Washington to
become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are
jointly and severally he d and firmly bound to the CITY OF KENT in the Penal sum of $
together with any adjustmen ts, up or down, in the total contract
price because of changes in the co
demand we bind ourselves and ou
representatives, as the case may be.
ntract work,for the payment of whích sum on
r successors, heirs, administrators or personal
This obligation is entered into in pursuance of the statutes of the State of
Washington, and the Codes and Ordînances of the CITY OF KENT.
Nevertheless, the conditions of the above obligation are such that:
WHEREAS, under and pursuant to a motÎon, duly made, seconded and Passed
by the City Council of the City of Kent, King County, Washington,the Mayor of the
City of Ken t has let or is about to let to the above bounden P rlncipal, a certain
contract,the said contract providing for construction of
(which co ntract is referred to hereln and
is made a part hereof as though attached hereto), and
WHEREAS, the Principal has accepted, or is about to accept, the contract, and
undertake to perform the work therein provided for in the manner and within the time
set forth I
NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully
peform all the provislon's of said contract in the manner and within the time herein
!ãt fortf,, or within such extensions of time as may be granted under the said
ãontrãci, and shall pay all laborers, mechanics, subcontractors and material men, and
all p*rsåns wtro shaíl supply the Principal or subcontractors with provisions and
iJpiiti.r for rhe carrying ón ôf said work and shall indemnify and hold the clrY oF
KENT harmless from any damage or expense by reason of failure of performance as
speciried in said contraci or from defects appearing or developing in the material or
workmanship provided or performed under'said contract, then and in that event this
oUligation shal'l be void; but otherwise it shall be and remain in full force and effect'
IN WITNESS WHEREOF, thc
instrument under their separate seals.
above bounden parties have executed this
The name and corporate seal (if required by
PAYMENT AND PERFORMANCE BOND
Page 1 of 2
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Exhibit A
law) of each corporate party is hereto affixed and duly signed by its undersigned
representatives pursuant to authority of lts governlng body,
TWO WITNESSES:
PRINCIPAL (enter prlnclpal's name above)
DATE:
BY:
TITLE:
DATEI
CORPORATE SEAL:
PRINT NAME
DAÏEI
SURETY
CORPORATE SEAL:BYr
DATE:
ÏITLE:
ADDRESS:
CERTIFICATE AS TO CORPORATE SEAL
I hereby certify that I am the (Asslstant) Secretary of the Corporation named as
Principal in the within Bond; that
Who signed the said bond on behalf of the Principal
Of the sald Corporation; that I know hls signature t
Bond was duly slgned, sealed, and attested for and
authority of its governing body,
SECRETARY OR ASSISTANT SECRETARY
tr\Cls\Fôr¡r\Cdiïr.r¡, A.lr.r¡r\¡.dorñrn(.8o¡ddoc
PAYMENT AND PERFORMANCE BOND
Page 2 of 2
hereto ls genuine, and that said
in behalf of said Corporatlon by
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Exhibit A
sEcrroN 007000
GENERAL CONDITIONS
AIA Form A201, General Conditions to the Contract follows and comprises the General
Conditions, Section 00700, Should any of the articles or terms of the following document
conflict with section 00500, Seotion 00500 shall prevaïl'
END OF SECTION
I
ij
:
{
General Conditions 007000-l
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State of Washington
Depadment of Labor & lndustries
PrevaÍLing Wage Section' Tetephone 360'902'5335
P0 éox 4+S+0, O[YmPla, WA 98504'4540
Exhibit A
Page 1 of 18
rti
Washingto n State Prevailing Wage
The PREVAILING WAGES listed here i nctude both the hourtY wage r ate and the hourly rate
of frìng e benefits, 0n pubtic works projects, worker's wage and bene fit rates must add to
not tess than this totat. A brfef description of overtjme catcutation requirements are
provided on the Bene fit Code KeY,
Journey Level Prevailing Wage Rates for the Effective Date: 312812018
T ê Job C ificati w Hotid
Kin
Ki
KI
K
Kìng
Kin
King
King
Kin
King
Klng
King
Kín
KI
King
Klng
Kln
Ki
Kln
Kin
KI
Klng Diver's & l'ellt'let's
King
King
TH5Ds46.57Journey Level
5N5ó6.54Journey Levet
1M$55.82 5AJourney Level
1M5As55.82Pointer-Cautker'CleanerB
7F$23,73 55Janitor
ZF524,1 I 55TravetingIWaxer/5ham
2F527,23 5sWindow Cteaner (Non
Scaffold)
ßrritd inp. Servicq, EJ'nployt]g¡
5S rF$28, 1 3Window Cteaner (Scaffotd)E
1s2?.,74Journey LeveI
5D 4ç$57,1 IAcousticaI Worker
5D 4C557,1 8Bridge, Dock And Wharf
Carpenters
-(.a¡peltteI!
5A &s57.1 ICarpenter
4C$57,31 5DCarpenters on Starfonary Toots
4C$57.28 5DCreosoted MateriaI
5D 4ç.$57,1 8Ftoor Flnisher
4Cs57,18 5DFtoor Layer
4C$57,1 I 5DScaffotd Erector
7A 1M$s7.21Journey Levelt
Þs 4C51 1 0.54
Operator (Not Under Pressure
Betl /Vehfcte or SubmerslbteDivnrs fr '[erlclers
5D ¿iL572,97/MasterDive 5upervisor
4C$1 1 0.54 5DDivereï
5D 4C567.e7Diver 0n StandbY
4Cs61.ó5 5DDiver TenderDivers & TenderS
5D 4Cs61.65Manifotd Operator
4C$6ó.65 5DManlfold Operator Mixed GasDivers & Tenderl
lp.4C$61,ó5Remote Operated Vehicte
Operator/Technlclan
Divers [r Tenders
hitps ://fbrtress,wa, gov/lni/wagelo okup/prvWagelookup' aspx
$57.43 5A 4C
3128120r8
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3F50.$5ó.44Asslstant
3F$56.00 5DAsslstant Mate DeckhanDredqe Wo-rkets
5D ¡E$56.44Boatmen
5D 3E5s7.51Engíneer Wetder
3F5Ds5B.ó7rauticLeverrnan, HydQredqc Workers
3F5D$5ó.44Mates
3Fs5ó.00 Ð,
1H55ó.78 5DLevet
5P 1E557.43Journey LevelTa
1E5Ls28,99Journey LevetElectriËa[. FEture Ma ln lenance
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4E576,e6 7CCabte Spticer
7C 4E582.,24Cabte Sptlcer (tunnet)
4E7C$74,38Certifled WetderEtectricians .Jûsldg
7S 4E579.80litectrìcians - lnslde Certlfled Wetder
4E7Cs39,69Constructlon Stock Person
4E73$71,80Journev Levet
4Es7ó.e6 7çLevel (tunnel
1$15,37Craftsman
1514,ó9Journey Level
4t5A57e.43Cabte Spticer
4ù5A$óe,75Certifled Llne Welder
Ð5A$46.28GroundpersonEtectriçlan.s' -Polverllnq
ág$ó9.75 5AHeavy Llne EquiPment
Operator
4p.5A569.75Journey Level LlnePerson
4D5A$59,01Line Equipment OperatorItg-ctricians' Powertine
4D5As46.28Meter lnstalter
4p5A$6e,75Pofe SpraYerE I ec t rl ci ê r,*-* Powe r[ i n g
4D5A$52.20erpers0nE
1531 .00LeveIJo
4A7D$91,24Mechanlc
4A7Ð$e8,51Mechanlc ln Ch
1ß5B517,72Ctassifications' ln'Factory
On
Fabricated Precaf t Concrete
1s 15,18Fence Erector
3l7As3e,48LeveI
l-Y7L561.81LevelJ
Remote Operated Vehicte
Exhibit A
Page2of18
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Exhibit A
Page 3 of 18
King flqal; [t Frost ltgulftors Ättd
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1511 ,50Journey Levellndustrial Power' VaFuum
1K$ó1,41 5BBoat 0
5B 1K5só,48Cook
1K58$s7,48Deckhand
1K5B558,81neerDeckhand!ntarr!,!p¡!ïe¡
1K$ sB. 89 5BLaunch 0perator
5B 1K557,31Matelnlarrd Boatmqn
1$31.4eCteaner Operator, Foamer
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Ò-f Sevler tl Water Svslems ßY
L$24,91Head OperatorI nsJ:eclion / Ctean inrì / 59-atinq
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4C557.1 I 5DJourney Level
7N 10567. BBJourneyman
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7A 3l548,02Alrtrac Drltl. Op erator
7A 3l54ó,57Baltast Regutar Machine
3t53e.48 7-/.Batch WeighmanLaborers
7^3l546,57Brick Pavers
3l$4ó. s7 aBrush Cutter
7A 3l546,57Brush Hog FeederLaborers
7A 3t546,57BurnerteÞgleË
3t$48,02 7ACaisson WorkerLab¡ßfs
7^3t546,57Carpenter Tender
7A 3l546,57CaulkerLgborqrs
7^3r547,44Cement Dumper.pavlngLaborers
7A 3r$4ó.57Cement Flnisher Tender
74,3lChange House Or Dry Shack 546.57
31546,57 7AChlpping Gun (under 30 Lbs.)LaL¡orer!
3l547.44 7AChtpplng Gun(30 Lbs, And
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3t7A546,s7CteanLaborer
3t547,44 Aconcrete Dumper/chute
7^3l$46.57Concrete Form SffiPPer
3l7^547.44Concrete Ptacement Crew
3l7Aïtz.uConcrete Saw 0Perator/core
Drltter
Laborers
3t7A$3e.48Crusher Feeder
3ls46,57 7ALaborer
3l546,57 7^
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motltion: Wrecklng &Lahorers
3l7A546.57Dltch
3t7^548.02ver
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3l$4ó.57 ADry Stack Watts
3t7^546.57DumPersonLal¡orers
7^s46,57TechnicianEpoxyLðbar-eji
7A 3l546,57Eroslon ControI Worker
3t7A547,44Fatter & Bucker Chaln Saw
3t$46.57 aFlne Graders
3r7^539,48Firewatch
3t7A546, s7Form Setter
3la$46.57Gablan Basket Bultders
3l7As46.57Generat Laborer
3t7^$48.02Grade Checker & Translt
Person
3l7^546,57Grlnders
3r7A546.57Grout Machine Tender
3ra547.44Groutmen (Pressure)l nctuding
Poçt Tenslon Beams
3l$4ó.57 7Aardralt Erector
3lAs48.02Hazardous Waste Worker
teveI
3l7^547,44Hazardous Waste Worker
IBL3Þsrså
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3t7^547.44Jackhammer
3t7^547,44Laserbeamers
3t7A546,57nce Person
3t7A547,44Manhote Bultder'mudman
3t7A$46.57Materlat Yard Person
Exhibit A
Page 4 of i8
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6reen Cutter When Uslng
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7A 3r539,48Pitot Car
7A JIs48,02Pipe Layer Lead
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3t7As47.44Pipe Pot Tender
3l7^547,44Retiner
3t547,44 7^Wrapper
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7A 3t548.02Powderman
3ts4ó.57 7^Powderman's HelPerLaborer!
7A 3ls47,44Power Jacks
3t547,44 7^Raltroad Spike Putter' Power
3t548.02 7^Raker - Asphalt
3r7A$48,02Re-tf mberman!-absraË
11s47,44 7^Remote EqulPment OPerator
7A 31s47,MRigger/signat Persont-abole-r!
3t546.57 7^Rip Rap Person
7A 3l547,44Rivet Buster
s47,44 7^1IRodder
3t$46.57 7AScaffotd Erector
7A 3ts46,57Scate Person
3r547,44 7AStoper (over 20")
7A 3ls46.57Stoper Sprayer
7A 3r547,44Spreader (concrete)
3t546,57 7AStake Hopper
7^3l546.57Stock Piter
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7^3l547.44Timber Person 'Sewer
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3ls4ó,57 7ATopper
7A 3t54ó.57Track LaborerLaborqI!
7A 3ts47.4Track Llner (power)re
3r542,22 7ATrafflc Control Laborer
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Exhibit A
Page 5 of 18
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3l7^$101.31Tunnel Work-ComPressed Air
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Exhibit A
Page 6 of 18
Klng Laborers
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Exhibit A
Page 7 of i8
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rktlft: 3000 Lbs And Over
th Attachments
Exhibit A
Page 9 of t8
gP
8P
gB
8P
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8P
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8P
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KI
Ki
King
l(ing
King
King
King
King
King
King
King
Kine
King
King
Kin
Klng
King
King
Ktng
Kíng
Kin
3E7A55ó.eoForklifts: Under 3000 Lbs'
With AttachmentsPgiyql-LqUilge$.1Qee-r a ro r s
3C7^$s9,eó
Prints Cut Sheets Etc
Grade Engineer: Uslng BtuePtryer F=çr ui PJll erllQ qe ra t ors
3Cs5ó,90 7AGradechecker/ stakemans
3C7A$59.9óGuardralI Punch
3C7^5ó0.49Hard Tail End DumP
ment 45 Yards, & 0ver
tating Off' Road
E
3C559 , e6 7AHard Tait End DumP
Articutatlng Off'road
nt Under 45 Yardsur
Powel' Llott iDmetrt 0DerÈf ars
7A 3C559 ,49Horizontat/ dlrectionat Dri [t
3C7A559, eóHorizontai / directionat Drl tI
OperatorPeusl-&uiDtreÈ-APsIÈIeü
3C$59.49 7AHydrallfts / boom Trucks Over
10 Tons
Lll
3C$5ó.90 7^Hydratlfts/boom Trucks, 10
Tons And Under
Power ErlU i pnì ç¡L OÞ.er"¿l for,I
7A 3ç$ó1 .1 0Loader, Overhead I Yards. &
Over
3C$60.4e 7^Loader, Overhead, 6 Yards.
But Not lnctudlng B Yards
P owel f-q u I Drnefr t ODera !er-l
3Cs59. e6 7ALoaders, Overhead Under ó
Yards
Bower Eoulplìren! Qpera Lo.rs
3C$5e.96 7APower Ec u i otlì e nt QpcÌ!:s!!Ql!Loaders, Plant Feed
7A 3C559.4ePower EquiÞmen! QpgI¡-toE Loadersr Etevating TYPe Bett
3C$ 5e. e6 ZALocomotives, At[
3C559.9ó 7AMateriaI Transfer Devlce
3C$ó1 ,10 7AMechanics, At( (teadmen
$0,50 Per Hour Over
Mechanlc)
Powq:!Iqu iultc'nt 0 nqlôtpl's
3C$oo.¿ç 7AMotor Patrol Graders
3C5ó0.49 7^Mucklng Machine, Mole,
Tunnet Dritt, Eorlng, Road
Header And/or Shletd
Por¡¡er EcrgiQqtent Or:erators
$ 5ó,90 7A 3eOit Distrlbutors, Btower
Distrlbution & Mutch Seeding
Operator
Psvyg.Lgrrlu¡cng-qpe.Elsrc
7A 3c5 5e,4eOutslde Holsts (etevators And
Mantlfts), Alr Tuggers,strato
Power EquiÞmqnt Opernlors
.3Cs59,e6 7^Overhead,
20 Tons Th
ge Type Craner
h 44 Tons
Brid
roug
P"ower Ear.rínnter
561 ,1 o 7^3COverhead, Brldge Type: 100
Tons And Over
Power Eotriorlrent ODerators
7A 3C$ó0,4eOverhead, Bridge Type: 45
Tons Through 99 Tons
l¡ower Ecl u i I¡r]leI!_QpeI¡ì!o$
3C$56.90 7^Pavement BreakerP owe r EqJirrmg¡!-.l9.Pgq!S!:!
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5.a
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Exhibit A
Klng
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KI
King
King
Kin
Ki
King
le Driver (other Than Crane 5se,e6 7^
Page 10 of 18
3C 8P
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BP
8P
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King
Ktng
Kin
King
Klng
KI
King
King
King
King
King
Kin
King
Ki
Ki
King
BP
3C$se.4e 7APtant Oiter - Äsph alt, Crusher
3C7^s5ó.90Posthote Digger, Mechanlcat
3CS5ó,eo 7APower Ptanl
7^3C55ó.90Power EquiÐrnent 0Þerqlq$Pumps - Water
3C7A560,49Quad 9, Hd 41, D10And Over
3Cs5ó.90 7AQuick Tower' No Cab, Under
100 Feet ln Height Based To
Boom
Power Eclt¡iplnent QPera [ors
s7^560.4e
Equlpment
Remote Controt OPerator On
Rubber Tlred Earth Moving
Power Eoulnlnent ODerators
3C7A$5ó.e0And Bettman
3Cs5e.49 aRlgger/SlgnaI Person, Betlman
d)
Pov¡er Eouioment 0trerntors
7A 3Cs60.49Rottagon
7A 3C$56.e0Power Eouioment 0Þ('tata$Rotter,Other Than Ptant Mix
3C7A$59.49Rotler, Ptant Mfx 0r Mutti'l'lft
Materials
þrrcr-LcrdJ2ng!!-AggrnlgË
3C559.9ó 7ARoto-mill, Roto'grinder
3ç7As59.49Saws - Concrete
7A 3Cs59,eóScraper, Self Propetled Under
45 Yards
3C$5e,4e 7^Scrapers - Concrete & Carry
Att
Ppwer Êauipnlent OPer¡toË
3ç7A$60.49Scrapers, Setf'ProPelted: 45
Yards And Overþryet-EquiÞment OæIaþI!
3C559,4e 7^Powel' Eoulnment 0Derato$Servlce Engl neers - EqulPment
3C7A$56.e0Shotcrete/gunlte EquiPmentP ower to ui nment OpeinlQö
3C$5e.4e 7^ovel, Excavator, Backhoe,
ractors Under 15 Metrlc
Tons
PoweL EgulÞmêRt 0ÞeraLorq
3!$60,49 74Shovet, Excavator, Backhoe
Over 30 Metric Tons To 50
Metrlc Tons
3CAs59.e6Shovel, Excavalor, Backhoes,
ractors: 15 To 30 Metric TonsPgrver ËçlulPnren L 0nerators
3C$61,10 7AShovet, Excavalor'Backhoes:
Over 50 Metric Tons To 90
Metflc Tons
Power Equlrrnlent OPel'atorl
3C7As61.72Shovet, Excavator, Backhoes:
Over 90 Metríc Tons
Poryer Eq-u,lÞrnçn t 9pglÀtors
3C7A$60.49Pavers
7A 3C$60.49, Topslder &8q@
3C7As5e.e6er Trlmmers
3C7A$59.49Tower Bucket Etevators
3C7^$61,10
Hel Base To Boom
Tower Crane UP To 175' lnPower Equlrlment oLgrators
https ://forfress.wa. gov/lni/wagelookup/prvWagclookup' aspx 3t2812018
5.a
Packet Pg. 83
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Exhibit A
Page l1 of18
Klng
through 250' ln helght, base
boom
King
Klng
Ki
Klng
Klng
King
Ki
Klng
KÍng
King
Klng
King
King
Klng
Ktng
King
King
King
King
Klng
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Conveyors
Crane: over 175's61,72 u 3E
p¡
8P
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BP
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3Csó2,33 bTower Cranes: over 250' ln
helght from base to boom
Power.EaUlqment Onef atots
3C560.49 7^Transporters, Atl Track 0r
Truck Type
Powor Ecuinment OperaLoIs
7A tç559.49TrenchingMachlnes
3Cs5e, eó 7^Truck Crane Oiteri driver ' 100
Tons And Over
Power Equinrnqnt Oper4tors
3C55e.49 7ATruck Crane 0lter/drlver
Under 100 Tons
[¡ower Er¡uio¡ì'ìent 0Þel'ätors
--
3Cs59.96 aTruck Mount Portabte
Conveyor
Powsr Eqr¡ipntent Orlerators
7A 3C560,49Welder
7A 3çs56.90Wheel Tractors, Farmatl TYPe
3C5 5e.9ó 7AYo Yo Pay Dozer
7A 3ç5ó0.4eAsphatt Ptant Operators
¡c5s¿,ço 7^Asslstant EngineerPower Eoulf¿rnen t QÊgn-f.oÊ
I
3!5s9.9ó 7APower Eot li rr-rn.en t Qperpglrs'
Undersround 9ewer & Wels!
Barrier Machine (ziPPer)
3ç55e, eó 7^Batch Plant Operator,
Concreteþ:r@
[ln clerc ror,llrd Sewer &--Sla ter
$5ó.90 ZA 3CBobcatPowc:l' Eouínnrent 0perators'
7A 3g5s6.90Power Ect¡itl¡¡:tont Olerar0r¡.1
Undefr¿round Sewer & Watef
Brokk - Remote Demotltion
Equlpment
3C556, e0 7AErooms
7A 3C$ 59,9óBump CutterPower Ecuinrnent ODerat0rs'
U n-delcru!¡d-Sewe r &, Wg,!fl
$ó0.4e 7^3cCabtewaysPr¡wer Ecr.llr:nìent Ot)etators'
JE5 5e,96 aChipperPower E ou i p rn e n t 0 p-er-gtç¡rs-'-
3S$5ó,90 76CompressorI
s60,49 7A 3CConcrete Pump: Truck Mount
Wlth Boom Attachment Over
42M
Powrtr Eouioment Onerators'
LJnclersrou¡rd Sewer & Water
s56,90 7^3Cconcrete Finish Machlne -laser
Screed
Power Eouinnlent Or:erators'
U
3C559,49 7AConcrete Pump . Mounted 0r
Tralter Hlgh Pressure Llne
Pump, Pump Hlgh Pressure,
Power Eauioment ODer¿ìtors'
Urlclercr'ou¡lcl Sc'wer & Water
3CConcrete Pump: Truck Mount
With Boom Attachment Up To
42m
$5e. e6 7APower EoLrinrnent 0nerators.und@
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3t28120r8
5.a
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3C7^$62.33Cranes Frlctiont 200 tons and
over
Power E quip men!_Qp e&Io!!.
U n clo rq ¡:ounçl 5 ewcr-qj{algt
3E7As59.eóCranesr 20 Tons Through 44
Tons With Attachments
Powqr Eeuir:ment 0pera!91¡.
3C$61.1 0 7ACranes: 100 Tons Through 199
Tons, 0r 150'0f Boom
(lncluding Jib With
Power Eoulnment Ooerators'
U n rle r glgUi:.d-!gUgl.&l,Vê!el
3C561,72 7^es: 200 tons- 299 tons, or
250' of boom inctuding Jib
wlth attachments
Pgwer Eqglnnlen I 0pe!¿tors'
!¡¡lggrr:urrd Sev¿er & W¿tgJ:
3C7A562.33Cranes: 300 tons and over or
300' of boom lncluding jlb
wlth attachments
Power EttulPrnent QPerators'
Unclerqrolrnçl Sewqr [t Watel
7A 3Cs60.49Cranesr 45 Tons Through 99
Tons, Under 150'Of Boom
(lncludlng Jlb Wlth
Attachments)
Power EcUlr:lnerlt Ooerators'
Urule¡gfsr¡!*lçwer & Water
3C7A55ó.90Cranesr A-frame - 10 Tons And
Under
Powe-lEgliÊltg$-Qpel¿tlg.l' Í,
a 3çs61.72Cranes: Frictlon cranes
through 199 tons
3Cs59.4e 7A
Tons
Cranes: Through 19 Tons Wlth
Ättachments A'frame over 10
397^s59.e6Crusher
7A 3C$5e.e6Deck Englneer/deck Wlnches
(power
3C7^560,49Dericks, On Buitdlng Work
3ç74.$59.4eDozers D-9 & Under
U
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3C$5e,4e 7^Dritl Ollers: Auger TYPe'Truck
0r Crane Mount
E
3C7A$61,10Drittlng Machine
3Cs5ó,90 bElevator And Man'tlft:
Permanent And Shaft TYPe
3Cas59,eóFlnishing Machlne, Bldwetl
And Gamaco & Slmitar
Eq ent
3C7A$5e.49Forktift: 3000 Lbs And Over
Attachments
397^$50.çoForktifts: Under 3000 Lbs'
th Attachments
3C7^$59.e6Grade
P
Engineer: Using Blue
Cut Sheets, Etc
3ç7^$56,e06radechecker/stakeman
Exhibit A
Page 12 of 18
BP
8P
8P
BP
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BP
8P
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8P
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King
Pq_@
Klng
Klng
King
King
Klng
Klng
Klng
Klng
King
King
King
King
King
King
King
King
King
King
King
King
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5.a
Packet Pg. 85
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Klng uardraiI Punch
King
King
King
King
King
Klng
King
King
King
King
Klng
King
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Kìng
King
Kf ng
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King
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s5e, eó 7A 3C
Exhibit A
Page l3 of 18
BP
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se
BP
8P
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!çlAs60,4el'lard Talt End DumP
icutating Off' Road
ment 45 Yards. & OverEquip
PslssJ-Egutpllstu-Qut¿I¡lsÊ
7^3E$59.96Hard Tail End DumP
t under 45 Yards
Off-road
Powel' Ect!¡i r:.4ttlfit..Operalols'
Undelglqt¡¡dlewel-Éldgle!
3ç$59,4e aorlzontat/directlonaI D ritt
Locator
3E7A55e,e6Horizonta[ / di rectlonat Dri l'[
3C7^55e,49Hydratifts/boom Trucks Over
1 0 Tons
7A 3q55ó.e0Hydratifts/boorn Trucks, 1 0
ons And Underter
7^3C$ó1 ,1 0Loader, Overhead I Yards' &
Over
3Csó0,49 7A
Bul Not lncludi I Yards
Loader, Overhead, 6 Yards
7A 3C$59, eóLoaders, Overhead Under 6
3c$5e,eó 7^Loaders, Ptant Feed
7^:ç559,4eLoaders: Etevatlng TYPe Bett
7^3ç$se.96Locomotlves, Atl
r
3Cs 5e.9ó aPower Eclui Pln erl t O-Pera t9ri'
Unclersround Sewer & Wq$I
Materlat Transf er Devlce
3C561 .1 0 7AMechanics, Att (leadmen '
$0,50 Per Hour Over
Mechanic)
3C560.49 7^Motor Patrol Graders
3ç$60,4e 7^Mucklng Machine, Mole,
Tunnel Drltt, Borlng, Road
Header And/or Shletd
$56,e0 7^3C
Operator
OiI Distributors, Btower
Dislribution & Mutch Seedlngtqw.cl.tqi!iûr¡gl:!-8reßþJ5:
U n dere rgi,ncl Sew-er tLWa tgt
3C559,49 7AOutside Holsts (etevators And
Mantlfts), Air Tuggers,strllo
559,96 a 3COverhead, Bridge TYPe Crane:
20 Tons Through 44 Tons
7A 3C$ot.toOverhead, Bridge TYPe: 100
Tons And Over
3C$ó0,4e 7^
ewer
Overhead, Brldge TyPe: 45
Tons Through 99 Tons
3C$56,90 7^
r
Pavement Breaker
https ://fortress.wa, gov/lni/wageio okup/prvWagelookup' aspx
5 59.9ó 7^3C
312812018
5.a
Packet Pg. 86
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3E$59.4e 7^Power Ecluiornent 0perators-
Underqround Sewel & WqIçt
Plant 0iter . AsPhatt, Crusher
7A 3Cs56.90Posthote Dlgger, MechanicatPower [ouioment 0Deriltols'
3ç7A$56,90Power PtantPower Ecruinment Ooeratot's'
U n del:s Lo-u.! d SeWqL-&-W aleI
7,4 3C$56.e0Pumps"Water
7^3g$60.4eQuad 9, Hd 41, 010 And OverPower Ecuiornent ODerätors'
U[d_erqround Sewer & Wäq$
3C7^$56.e0Qulck Tower - No Cab, Under
100 Feet ln Height Based To
Boom
Power fqulpment op
Underqround Sewer & Water
3C$60.4e 7ARemote Controt OPerator 0n
Rubber Tlred Earth Movlng
Equlpment
Power Eauinment ODerators'
Underqround Sewer & WlÍl[
7A 3C$56.e0Rigger And Bettman
3g$5e.4e 7ARlgger/Signal Person, Betlman
{Certified)
Power Ç.crtllnment OPç'rators'
3ç7^$ó0,4eRottagon
3C55ó, e0 7APower Eeuip$ent OPeraEtl's'
ttndproround Sewer & Water
Rolter, Other Than Ptant Mlx
3C7^$5e.49Rotler, Ptant Mix Or Muttl'tlft
Materials
3C7^$59,96Power EqulDmeE! OPerators'
Underqrouncl Sewer & WaLq-t
Roto-mitt, Roto'grlnder
3C$s9.49 7^,Power EquiÞntent OPerators'
tinclerpround Sewet' & W-Aler
Saws - Concrete
3CZA$s9. e6Scraper, Setf ProPetl'ed Under
45 Yards
3E$59,4e 7AScrapers - Concrete & Carry
Att
3C7^$ó0.49Srapers, Self'ProPetled: 45
Yards And Over
K7A$5e.4eService Englneers - EqulPrnent
3*C$56.e0 7^Shotcrete / gunite EquÍPment
3C74s5e.49Shovel,, Excavator, Backhoe,
Tractors Under 15 Metrlc
ons
r
3C7^$60.4e
3
c
, Excavator, Backhoe:
0 Metrlc Tons To 50
Tons
P ower:!.gUi¿CI9¡!-Qæt0.!gtt
Úndereround Se-wer ft Water
7A 3Cs5e.e6
Tractors: 1 5 To 30 Metrlc Tons
Shovet, Excavator, Backhoes't
Page 14 of 1B
Exhibit A
BP
8P
BP
8P
8P
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Page 15 of 18
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Page 16 of 18
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Page i7 of i8
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Page 18 of 18
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Exhibit A
sEcrIoN 01100
SUMMARY
PART 1 - CENERAL
1.1
1,2 SUMMARY
A, Section includesl
1. Projectinformation,2, Work by Owner,
3, Future work.4, Purchase contracts,
5, Owner-furnishedProducts.6. Contt'actor-furnished, Owner-installedproducts'
7, Access to site.
8, Coordination with oocuPants,
9, Work restrictions.
10, Specifrcation and drawing conventions.
I 1. Miscellaneous provisions,
Related Section:
L Division 1 Section "Temporary Facilities and Controls" for limitations and procedures
governing temporary use of Owner's facilities'
1,3 PROJECT 1NFORMATION
l. Renovate the old IT Server room inlo one new ofÍìce area, constructingtwo new walls
and a new closet, Scope includes, but is not limited to, selected demolition, new doors
and hardware, new metal framing, GWB, Caulking, painting, wood trim, and rubber base
all as indicated on the drawings and as required for a completed project, as indicated on
the drawings.
1.4 V/ORK BY OWNER
General: Cooperate fully with Owner so work may be carried out smoothly, without interfering
with or delaying work under this Contract or work by Owner. Coordinate the Work of this
Contract with work performed by Owner,
A
A.
RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and olher Division I Specification Sectionsn apply to this Section.
B
Summary 01 1000 - i
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Exhibit A
1,5
A,
1,6
A,
c.
1.7
A
i.8
A.
B
OWNER.FURNISHED PRODUCTS
Owner will furnish products indicated. The Worl< includes receiving, unloading, handling,
storing, protecting, and instalIing Owner-furnished proctttcts,
Owner-Furnished Products :
1. None
ACCESS TO SITE
General: Contractor shall have limited use of Project site for construction operations and shall
allow the Owner to have continued access to the site for owner's regular operation. Cooperate
with Owner during construction operations to minimize conflicts and facilitate Owner usage,
Use of Site: Lirnit use of Project site to work in areas agreed upon with the Owner, Do not
disturb portions ofProject site beyond those areas,
L Driveways, Walkways and Entrances: Keep driveways, parking lots, and entrances
serving public clear and available at all tiines, Do not use these areas for patking or
storage of materials unless specifrcally indicated on the drawings.
a, Schedule deliveries to minimize use of driveways and entrances by construction
operations.
b. Schedule deiiveries to minimize space and time requirements for storage of
materials and equipment on-site,
Condition of Existing Building: Maintain portions of existing builc{ing affected by construction
operations in an operational condition throughout construction period. Repair damage caused
by construction operations.
COORDINATION WITH OCCUPANTS
Full Owner Occupancy: Owner will occupy site and buitding during entire construction period'
i, Maintain access to existing walkways, oorridors, and other adjacent occupied or used
facilities. Do not close or obstruct walkways, corridors, or other occupied or used
facilities without written permission from Owner and approval of authorities having
jurisdiction.
2. Notify the Owner not less than72 hours in advance of activities that will affect Ownm's
operations.3. Overhead work and Protections: Contractor shall properly fence in or block off areas
where the public could be harmed by the construction effotts, overhead work or falling
clebris. Contractor shall be responsible for complying with all WISHA requirements,
inoluding safety plans anct fall restaint.
V/ORI( RESTRICTIONS
Work Restrictions, General: Comply with restrictions ol'l construction operations.
1, Comply with limitations on use of pubiic sreets and other requirements of authorities
having jurisdiction,
B
Summary 0l 1000 - 2
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Exhibit A
1,9
A.
B.
c.
B. On-Site Work Hours:l. Monday througlr Sunday Hours: 7 AM to 6 PM'
C. Controllecl Substances: Use of tobacco products ancl contt'olled substances on the Project site is
not pemitted,
SPECIFICATION AND DRAWING CONVENTIONS
Specification Content: The Specifìcations use certain conventions for the style of language and
the intended meaning of certain terms, words, and phrases when used in particular situations,
These conventions are as follows:
l. pnperative mood and streamlined language are generally used in the Specifìcations, The
worcls "shall," "shall be," or "shall coinpiy with," depending on the context, are implied
where a coion (:) is used within a sentence or phrase.
Z. Specification requirements are to be performed by Contractor unless specifically stated
otherwise.
Division 1 General Requirements: Requirements of Sections in Division 1 apply to the Work of
all Sections in the Specifications,
Drawing Coordination: Requirements for materials and products identifìed on the Drawings are
describ|d in detail in the Specifìcations, One or more of the following are used on the
Drawings to identify materials and products:
1, Terminology: Materials and proclucts are identiflred by the typical genericterms used in
the individual Specifications Sections.
2, Abbreviations: Materials and products are icientified by abbreviations published as part
of the U.S, National CAD Standard and scheduled on Drawings,
3, I(eynoting: Materials and products are identified by reference keynotes referencing
Specification Section numbers found in this Project Manual.
i,10 MISCELLANEOUS PROVISIONS
Daily clean up: Contractor shall clean building interior at the end of each day to level required
by the Owner for the next day's operations.
Utilìties: Contractor may use Owner's existing power and toilets'
PART 2 - PRODUCTS (l'Jot Used)
PART 3 - EXECUTION (Not Used)
END OF SECTION O11OOO
A.
B
Summary 01 1000 - 3
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Exhibit A
SECTION 017700
CLOSEOUT PROCEDURES
PART 1 . GENERAL
I.1 RELATED DOCUMENTS
A Drawings and general provisions of the Contract, including General and Supplernentary
Conditions and other Division 1 Specifìcation Sections, appty to this Section.
1,2 SUMMARY
A,Section includes administrative and procedural requirements for contract closeout, including,
but not limited to, the following:
Substantial Completion procedures,
Final completion procedures.
Wananties.
Final cleaning,
I.3 SUBSTANTIAL COMPLETION
A, Preliminary Procedures: Before requesting inspection for determining date of Substantial
Completion, complete the following. List items below that are incomplete with request.
1, Prepare a list of items to be compteted and corrected (punch list), the value of items on
the list, and reasons why the Work is not complete,
2, Submit specific warranties, workmanship bonds, maintenance service agreements, final
certifrcations, and similar clocuments.
3, Obtain and submit releases permitting Owner unrestricted use of the Work and access to
services ancl utilities. Include occupancy permits, operating certiftcates, and similar
releases.
4, Terminate and remove temporary facilities from Project site, along with construction
tools, and similar elements,
5, Complete final cieaning requirements, including touchup painting'
6. Touch up and otherwise repair and restore marred exposed fìnishes to eliminate visual
defects.
B, Inspection: Submit a wlitten request for inspection for Substantial Completion, On receipt of
requestn Architect will either proceed with inspection or notify Contractor of unfulfilled
requirements, Architect will prepare the Certificate of Substantial Completion after inspection
or will notify Contractor of items, either on Contractor's list or aclditional items identified by
Architectn that must be completed or corrected before certifìcate will be issued.
1, Reinspectiont Request reinspection when the Work identified in previoLrs inspections as
incomplete is completed or corrected'
2, Results of completed inspection will form the basis of requirements for final completion.
1,
2,
?
4.
Closeout Procedures 017700 - I
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Exhibit A
1,4
1.5
A.
A
D
FINAL COMPLETION
PLelirninary Procedures: Before requesting final inspection for determining fìnal conpletion,
complete tlie following:
1. Submit a final Apptication for Paynient according to Division 1 Section "Payment
Ptocedures."
Z, Subrnit copy of Architect's Substantial Conpletion inspection list of items to be
cornpleted tr corrected (punch list), endorsed and dated by fuchitect' The copy of the
list shall state that each item has been completed or otherwise resolved for acceptance'
3, Instruct Owner's personnel in operation, adjustment, and maintenance of products,
equipment, and systems,
Inspectíon: Submit a written request for finat inspection for acceptance, On receipt of request,
¿róhitect will either proceed with ïnspection or notify Contractor of trnfulfilled requirements'
Architect will prepare a final Certihcate fbr Payment after inspection or will notify Contractor
of constructionthat must be completed or corrected before certificate will be issued,
L Reinspection: Request reinspection when the Work identified in previous inspectiotts as
incomplete is completed or corrected.
WARRANTIES
Submittal Time: Submit written warranties on request of Architect for designated portions of
the Work where commencement of wan'anties other than date of Substantial Completion is
indicated.
partial Occupancy: Submit properly executed warranties within 15 days of completion of
designated portíons of the Work that are completed and occupied or used by Owner during
construction period by separate agreement with Contractor.
Organize warranty documents into an orderly sequence based on the table of contents of the
Project Manual.
1, Bind warranties and bonds in heavy-cluty, three-ring, vinyl-covered, loose-leaf binders,
thickness as necessary to accommodate contents, and sized to receive 8-1/2-by-11-inch
paper,
Z, þrovide heavy paper dividers with plastic-covered tabs for eaoh separate warranty, Mark
tab to identify the prociuct or installation, Provide a typed description of the product or
installation, including the name of the ploduct and the name, address, and telephone
number of lnstaller,
3. Identify each binder on the front and spine with the typed or printed title
"WARRANTIES," Project name, and name of Contractor,
Provide additionalcopies of each warranty to include in operation and maintenance manuals.
B
B
c
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Exhibit A
PART 2 - PRODUCTS
2.1 MATERIALS
À Cleaning Agcnts: Use cleaning materials and agents recomrnended by manufacturer or
fabricator of the surface to be cleaned. Do not use cleaning agents that are potentially
hazaldous to health or property or that might darnage hnished surfaces.
PART 3. EXECUTION
3,1 FINAL CLEANING
General: Perlorm final cleaning. Concluct cleaning and waste-l'emoval operations to cornply
with local laws and ordinances ancl Federal ancl local environmental and antipollution
legulations,
Cleaningl Employ experienced workers or professional cleaners for änal cleaning, Clean eaclt
surface or unit to condition expected in an average commercial building cleaning and
maintenance progrânl. Comply with manuf'acturer's written instructions'
1, Complete the following cleaning operations before requesting inspection for certification
of Substantial Completion for entire Project or for a portion of Project:
A.
IJ
^Clean Pro.ject site, yard, and grounds, in areas disturbed by construction activities,
including landscape clevelopment areas, of rubbish, waste material, litter, and otlier
foreign substances,
Sweep paved areas broorn clean, Remove petrochemical spills, stains, and other
foreign deposits.
Remove tools, construction equipment, machinery, ancl surplus material from
Project site.
Clean exposed exterior and interior harcl-surfaced fìnishes to a dirt-free condition,
free of stains, fìlms, and similar fbreign substances. Avoid disturbing natural
weathering of exterior surfaces. Restore reflective surfaces to their origirral
condition.
Remove debris and surface dust from limited access spaces, including roofs,
plenums, shafts, trenches, equipment vaults, manholes, attics, and similar spaces,
Sweep concrete floors broom clean in unoccupied spaces,
Clean windows and frames. Remove glazing compounds and other noticeable,
vision-obscuring materials, Replace chipped or broken glass and other clamaged
transparent materials, Polish mirrors and glass, taking care not to scratch surfaces,
Remove labels that âre not permanent.
Touch up and otherwise repair and restore marrecl, exposed finishes and surfaces.
Replace finishes and surfaces that cannot be satisfactorily repairecl or restored or
that already show eviclence ofrepair or restoration,
Wipc sLrfirces of mcchanical and electrical equiptticnt ancl similar equiprricnt.
Rcnrove excess lubrication, paint and mortar <lroppings, and other {ìrrcign
substançes,
Leave Project clean and ready for occupancy.
b,
c.
d,
f.
o¿r'
h.
k.
Closeout Procedures
END OF SECTION O177OO
017700 - 3
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Exhibit A
sEcrIoN 017820
OPDRATION AND MAINTENANCE DATA
PART 1 - CENERAL
1.1 RELATED DOCUMEN]'S
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division I Specifrcation Sections, apply to this Section,
1.2 SUMMARY
A.Section includes aclminisfative and procedural requirements fbr preparing operation and
maintenance manuals, including the foliowing:
1. Operation manuals for systems, subsystems, and equipment.
2. Product maintenance manuals,
B.Related Sections:
1, Divisions 2 through 34 Sections for speciflrc operation and maintenance manual
requiretnents for the Work in those Sections'
1.3 DEFINITIONS
Systemt An organized collection of par1s, equipment, or subsystems united by regular
interaction.
Subsystem: A portion of a system with characteristics sirnilar to a system'
1.4 CLOSEOUT SUBMITTALS
A,Manual Contentl Operations and maintenance manual content is specified in individual
specification sections to be reviewed at the time of Section submittals, Submit revier.ved
manual content formatted and organized as required by this Section.
Where applicable, clarify and update reviewed manual content to correspond to
modifi cations and freld conditions.
B Format: Submit operations and maintenance manuals in the following format:
L Two paper copies and one PDF electronic version. Include a complete operation and
maintenance clirectory. Enclose title pages and directories in clear plastic sleeves, Make
con'ections to manual as directed by the Architect.
A
A,
B.
Operation and Maintenance Data 0t7820 - 1
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Exhibit A
PART 2. PRODUCTS
2,1 PRODUCT MAINTENANCE MANUALS
A, Content: Organize manual into a separate section for eaclt product, material, and fìnish,
Include source information, product information, maintenance proceclures, repair materials and
sources, and warranties and bonds, as described below,
B. Source Information: List each product included in rnanual, identifred by product name and
arranged to match manual's table of contents. For each product, list name, address, and
telephone numbet of Installer or supplier and maintenance service agent, and cross-refbrence
Spedification Section number and title in Project Manual and drawing or schedule designation
or identifier where applicable,
C, Product Information: Include the following, as applicablel
Product name and model number.
Manufacturer's name,
Color, pattern, and texture.
Material and chemical compositíon.
Reordering information for specially manufactureci products,
D. Maintenance Procedures: Include manufacturer's written recommendations and the followingl
l, Inspectionprocedures,
2, Types of cleaning agents to be used and methods of cleaning.
3, List of cleaning agents ancl methods of cleaning detrimental to product,
4. Schedule for routine cleaning and maintenance,
5, Repairinstructions,
E, Repair Materials and Sources: Include lists of materials and local sources of materials and
related services,
F, Wananties and Bonds: Include copies of warranties and bonds and lists of circumstances ancl
conditions that woulcl affect valiclity of warranties or bonds.
1, Include procedures to follow and required notifications for wananty claims.
PART 3. EXECUTION
3.1 MANUAI- PREPARATION
A. Operation ancJ Mainlenance Documentation Directory: Prepare a separate manual that provides
an organized reference to emergency, operation, and maintenance manuals,
B. Product Maintenance Manual: Assernble a complete set of maintenance clata indicating care
and maintenance of each producto material, and finish incorporatecl into the Work'
C. Operation and Maintenance Manuals: Assemble a complete set of operation and maintenance
dáta indicating operation and maintenance of each system, subsystern, and piece of equipment
not p¿rt of a system,
l.
)
4,
5.
Operation and Maintenance Data 417820 - 2
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Exhibit A
D.
E.
1. Engage a factory-authorized service representative to assemble and prepare information
for each system, subsystem, and piece of equiprnent not part of a system.
2, Prepare a separate manual for each system and subsystem, in the fonn of an instructional
manual for use by Owner's operating personnel'
Manufacturers' Data: Where ¡nanuals contain manufacturers' standard printed data, include
only sheets pertinent to proclnct or component installed, Mark each sheet to identify each
product or .b*pon"nt inðorporated into the Work, lf data include more than one item in a
iabular format, identify each item using appropriate references from the Contract Documents.
Identify data applicable to the Work and delete references to information not applicable'
1. Prepare supplementary text if manufacturers'standard printed data are not available and
whåre the ínformation is necessary for proper operation and maintenance of equipment r:r
systems,
Cornply with Division 1 Section "Closeout Procedures" for schedule for submitting operation
and maintenance documentation.
END OF'SECTION
Operation and Maintenance Data 0i7820 - 3
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Exhibit A
SECTION 133419
MODULÄR BUILDING SYSTEMS
PART 'I . CENERAL
1.I RELATED DOCUMENTS
A.Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section,
t,)SUMMARY
Section Includes:
1. Manufacture of modular buildings
2, lnstallation of modular buildings.
A.
1.3 COORDINATION
Coordinate with the City the location of building(s) and connection of the utilities to the
building.
1,4 PREINSTALLATION MEETINCS
A. Preinstallation Conference: Conduct conference at Project site,
B Review methocis and procedures related to installation of building(s) including, but not limited
to, the following:
1. Style and requirements for the modular building supports.
Z. Cðnstn¡ction schedule. Verify availability of materiats and erectot's personnel,
equipment, and facilities needed to make progress and avoid delays,
3. Required tests, inspections, and certifications.
4, Uniavorable weather ancl forecasted weather conditions ancl impact on the construction
schedule,
1.5 ACTION SUBMITTALS
A Product Datar For each type of modular building system component,
1. Include construction detaiis, material descriptions, climensions of individual components
and profiles, and finishes fbr the following:
Building floor
Wall construction
A.
a,
b,
Modular Buildin g Systems 133419 - 1
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Exhibit A
Thermal i rrs ulation and vapor-retarcier facin gs,
Personnel cioors and frames,
Windows,
Roofìng Material,
Electrical and HVAC systems.
B, Shop Drawings: Indicate components by others, Include full building plan, elevations, sections,
details and the followingl
1. Building supports including seismic bracing,
2, Structural-Ëräming Drawiñgs: Show complete fabrication of primary and seoondary
frarning; include provisions for openings.
a, Show provisions for attaching stairs, service walkways, and platforms,
3, Accessory Drawings: Include cietails of the following items:
a, Flashing and trim,
b. Gutters.
c, DownsPouts,
d, Service walkwaYs,
C. Door Schedule: For doors and frames. Use same designations indicated on Drawings, Include
detai ls of rei nforcement,
I , Door l--larclware Schedule: Include details of fabrication and assembly of door hardware,
Organize schedule into door hardware sets indicating complete designations of every
item required for each door or opening,
Z. I(eying Schedule: Detail Owner's final keying instructions for locks. Include schematic
keyingdiagram and index each key set to unique door ciesignations,
D. Detegated-Design Subrnittal: For metal building systems.
l. I¡clude analysis data indicating compliance with performance requirements and design
data signed and sealed by the qualified professional engineer responsible for their
PreParation,
c,
d,
e.
f.
ct
r,6
t.7
A.
B
C.
A.
INFORMATIONAL SUBMITTALS
Qualifi cation Data: For manufacturer,
I nstal ler Certificates : For qual i fìed i nstaller, from manufacturer.
Sample Warranties: For special warranties,
CLOSEOUT SUBMITTALS
Maintenance Data: For ftxtures and equiprnent, Include maintenance manuals,
Modular Builcling Systems 133419 - 2
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Exhibit A
I.8 QI.JALITY ASSURANCE
A, Manufacturer Qualifrcations: A qualified manufacturer,
Accreditation: Manufacturer's facility accredited according to the requirements of the
State of Washington,
Engineering Responsibility: Preparation of comprehensive engineering analysis and Sltop
Drawings by a professional engineer who is legally qualifìed to practice in jurisdiction
where Project is located,
B Installation Qualifrcations: An experienced installer who specializes in installing work similar
in rnaterial, design, and extent to that indicated for this Project and who is acceptable to
manufacturer. Contractor shall be licensed in the State of Washington to provide work described
herein, Contractor shall also obtain a City of Kent business license.
i,9 DELIVERY, STORAGE, AND HANDLiNC
Deliver components, and other manufactured items so as not to be damaged or clefortned.A.
1.10 FIELD CONDITIONS
A Weather Limitations: Proceed with installation only when weather conditions permit according
to manufacturers' written i nstructions and warranty requirements'
WARRANTY
Provide a Warranty on windows, electrical systems, HVAC systems, and roofing,
2
1,11
A,
PART 2 . PRODUCTS
2.1 MANUFACTURERS
A.Manufacturers: Subject to compliance with requirements, the following are acceptable;
L Modular Building Manufacturers:
Modern Building Systems
Design Space Modular Builclings
Pacifi c Mobile Structures
Moclular Genius
Mod Space
Approved Equal
a,
h
d.
e,
f,
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Exhibit A
1'.)SYSTEM DESCRIPTION
Pr.ovicle and installa cornplete, integrated set of mutually dependent components and assemblies
that form a modular building system capable of withstanding structural and other loads,
thermally induced movement, and exposure to weather without failure or infiltration of water
into buiiding interior. Provide the necessary foundation supports and seismic connections to
meet the State ancl City of Kent building codes.
A
1 Contractor shall bee the minimum construction and design requirements as descl'ibed
below:
g,Codes- The Contractor shall meet all applicable codes for modular units and the
following:
ADA -Americans with Disabilities Act
IBC - international Building Code, current edition
IPC - International Plumbing Code, curent edition
WAC 296-l SOC Commercial Coaches
IMC - International Mechanical Code, current edition
IFC - International Fire'Code, current edition
NEC - National Electrical Code, current edition
Washington State Energy Code
b, Exterior Walls
Provide 2x6 walls at 16" O.C.
Provide all blocking t0 accommodate interior partitions and equipment
installations,
c, Insulation
l) The Contractor shall provide and install insulation for walls, roof and floor
as required by the Washington State Energy Code. Materials should be free
of. Red List, http://l i vin g- future'org/redl ist i n gredients'
d, Exterior Doors and Hardware
r)
2)
3)
4)
5)
6)
7)
8)
r)
2)
1)Two (2) exterior doors shalt be installed on same side of unit, See drawing
for location,
Doors to be insulated tnetal doors with metal ft'ames
Door hardware shall be meet modular building supplier standards,
Locks and latches shall be by the same manufacturer and shall be Corbin,
Best Access or Schlage, and shall accept'Best' cores to be provided by the
City of Kent,
1) Provide white vinyl windows as shown on drawings,
2)
3)
4)
e. Windows
Modular Building Systems 133419 - 4
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Exhibit A
2) Winclows shall be 48" X 48" double paned insulated horizontal sliders
meeting the Waslrington State Energy Code, Glass to be tel'npered where
required by code,
f, Roof
g.
1) Provide and install composite shingles with minimum twenty (20) yeaL
wârranty.
2) Overhangs and gutters above doorways to allow adequate drainage for
roofrng system supplied.
Subfloor
l) Provide a minimum %T&G plywood subfloor w¡th tight seals throughout âs
specified in WAG 296-150C,
h, Flooring
1) Install Carpet tile meeting requirements of WAC 296-150C. Mannington or
equal, No cracks or missing base will be allowed, Flooring shall be,securely
adhered down to subfloor.
2) lnstall 4" rubber base. Color selected by Owner from standat'd colors.
Exterior Siding & Skirt
1) Install exterior siding per requirements of WAC 296150. Panel can be
either Smart Panel or Hardi-Panel. Textured surface.
2) Paint exterior with one coat of primer and two coats of finish acrylic satin
sheen, Color selected by Owner from stanclard colors.
3) Provide continuous painted skirt around building perimeter
Interior Walls
1) Provide interior 16" O,C., 2x4 walls as shown on drawings, Interior
partitions to be insu¡lated for sound,
2) interioL wall surfaccs to be finislled with vinyl coated gypsum wallboard.
t.
L Interior Ceilings
1) Interior ceilings to be 2'x4' acoustical T-grid ceilìng tile. Armstrong or
equal.
Interior Lighting
1) Provide 2x4LED trough lighting as shown on drawings,
2) Provicle light switching for each room,
Exterior Lighting
1) Provide exterior LED lighting as shown, Lighting to be Lithonia or equal,
Provide photo sensors,
n, Tie Downs
m.
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Exhibit A
1) Provicle seismic tie downs as required by the builcling codes for the City of
I(ent,
o.Stairs and Ramps
l) Provide stairs, ramps, and landings as shown on drawings. Provide
handrails as required. Ramps to meet ADA requirements,
p, Mechanical Units
1) Provicle and instatl wall tnounted gas/electric unit, Equipment to be Bard
wc3s2 step capacity Gas/ Electric, Provide all parts and supplies fbr a
cornplete i nstallation,
2) Provicle overlread ducted supply & return w/ plenurn wall,
3) Provide digital thermostat controls with setbacks assuring climate control at
70 degrees, plus/minus 2 degrees.
4) Equipment shall be Energy Star rated and meet Washington State Energy
Code.
q. Electrical
I ) Provide a 200 amp electrical service.
2) Provide Appleton Generator Power Receptacle ADJA20034200RS or equal
with 200 Amp Non fused manual transfer switch, Ealon DT224URI( or
equal.
3) All wiring to be bx cabling or wire in emt conduit,
4) All circuits to be 20amp or larger as required,
5) Atl electrical services shall be connected as a total unit.
6) Outlers and equipment shall be labeled with panel desigantions and circuit
numbers.
7) Provide receptacles as shown on drawings,
8) Provide clata backboxes and smurf tube pathways for data cabling by others'
All pathways to terminate in the ceiling space above tire T-bar grid.
9) Provide trenching, conduit, bacl<fi11, and restoration for secondary wiring
from PSE tt'ansformer, Coordinate installation with PSE,
B. Design requirements
Design Snow Loacl: 25 lbs/sf
Design Wind Load: 85 mph
Seismic Zone: B
Soil Bearing Capacity: 1,500 psf
C. Permitting
Manufacturer/installer shall provide and submit all drawings, calculations, and
information necessary to obtain a building permit from the City of Kent, Documents shall
include but are not limited to:
a. Washington State L&l approved trailer coustruction plans,
1
2
3
4
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Exhibit A
b. Drawings and structnral calculations certified by a structural engineer for tlre
foundation system, tie downs, and for the stairs and ramps,
c, GeneralManufacturer'slnstructionsd, Printed instructions for delivery and installation indicating any special procedures
or perimeter conditions requiring special attention for installation.
D, lnstallation
1, The Contractor shall provide and set blocking and leveling and connect the trailer units.
2, Tlie office trailer shall be weather tight when joined, with all interior ancl exterior joints
sealed.
3, The Contractor shall remove tongue and tires to be stored under the unit.
4. Contractor shall provide and install tie down materials, skirting, stairs and ADA ramp
components,
5. The Confactor shall connect the trailer to power and gas as located on drawings, Owner
will apply and pay for PSE service connection, Contractor to acquire all necessary
installation permits,
6. Tlie Contractor shall provicle all necessary materials, including all labor, equipment and
incidentals required for completion of the trailer installation,
'l , Contractor to províde connecting fencing around new mo<lular building as shown,
E. Acceptance
The trailer shall have insignia of approvai from Washington State Department of Labor
and Industries.
2.3 ADJUS'I'iNO
Doors: After completing installation, test ancl adjust doors to operate easily' free of warp, twist,
or distortion.
Door Hardware: Adjust and check each operating item of door hardware and each door to
ensure proper op.ruiion and function of every unit, Replace units that cannot be adjusted to
operate as intended,
_
Windows: Acijust operating sashes and ventilators, screens, harclware, and accessories for a tight
fit at contact" poinis and ã weather stripping to ensure smooth operation and weathertight
closure, Lubricate hardware and moving parts,
CLEANING AND PROTECTION
Remove and replace glas.s that has been broken, chipped, cracked, abraded, or damaged during
construction period,
Touchup Painting: After erection, promptly clean, prepare, and prime or reprime field
connectiotts, rust spots, and accessories.
Doors and Frames: Immecliately after installation, sand rusted or darnagecl areas of prime coat
until srnooth and apply touchup of compatible air'clrying primer.
A.
B,
c
')^
A.
B,
C.
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Exhibit A
D,
E
l. Immedìately before final inspection, remove protective wrappings from doors and
frames,
Windowst Clean metal surfaces immediately after installing windows, Avoid damaging
protective coâtings and finishes. Remove excess sealants, glazing materials, dirt, and other
iubstances, Clean factory-glazed glass immediately after installing windows.
Louvers: Clean exposed surfaces that are not protected by temporary covering, to remove
fingerprints and soii during construction period, Do not let soil accumulate until frnal cleaning'
l, Restore louvers damaged during installation and construction period so no evidence
remains of conective work, If results of restoration are unsuccessful, as determined by
Architect, remove damaged units and replace with new units,
^. Touch up minor abræions in finishes with air-dried coating that matches color and
gloss of, and is compatible with, factory-applied frnish coating'
END OF SECTION 133419
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Exhibir A
$pcTIoN p23114
CHAIN LINK FENCES AND GATES
PART I - GENERAL
1.1 RIII,ATEDDOCIJMENTS
A.Drawings and general provisions of the Contract, including General and Supplernetitary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2 SUMMARY
A. Section Includes:
Chain-link fences,
Swing gates,
Barbed wire
Housing for card reader
B Related Requirements:
l. Section 033000 "Cast-in'Place Concrete" for cast-in-place concrete post footings.
1.3 ACTION SUBMITTALS
A Product Data: For each type of prociuct.
l. Inclucle construction details, material descriptions, dimensions of indiviciual components
and profìies, and fÌnishes for the following:
a. Fence and gate posts, raíls, and frttings.
b, Chain-link fabric, reinforcementsn and attachments'
c. Gates and hardware,
1.4
A.
I
2
4
B Shop Drawings: For each type of fence and gate assembly.
1. Include plans, elevationsn sections, cletails, and attachments to other work.
2, lnclude accessories, hardware, gate operation, and operational clearances'
FIELD CONDITIONS
Fielcl Measurements: Verify layout infonnation for chain-link fences and gates shown on
Drawings in reiation to property survey and existing structures, Verify dimensions by field
measurements,
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Exhibit A
al
PART 2. PRODUCTS
A,
CHAIN-LINI( FENCE FABRIC
Generall Provide fabric in one-piece heights measured between top and bottom of outer edge of
selvage knuckle or twist accoiding to ;CLFMI Product Manual" and requirements indicated
below:
1, Fabric Height: 6' high as indicated on Drawings.
2, Steel Wire for Fabric: Wire diameter of 0,120 inch.
a. Mesh Size: 2 inches
b, Polymer-Coated Fabric, Color: Black, accorcling to ASTM F 934'
3, Selvage: Twisted top and knuckled bottom'
4, 12" of barbed wire at toP,
))FENCE FRAMEWORK
A, posts and Rails: ASTM F 1043 for framervork, including rails, braces, and line; terminal; and
corner posts, Provide members with rninimum dimensions and wall thickness according to
ASTM F 1043 based on the following:
1. Fence Height: 72 inches,
2. t-ight-lndustrial-Strength Material
tr. Line Post; 2.375 inches (60 mm) in diameter minimum,
b. End, Corner, and Pull Posts: 4.0 inches.
Horizontal Framework Members: Intermediate, top and bottom rails according to
ASTM F 1043,
a, Top Rail: l.ó6 inches (42 nm) in dìameter.
Brace Rails: ASTM F 1043.
Metallic Coating for Steel Framework:
a, Type A: Not less thatr minimum 2,0-oz,/sq. ft, (0.61-kg/sq. m) average zinc coating
aðcording to ASTM Al23lA 123M or 4.1-oz,ßq, ft, (1,22-kglsq. m) zinc coating
according to ASTM A653lA 653M,
b, Type B: Zinc with organic overcoat, consisting of a minimum of 0,9 oz./sq, ft, (0,21
kg/ìq, m) of zinc after welding, a chromate conversíon coating, and a clear,
verifiable polymer lilm.
c. External, Type B: Zinc with organic overcoat, consisting of a minimum of 0.9 oz./sq.
ft. (0,2i kdsq, m) of zinc after welding, a chromate conversion coating, and a cleat,
verifïable þolymer film, Internal, Type D, consisting of 8l percent, not less than 0,3-
mil- (0,0076-mm-) thick, zinc-pigmented coating,
d. TypeC: Zn-S-AI-MM alloy, consisting of not less than 1.8-oz./sq. ft, (0'55-
kg/sq, m) coating.
e, Coatings: Any coating above.
J
4
5
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Exhibit A
Polymer coating over metallic coating,
a. Color: Black, according to ASTM F 934.
2,3 SWING GATES
A. General: ASTM F 900 for gate posts and single swing gate types.
Gate Leaf Width: 36 inches
Framework Member Sizes and Strength: Based on gate fabric heiglit,
Provide security panels to prevent unauthorized entry from the outside.
B. Pipe and Tubing: Same as fabric framing.
C, Hardware
l. Hingesr l8O-degree outward swing,
2, Latch: Panic hardware, Von Duprin 98 series or equal, Provide housing for electric strike,
Electric strike by others. Provide security panels at hardwareto pr€vent unauthorized entry
from the outside.
6
I
2
3
)¿.
A,
B.
c,
D.
FITTINGS
Provide frttings according to ASTM F 626.
Post Caps: Provide for each post.
1, Provide line post caps with loop to receive tension wire or top rail
Rail and Brace Ends: For each gate, corner, pull, and end post,
Rail F'ittings: Plovide the following:
1, Top Rail Sleeves: Pressecl-steel or round-steel tubing not less than 6 inches (152 rnm) long.
2, Rail Clarnps: Line and corner boulevard clarnps for connecting intermediate and bottom
rails to posts.
E, Tension and Brace Bands: Pressed steel.
F. Tension Bars: Steel, length not less than 2 inches (50 mm) shorter than full height of chain-link
fabric. Provide one bar for each gate and end post, and two for each corner and pull post, unless
fabric is integrally woven into post,
G. Tie Wites, Clips, and Fasteners: Accorciing to ASTM F 626.
H, Barbed Wire Arms: In compliance with ASTM F626, pressecl steel galvanized after fabrication,
minimunrzinccoatingof 1.20 oz,lfÊ (366{m2),capableofsupportingavertical 250lb(113
kg) load, fType I - three strand 45 clegree (0,785 rad) arm] [Type II - three strand veftical arm]
lType ill - "V" shapecl six strancl arm]
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Exhibit A
2,5 BARBED WIRE
Metallic Coated Steel Barbecl Wire: Comply with ASTM 4121, Design Number 12-4'5-14R'
clouble l2-Yz gauge(0,099 in,) (2.51 mm) iwisted strand wire, with 4 point 14 gauge (0,080.in.)
(2.03 mrn) roin¿lbuiUr spaced 5 inches (127 mm) on center. Match-coating type to that of the
òhuin linkfubric. <12-4-5-14R is specifrcally designed for chain link fence applications> <InseÉ
material coating specification including type and class when applicable>
1 , Coating Type Z- Zinc-coated: Strand wire coating Type Z, Class 3, A.80 oz|ft' (254 g/m')'
barb coating 0,70 ozJft' (215{m'1}
PART 3 - EXECUTION
3,1
3,2
3.J
À
B.
EXAMINATION
Examine areas and conclitions, with Installer present, for compliance with requirements for
earthwork, pavement work, and other conditions affecting performance of the Work,
l. Do not begin irrstallation before final gracling is completed unless otherwise permitted by
Architect.
Proceed with installation only after unsatisfactory conditions have been corrected,
PREPARATION
A. Stake locations of fence lines, gates, and terminal posts, lndicate locations of utilities, lawn
sprinkler Sy5tem, underground structures, benchmarks, and property monuments.
CHAIN-LINK FENCE INSTALLATION
A, Install chain,link fencing according to ASTM F 567 and more stringent tequirements specifiecl.
1, Install fencing on established boundary lines inside property line'
B. Post Excavation: Drill or hand-excavate holes for posts to diameters and spacings indicated, in
frrm, undisturbed soil.
C. Post Setting: Set posts in concrete at indicated spacing into fìrm, undisturbed soil'
1, Verify that posts are set plumb, aligned, and at correct height and spacing, and hold in
position during setting with concrete or mechanical devices.
2, boncrete Fiill Place concrete around posts to dimensions indicated and vibrate or tamp for
consolidation, Protect aboveglound porlion of posts fì'otn concrete splatter,
D, Terminal Postst Install terminal end, corner, and gate posts accot'ding to ASTM F 567,
E, Line Posts: Space line posts unifonnly at 96 inches o,c,
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Exhibit A
Post Bracing and Intermediate Rails: Install accorcling to ASTM F 567, maintaining plunib
position and alignment of fence posts, Diagonally brace terminal posts to adjacent line posts r.vith
truss rods and turnbuckles, Install braces at end and gate posts and at both sides ofconter and pull
posts.
1, Locate horizontal braces at midheight of fabric,
G. Top Rail: Install accorcling to ASTM F 567, rnaintaining plumb position and alignment of fence
posts. Run rail continuously through line post caps, bending to radius for curved runs and
terminating into rail end attached to posts or post caps fabricated to receive rail at terminal posts,
Provide expansion couplings as recommended in writing by fencing manufacturer.
H. Intermecliate and Bottom Rails: Secure to posts witlr fittings.
l. Chain-Link Fabric: Apply fabric to outside of enclosing framework. Leave 1-incli (25-rnrn bottom
clearance betweeu frnish grade or surface and bottotn selvage unless otherwise indicated, Pull
fabric taut ancl tie to posts, rails, and tension wires, Anchor to framework so fabric remains ttnciet'
tension after pulling force is released,
J. Tension or Stretcher Bars; Thread through fabric and secure to end, cornero pull, and gate posts,
with tension bands spaced not more than 15 inches (380 mm) o,c,
K. Tie Wires: Use wire of proper length to firmly secure fabric to line posts ancl rails. Attach wire at
one end to chain-link fabric, wrap wire around post a minitnutn of 180 degrees, and attach other
encl to chain-link J'abric according to ASTM F 626, Bend encls of wire to minitnize hazarcl to
inclividuals and clothing.
1, Maximum Spacing: Tie fabric to line posts at 12 inches (300 rnrn) o.c, and to braces at 24
inohes (610 mm) o,c.
3,4 BARBED WIRE INSTALLATION
Bar.bed Wire: Stretched taut between terminal posts and secured in the slots provided on the line
post barb anns, Attach each strand of barbed wire to the terminal post usittg a brace .band.
<lndicate type of barb armn Type I, 1l oL III and clirectioti [inward] loutward] for installation of
Type I arm. >
3,5 GATE INSTALLATION
lnstall gates according to manufacturer's writtett instructions, level, plrrmb, and sectlre for fLrll
opening without interference, Attach fabric as for fencing, Attach hardware using tamper-resistant
oi conðealed meâns, Install grouncl-set items in concrete for anchorage, Acljust harclware I'or
smooth operation,
A
3,6 ADJUSTINO
Cates: Adjust gates to operate snroothly, easily, and quietly, fi'ee of binciing, warp, excessive
cleflection, distortion, nonalignment, misplacement, disruption, or malfunction, throughout entire
operational range, Confrrrn that latches and locks engage accurately ancl securely without forcing
or binding,
A
F
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Exhibit A
B, Lubricate hardwat'e allct other moving pat1s.
END OF SECTION
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Exhibit A
SECTION 334100
SITI' UTILITIES
PART 1 - CENERAL
l.l General:
PART 2. PRODUCTS
2.1 General
A.
B.
Relatecl Documents: The General Conditions and the Supplementary Conditions shall
apply to the work specifìed in this Section.
Description of Work: The work of this Section shall include all labor, materials ancl
equipment required to complete the Site Utitities work as shown on tlte Drawings and as
specified herein.
Work lncluded: The work of this Section shall include, but is not limited to the
following;
Asphalt cutting,
Trenching, bedcling and backfilling for conduit for power and gas line.
Gas line installation
Secondary electrical power conduit installation,
Asphalt patching,
Quality Assurance:
1. Specifìcations: References in these Specifications to the "Standard
Specifications" shall mean the current Standard SpeciJìcationsþr Roads, Bridge,
and Municipal Construction,by the Washington State Depaffment of
Transportation and the American Public Works Association as adopted by the
City. Alt construction work shall be performed in accordance with the latest
edition of tlie Standard Specifrcations, All iterns in the Standard Specifications
relating to payment, change orders claims, lime and the like are not applicable to
this contract,
Submittalsl Submit four (4) copies of manuf'acturer's data on all required piping and
conduit materials prior to staft of construction,
c.
L
)
4,
D
E.
B
All matelials shall be delivered in sound condition. Care should be taken to protect any
exterior coatings and linings during allphæes of the work, Place no material of any kind
inside any piece of pipe or fitting during handling, storage or transit. Materials shall be
stored in a protected area,
Any damaged item shall be repaired, as directed, if in the opinion of the Architect can be
made; otherwise, the damaged section shall be replaced at the expettse of the Contractor,
Site Utilities 3341 00-l
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Exhibit A
C.
2,2 Materials:
PART 3 - EXECUTION
3. 1 General:
3.2 Trench Excavation:
A
AII conduit systems shall be constructed from the materials shown and to the lines,
grades and dinrensions shown, Where not sliown, the conduits shall be locatecl to avoid
interfel'ence with other features or utilities,
'l'renching & Backfi lling:
L Bedding Material: Shall be clean sand/gravel mixture free frotn organic mattet'
and confonning to section 9-03, 1 2(3) of the Standarcl specifìcations,
2, Trench Backfill:
a, Trench Backfrll: Shall be naturally occurring or screenecl gravel,
essentially free from varioLls types of wood waste or other extraneotls or
objectionable materials conforming to Section 9-03,19 of the Standard
Specifications.
b, Material shatl be obtained fì'om required excavations or other Contractor
i'urnished sotlrces approved by the Alchitect.
Storrn Drainage system: All methods ancl materials shall meet City Standarcls ancl the
cun'ent "KingCounty Surface Water Manual Design Manual", unless otlierwise
approved, anã as indicated on the clrarvings, If in conflict, tire City standards and
requirements shall apply.
B
A
B
c
D
Coordination: Coorclinate all utility installation and connections with appropriate utility
companies and the City. Patching of street crossings, sidewalks, curbs and gutters,
asphalt or concrete shall be in accordance with the Standard Specifìcations and City
Standard Plans,
All conduit or piping and fittings shall be installed in strict ¿tccordance with
rnanufacturet's'recommendations, the drawings, these specifications, and in the best
commercial trade practice, Any special tools required for laying, jointing, cutting, etc',
shall be supplied and ploperly used. All pipe or conduit shall be thoroughly cleaned
before laying and shall be kept clean until accepted in the completed work and when laid,
shall conform accurately to the lines and gracles given. At all times during pipe or
conduit laying operations, the ffench shall be kept free ofwater.
ln case defects are revealed by inspection, the C<¡ntractol shall replace the clefective
pieces and shaÌl bear the expense.
Compaction: References in these specifications to specifìc percentage values for required
compaction of soils are a percentagc of the maxitnum dry density as defined and
deteimined by the American Society of Testing and Materials (ASTM), Designation D-
1557, The Owner will engage the services of an approved testing laboratoly to verify
that the compaction density percentages specifred herein have been achieved,
Site Utilities 334 l 00-2
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Exhibit A
A,
B.
All trench excavation work shall be in strict accordance with Division 3 1, Earthwork and
Trench Safety, and as follows,
Excavate trenches to indicatecl gradients, lines, depths, and elevations,
a. Beyond building perimeter, excavate trenches io allow installation of top of pipe
below frost line of I 8" ifno other grades are indicated,
b. Excavate trenches to uniform widths to provide a working clearance on each side of
pipe or conduit. Excavate trench walls vertically from trench bottom to 12 inches
(300 mm) higher than top of pipe or conduit, unless otherwise indicatecl
i, Clearance: l2 inches (300 mrn) on each side of pipe or condt¡it,
ii. Trerrch Bottoms: Excavate trenches 4 inches (100 mrn) deeper than botto¡n
of pipe elevation to allow for bedding course, Hand excavate for bell of
pipe, Excavate trenches 6 inches (150 mm) deeper than elevation required
in rock or other unyielding bearing material to allow for bedding course.
3.3 Trcnch Backfill:
A.
D
E
F.
c
B.
c,
Place and compact bedding course on trench bottot¡s and where indicated, Shape
bedding course to provide continuous $upport for bells, ìoints, and banels of pipes and
forjoints, fittings, and bodies ofconduits,
Backfill trenches excavated under footings and within 18 inches (450 mm) of bottom of
foolings; fiI1 with concrete to elevation of bottom of footings'
Provide 4-inch- (100-mm-) thick, concrete-base slab support for piping or conduit less
than 30 inches (750 mm) below surface of roadways. After installing and testing,
completely encase piping or conduit in a minimum of 4 inches (100 mm) of concrete
before backfitling or placing roadway subbase,
Place and compact initial backfìll of subbase material, free of particles larger than I incli
(25 rnm), to a height of 12 inches (300 mm) over the utility pipe or conduit.
Carefully compact material under pipe haunches and bring backfill evenly up on both
sicles ancl along the full length of utility piping or conduit to avoid damage or
displacement of utility system,
Coordinate back{illing with utilities testing.
Fill voids with approved backfilt materials while shoring and bracing, and as sheeting is
removed.
Place ancl compact finalbackfillof satisfactory soilmaterialto fìnal subgrade.
Revise tape depths to suit offìce practice.
Trenches shall not be backfilled until measurements have been made for the as-builts.
H
Site Utilities 3341 00-3
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Exhibit A t
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3,4
3,5
J, Patch æphalt with equivaient depth of æphalt and crack seal edges.
END OF SECTION 334100
Site Restoration: Upon completion of all work the site shall be cleaned up and restored to a
condition equal to oi better than that existing prior to start. All debris shall be removed and
disturbed earth shall be compacted,
As-Builts: Contraotor shall provide one set of accurate red lined drawings indicatinges'bullt
condition of all of the work.- Said æ-builts shall be delivered to the City prior to 100% pay
application,
)
site utilities 334100-4
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ST]OP TACiLI îY \ICDULAR BTJILDII\G
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Exhibit A @
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EXHIBIT A
CITY OF KENT
KING COUNTY, WASHINGTON
Request for Blds
Kent Shop Facility Modular Building
BIDS ACCEPTED UNTIL
October 2nd, 2018
2:00 p.m.
Bid Opening Immedlately Following
AT
CITY OF KENT
CENTENNIAL CENTER BUILDING
Facilities office, 400 West Gowe, Suite 106, Kent, WA 98032
Nate Harper
Project Coordinator
KENT
WAsHtNotoN
BIDDER'S NA de"or'd i sô #qÉ
5.a
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Exhibit A
CONTRACTOR'S QUALIFICATION STATEMENT
(RCW 39.04.350)
THE CITY WILL REVIEW THE CONTRACTOR'S ,RE.SPONS¿"S TO THIS FORM TO
DETERMINE WHETHER THE BIDÐTNG CONTRACTORIS.R.E'SPON^'/B LE TO PERFORM
THE CONTRACT WORK. THIS FORM RNSUIRES CRITERIA ESTAßLTSHED BY STATE
LAW AS WELL AS ST]PPLEMENTAL CNTERIA ESTABLISHED BY THE CITY THAT ARE
APPLICABLE TO THIS PUBLIC WORKS PROTECT,
THE BIDDER SHOALD READ AND RESPOND TO THIS FORM CAREFULLY,
Indicia of contractor's responsibility inherently involve subjective determinations as to the
contractor's ability to perform and complete the contract work responsibly and to the owner city's
satisfaction. The city has an obligation and a duty to its citizens and its tâxpayers to administer its
budgets and complete its projects in a businesslike manner. Accordingly, it has a duty to exercise
the type of inquiry and discretion a business would conduct when selecting a contractor who will be
responsible to perfomr the contract work.
The city's supplemental criteria are based, in large part, on the qualifîcation statement form used by
the American Institute of Architects. The city provides these criteria so as to provide the most
objective framework possible within which the city will make its decision regarding the bidder's
aUltity to be responsible to perform the contract work, These criteria, taken together, will fbrm the
basis for the city's decision that a biddcr is or is not responsible to pcrform the contract work.
Aly bidder may make a formal written request to the city to modify the criteria set forth in this
quálification statement, but that request may only be made within 48 hours of the clate and tirne that
tüe biddcr first obtains the bid documents or three (3) business days prior to the scheduled bid
operring date, whichever occurs frrst, If the city receives a modifïcation request, it will consider any
informãtion submitted in the request and will respond before the bid submittal deadline, If the
city's evaluation results in changéd criteria, the city will issue an addendum establishing the lìe'w or
modified criteria.
If the city cletermines that, based on the criteria established in this statement, a bidder is not
responsibíe to perfonn the contract work, the city will provide writteu notice of its detennination
thaì will incl¡de the city's reason for its decision, The bidder has 24 honrs from the tirne the city
delivers written notice io thc bidder that the bidder is not responsible to perform the coutract work
to appeal the city's cletermination, No appeals will be received after thc expiration of the 24 hour
uppåát period. The city may deliver this notice by hand dclivery, email, facsimile, or regular mail.
mì¡e event the city uses regular mail, the delivery will be deemed completc three days afterbeing
placed in the U.S. Mail. The bidcler's right to appeal is limited to the single retnedy of providing
ihe city with additional infonnation to be considererl before the city issues a frnal determinatiotr.
Biddei acknowledges and understands that, as provided by RCW 39.04,350, no other appeal is
allowed ancl no other remedy of any kind or nature is available to the bidding contractor if the City
determines that the bidder is uot responsible to perfomr the contract work,
If the bidder faiis to request a ruodification within the tirne allowed, or fails to appeal a
clctennination that the bidàer is not responsible within the time allowed, the city will make its
determination of bidder responsibility basecl on the itiformation subrnitted.
Contractol''s Qualifìcatiotts Statement 002100 - I
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Exhibit A
COMPLETE AND SIGN TTTIS FORM AS PART OF YAT]R BID, FAILURE TO PROPERLY
COMPLETE THIS FORM MAY ALSO RES(ILT IN A DETERMINATION TIIÁT YOUR BID
/S NO/V./T¿-SPONSIVE AND THEREFORE VOID,
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION
WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR
MODIFICATION.
The undersigned certifïes under oath that the information provided herein is true and suffrciently
complete so as not to be misleading.
SUBMITTED BY ir.K ,'t
NAME:Qr l4 s s
ADDRESS: I {çO 'Í orA u¿s¡-,r* qrio t't1
Pou,(-
PRINCIPAL OFFICE:
ADDRESS:
PHONE:
FAX:
I
J
1 ,{ q 3 Pa,4+r û-a ol
frl o I 13 2ç
tact . 6?27
STATUTORY REQUIREMENTS
1.1 Provide a copy of your certifîcate of registration in compliance with chapter 18,27
RCV/.
1,2 Provide your current state unifiecl business identifrer number
1,3 Provide all applicable industrial insurance coverage for your employees working in
Washington as required in Title 51 RCW, together with an employrnent security
department number as required in Title 50 RCW, and a state excise tax registration
number as required in Title 82 RCW.
1.4 Provide a statement, signed by a person with authority to act and speak for your
company, that your company, including any subsidialy companies or affrliated
companies under majority ownership or under control by the owners of the bidder's
company, are not and have not been in the past three (3) years, disqualified from
bidding on any public works contract under RCW 39,06,010 ot 39,12.065 (3),
ORGANIZATION
2.1 How many years has your organization been in business as a Contractor?
t',How many years has your organization been in business under its present business
nanre?
Contractor's QualilÌcations Statement 002 100 - 2
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Exhibit A
2,2,1 Under what other or former names has your organization operated?
2,3 If your organization is a corporation, answer tlie following:
2,3,1
2.3.2
2,3.3
2.3.4
2.3.5
2.3.6
Date of incorporation:
State of incorporation :
President's name:
Vice-president's name(s):
Secretary's name:
Treasurer's name:
2.4 If your organization is a partnership, answer the following:
2.4,1 Date of organization:
2.4.2 Type of partnership (if applicable):
2.4,3 Narne(s) of general partner(s):
2.5 If your organization is individually owned, answer the following:
2.5,1 Date of organization:
2,5,2 Name of owner:
2,6 Ifthe fonn ofyour organization is other than those listed above, describe it and nanre
the principalsl
3. LICENSING
3.1 List jurisdictions anci trade categories in which your organization is legally qualified
to do business, and indicate license nuntbers, if applicable.
3,2 List jurisdictions in which your organization's partnership or trade name is fïled'
4, EXPERIENCE
4,1 List the categories of work that your organization normally performs with its own
forces,
4.2 Clairns and Suits, (If the answer to any of the questions below is yes, piease attach
details.)
4,2.1 Has your orga¡ization ever failed to cotnplete any work ¿lwarcled to it?
4,2,,2 Are i¡c¡e uriyiudgn1.nts, ciaims, arbitration proceeclings ar srtits pending or
outstancling agairtst your orgartization or its officers?
4,2,3 Has your Jrganizarión frled any law suits or reqttested arbitration with regard
to construction contracts within the last five years?
4,3 V/ithin the last five years, has any offïcer or principal of your organization ever been
an offrcer or principal of another orgarrization when it failed to colnplete a
constructio¡ contract? (If the answer is yes, please attach details.)
Contractor's Qualifìcations State¡nent 002100 - 3
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Exhibit A
On a separate sheet, list major constructíon projects your organization has in
progress, giving the name of project, o\ryner, architect or design engineer, contract
alnount, percent complete and scheduled completion date.
4,4,1 State total worth of work in progress and under contract:
On a separate sheet, list the major projects your organization has cornpleted in the
past five years, giving the name of project, owner, architect or design engineer,
contract amount, date of completion and percentage of the cost of the work
performed with your own forces,
4.5.1 State average annual amount of construction work performed during the past
frve years:
On a separate sheet, list the construction experience and present commitments of the
key individuals of your organization.
4,7 On a separate sheet, list your major equipment.
5, REF'ERENCES
4.4
4,5
4.6
5.1
5.2
5.3
Trade References:
Bank Ref'erencos:
Surety:
5.3.1 Name of bonding company:
5.3,2 Name and address of agent:
6. FINANCING
6.1 Financial Statement
After bid opening, the City may require the following financial information from any
of the three apparent low bidders. If so required, the selected bidder(s) must respond
with this financial information within 24 hours of the City's request for that
information. The City's request for this information shall not be construecl as an
award ol'as an intent to award the contract, A bidder's faìlure or refusal to provide
this information may result in rejection of that bidder's bid,
ó.1.1 Attach a frnancial statement, preferably audited, including your organization's
latest balance sheet and income statement showing the following items:
Current Assets (e.g,, cash, joint venture accounts, accounts receivable, notes
receivable, accrued incorne, deposits, materials inventory and prepaid
expenses);
Net Fixed Assets;
Contractor's Qualifications Statement 002100 - 4
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Exhibit A
Other Assets;
Current Liabiiities (e.g,, accounts payable, notes payable, accrued expenses,
provision for incoure taxes, advances, accrued salaries and accrued payroll
taxes);Other Liabilities (e.g., capital, capital stock, authorized and
outstanding shares par values, earned surplus and retained earnings).
6,1.2 Name and address of frrm preparing attached financial statement, and date
thereof:
6.1.3 Is the attached fînancial statement for the identical organization named on
page one?
6.L.4 If not, explain the relationship and financial responsibility of the organization
wirosc fînancial statement is provided (e,g., parent-subsidiary).
6,2 Will the organization whose financial statement is attached act as guarantor of the
contract for construction?
7. SIGNATURE
7,1 Dared at rhis i tlt oay or Oc{"r 20t(
Name of Organization:oler ß (¡,slt t
lL;r.ikrrl tVt)l
^
By:
Title:A 5a Maaa
N?tL,
$tat€ of WA
County of ßlng
Signoture NotLtrY Commission ExPlnt
HARSH KALRA
NOTARY PUBLIC
STATE OF WASHINGTON
COMÀ,IiSSION EXPIRES
ocToBER 29,202A
Contractor's Qualifìcations Statement 002100 - s
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Exhibit A
^-tz\L-
nnIG'
MOITERN EUILIIINE 5Y5TEM5, lNE.
Thc Smø,rt Chobe..,"
GENERAL INFORMATION
Founded in 1971, Modern Building Systems, lnc. has been providing complete,
award winning, turnkey packages, including design and engineer¡ng, to property
and business owners looking for cosþeffective construction of single and multi-story
buildings. For professional offices and medical clinics, convenience stores and
service stations, motels and lodges, classrooms, sales otfices, storage units and
more, Modern delivers customized, quality, environmentally friendly building
solutions. Our objective is a satisfied customer whose building needs have been
met.
Modern Building Systems, lnc, was incorporated and has been doing business
since December 1971, and is the oldest continuously licensed manufacturer in
Oregon. During these operating years, our company has been active in all phases
of construction, including designing, engineering, manufacturing, marketing and
planning services for its customers. Our management team; of fifteen professionals
have a combined total of over 200 years of construction management experience.
Modular construction offers significant savings over traditional, site-built
construction. Units and components are factory-built allowing construction to occur
during any season. Our units are installed quickly, saving time and reducing costs.
Earnings and cash are generated earlier from being able to open for business
sooner, The complete turnkey project, with Modern Building Systems, lnc.
experienced management team, mean fewer project management or multiple
resource management headaches.
The manufacturing facility and office are located on 37 acres approximately 12
miles east of Salem, Oregon. The site is strategically located, being only 3 miles
from Highway 22 for ease of travel east and west, Nearby lnterstate l-5 provides
for travel north and south. The close proximity of Portland's docks facilitates export
of manufactured products. The site also has access to rail,
Current operations use approximately 25 acres of the total 37 acres, Total square
footage of the buildings is 230,000 square feet. Modern Building Systems, lnc.
uses approximately 60,000 square feet for manufacturing modular buildings, 30,000
for panelized and component manufacturing and the balance for precutting,
warehousing and material handling or is leased to others. The corporate
headquarters office space is 6,000 square feet. 16 acres of storage yard, graveled
for receiving, assembly and storage space is used. The balance of building space
and acreage will be used for future expansion as our customer's needs increase
and to maintain timely delivery schedules. Equipment consists of overhead cranes,
forklifts, saws, trailers, compressors, pneumatic tools, etc, required to fabricate our
products.
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Exhibit A
The company's products include single and multi-story offices, duplexes, motels,
clinics, classrooms, minimum security prison space, and single-family dwellings
throughout Oregon, Washington, ldaho, Northern California, Alaska... and now
internationally. Our company has earned an excellent reputation for customer
service and quality built structures.
The two basic products currently manufactured at this plant are components and
modular buildings. Components are defined as two-dimensional building parts such
as wall panels, floor decks, roof decks, etc. The wall panels consist of the frame
studs, exterior siding and windows. The interior surface is usually without electrical,
plumbing and trim. The components are assembled at job site into a building shell.
Modules are three-dimensional units complete with wiring, plumbing, heating, and
interior finish. The only job site work is the trim and utility connections at the
module joints. The number of modules varies with building size and the modules
can be joined side-by-side, end-to-end, stacked and can have different widths and
lengths, Modular and component construction can be combined in a single project.
When a custom modular building is complete, generally they appear to have been
site-built and are permanent facilities,
Modern Building Systems, lnc. became involved in the B.R.A.G. (Business
Recycling Awards Group) program to help conserve resources by reducing waste,
recycling and buying recycled products, Modern Building Systems, lnc. is
distinguished as an "advanced program member for our extra efforts of
involvernent, The Marion County Board of Commissioners gave us the
"Recycler of the Yea/' award.
Modern Building Systems, lnc,, was the recipient of the Department of Energy SBIR
grant to researCh and develop more energy etficient Modular Buildings. The grant
órovided for research on several prototype buildings that will be monitored over
several years.
Modern Building Systems, lnc. received numerous awards/plaques through the
Modular Building lnstitute " Awards of Distinction Program"' There have been
awards, which iñclude a 4-story dormitory constructed in Kotzebue, Alaska and an
office building located in Portland, Oregon, Our company was awarde.d two first
place prizes ánd one honorable mention for modular projects and marketing pieces
completed.
One of the most prestigious awards given by Automated Builder was awarded to
Modern Building'Systems, lnc, for "Excellence in Portable Classroom Design"'
Based on endorsements from our employees and area businesses the Salem Area
Chamber of Commerce recognized lVlodern Building Systems as its "Employer of
the Year,"
As evidenced by the fact that over 60% of our business is from repeat customers,
Modern Buildiné Systems, lnc. believes that providing service and support beyond
the customers expêctations is paramount to future success. ln addition, to further
assist and provide the added support, Modern Building Systems, lnc. hired an
additional Service Coordinator to facilitate projects.
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Exhibit A
MANUFACTURING LOCATION
Mailing Address: P,O. Box 110
Aumsville, OR 97325
Street Address: 9493 Porter Rd
Aumsville, OR 97325
HYPERLI NK http ://www. mbs-modular,com
www.mbs-modular,com
FINANCIAL REFERENCES
BANKING:
Wells Fargo Bank, Commercial Banking Office, 580 State Street Salem, OR 97301
Contact: Bruce Breitling Phone: (503) 945-2396 Fax: (503) 945'2311
BONDING:
Anchor lnsurance & Surety, lnc.
100 CenturyTower, 1201 SW 12th Ave., Portland, OR 97205
Contact: Phil Forker (503) 224-2504
Modern Building Systems, lnc, is currently a member of the following associations
Modular Building lnstitute
National Association of Home Builders
Cascade Employers Association
National Federation of lndependent Business
World Trade Center - Portland, Oregon Oregon Building Officials Association
U.S. Chamber of Commerce
Western Oregon lnternational Trade Council
Salem Economic Development Corporation
Salem Chamber of Commerce
Stayton Chamber of Commerce
The American lnstitute of Architects
MBSI provides support for the following partial list of organizations:
20 Years of continuous support for 4H & FFA
Association of Christian Schools lntl.
Administer school tours of facilities
Coalition for Adequate School Housing
Student lnterns & Work study at the High
Washington Association of School Admin, School & College level
Oregon School Boards Association
Aumsville Corn Festival
Citizens for Evergresn Schools
Salem Ballet Association
Special Olympics
Confederation of School Ad ministrato rs
Girl Scouts of America
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Exhibit A
MANAGEMENT TEAM 2OO2
JAMES L. RASMUSSEN - PRESIDENT
Mr. Rasmussen directs the day{o-day operations for the firm. He holds a Bachelor
of Science Degree in Financial Management from Oregon State University with
over 15 years in Contract Administration and construction management in
commercial construction. He holds various licenses in California, Oregon and
Washington. He is a current member of the Creekside Rotary, has served as
chairman of the board of the Salem Economic Development Corporation and is a
board member of the Modular Building lnstitute, the national association for
commercial modular producers. Mr. Rasmussen is an author of numerous trade
journal articles as well as a frequent guest speaker at conventions and forums. He
serves on the Construction Skills Training Technology Advisory Committee for
Chemeketa Community College and is a member of Salem Chamber Executive
Leadership Council, Mr. Rasmussen participates as a mentor for Graduate
Students in Willamette University's Atkinson Graduate School of Management. Mr.
Rasmussen has been an officer since 1989 and is a 50% shareholder in the
company,
KENNETH A. RASMUSSEN P.E, . VICE PRESIDENT
Mr, Rasmussen is a Professional Engineer in Oregon, Washington, California,
Nevada, ldaho, Alaska and Hawaii. He has over 20 years engineering experience
in the public and private sector. Ken has a degree in Engineering from Portland
State University, He oversees the Design and Engineering Department,
manufacturing process, quality control, and facilities management. Ken is a
member of Sta¡on Rotary and he serves on several committees for charitable
fundraising events. He has hosted severaltrade missions and cultural exchanges
from arouñd the world. Mr. Rasmussen has been an officer of the company since
1994 and is a 50% shareholder.
KËNNETH MERO . VICE PRESIDENT - SALES
Mr. Mero joined the company in 1995 to coordinate project sales. Ken has a
áácfreloré Degree in Busineås Administration from Southern Oregon State College'
His backgrouñd includes over ten years experience selling / leasing and managing
modularfiuilding projects, Ken haô managed over 1000 buildings in a lea.se fleet in
Seat¡e, Washingion, ne is currently responsible for the marketing and sales
functions of the ıompany; including estimating and forecasting. Ken is also
responsible for the deveiopment and growth of MBS Leasing, which iq th-9.
renial/leasing division for the company. Mr, Mero serves on the board of the
Modular Building lnstitute and coaches Little League Baseball.
SHELLY BAUGHMAN - SALES/LEASING COORDINATOR
Shelly joined Modern Building Systems, lnc. in 1994. With over nine years in the
moUiieirnodular industry, Shelty-has taken on a variety of duties, including:
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Exhibit A
marketi ng/advertising, trade shows p romotions, customer assistance, stream li n i ng
otfice procedures anð the training of otfice employees. ln 1995, Shelly moved into
the Sales/Leasing Department añd ¡s currently responsible for the scheduling and
coordination of lease building deliveries and installation.
STEVE HAYS - SALES/LEASING COORDINATOR
Mr. Hays joined the sales and leasing department in March of 2002. Steve has
been marketing modular buildings for four years and has 17 years of sales
experience, Hié sales background includes multiple line insurance and products for
peiroleum contractors. He has a bachelor's degree in telecommunications and film
from the University of Oregon.
KATHARINA LINGEMANN.SMITH - SALES/LEASING COORDINATOR
Mrs, Lingemann-Smith joined Modern Building Systems, lnc. in August of 2001 as
part of the sales/leasing team. Katharina has a Master Degree in Business from
ihe University of Hamburg/Germany. She has a background in leasing and fleet
management and was involved in international business start-ups, including all
marketing phases, sales, business management, legal operations and employee
training, Katharina is currently involved in all sales and leasing operations and is
responsible for the promotion and further development of the Washington market in
the Seattle location.
JOHN MOUILLE * DESIGN DEPARTMENT MANAGER
Mr. Mouille joined Modern Building Systems, lnc. in May of 1999 as an Architectural
Draftsman. He brought with him over thirteen years of CAD drafting and
construction management experience. John was promoted to Design Department
Manager in September of 2001, His responsibilities include overseeing all aspects
of the design phase for all projects, assuring plans are drawn to fulfill the customers
needs and wants, as well as making certain the drawings will pass state and local
building codes.
KEN HUIE - DESIGN DEPARTMENT ASSISTANT MANAGER
Mr, Huie joined Modern Building Systems, lnc, in June of 1993, since that time has
served to improve the per{ormance of the design department by managing our staff
of CAD Drafters, Ken's responsibilities include the day to day scheduling of drafting
work as well as maintaining our extensive CAD Libraries and Systems. Ken holds a
1980 technical degree in Architectural Drafting and Design from Phoenix lnstitute of
Technology.
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Exhibit A
BILL JOHNSON . PURCHASING MANAGER
Mr. Johnson joined the company ín 1980 as production employee. Bill brought with
him a 6-year background in custom woodworking. His employment with Modern
Building Systems, lnc, has allowed him to work all areas of production, Mr.
Johnson has over 20 years of experience with the company, including Saw Shop
Foreman and then Framing Foreman for 10 years. Beginning in March of 1995 he
began working as an estimator and managing the lnternational Sales Department,
ln 1996 Bill spent five weeks in Osaka, Japan overseeing the assembly of a
panelized housing project and training local carpenters. As Purchasing Manager he
is responsible for the procurement of all materials and supplies necessary to
support the production facility.
GUY COMBS - PRODUCTION MANAGER
Mr. Combs joined the company in 1980 as a plant laborer in the Shipping
Department. Guy has moved through all phases of the plant production line,
including 3 years in our Saw Shop and then 12 years with our Framing Department.
Mr, Combs became framing foreman in January of 1996, overseeing all framing
phases of the panelized components as well as insuring that all of the modular
buildings custom framing needs have been met, Mr. Combs Was promoted to
production manager in Aprilof 1996,
TAMMY BEYEL - SITE/SERVICE COORDINATOR
Tammy joined Modern Building Systems, lnc, in 1998 to aid in the coordination of
all service requirements for our customers. Tammy has been in the mobile/modular
industry, serving customers for over nine years. Tammy works directly with all
customers to ensure that their seryice needs are met with speed, accuracy and the
end result is customer satisfaction.
DARREL JONES - MAINTENANCEffRANSIT SUPERVISOR
Darreljoined Modern Building Systems, lnc. in 1991 as the Maintenanceffransit
Supervisor. Darrel handles all phases of plant and vehicle maintenance, including:
trip permits, vehicle upkeep, tool inventory, scheduling deliveries of all buildings
constructed by Modern Building Systems, lnc, and all MBS lease fleet buildings.
Darrel also assists the site department, ensuring proper module positioning as each
site has its own unique variation,
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Exhibit A
What some of our customers are saying,...'.
"lnitially, we were impressed with other structures they had built in and around the
Greater Vancouver area. I believe the common reaction from any commiüee person
was "l can't believe they are modular!" Many of us on the committee had
preconceived ideas as to what modular buildings were to look like, but after we saw
the buildings manufactured by Modern, our perspective of what was possible
changed dramatically.
I know how difficult it was to research and decide on a manufacturing company, but
by choosing Modern you have the satisfaction of knowing you are working with a
company who is honest, willing to work with you to help you get the most bang for
your buck, and who will not leave you hanging once you have occupied the
building.
My experience with Modern, from beginning to end, has been great; I highly
recommend Modern Building Systems, Ken Mero, and Calvin for whatever dream
you are trying to realize."
Very Gratefully Yours,
Nikki Skinner
Skinner Montessori
"l just wanted to say thank you again for your excellent service. We are enjoying our
new custom-designed modular office, MBS has far exceeded our expectations in
your product and service.
The few minor needs that have occurred have been taken care of promptly, Just
this past month, we had a door lock that needed some work and your office was
called. The response was quick and the lock fixed within a few days. While the
service rep was here, he noticed a board on the outside that needed to be replaced
and took care of it at the same time.
We would be happy to have our name listed as one of those who can highly
recommend MBS. Thank you again for your outstanding service and great staff in
the home office and out in the field."
Sincerely,
Bob Swope
Senior Pastor/President
Valley Life of the Assemblies of God
"On behalf of University Place School District, we thank you for providing us with
our two modular buildings, Statf at both facilities are pleased with their new
buildings. We are particularly pleased with the quality that went into the structures,
While you may not take this as a compliment, I have had a number of people
comment that they did not believe the buildings were modular.
It was a pleasure working with your design team and your on-site crew, John
Carpenter and his crew were efficient and conscientious, Should we have the need
to add modular structures in the future, we will be calling on you."
Sincerely,
Greg Paus
Construction Consultant
University Place School District
5.a
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Exhibit A
"From the beginning to the end, your people have performed above and beyond the
call of duty and have provided us with the building we need, in a timely fashion, and
within reasonable budget. Throughout the project, Modern Building Systems, lnc, @
has been extremely helpful in working with us and our engineering firm, in this fast
track project. Your companies willingness to compress schedules made a timely
accomplishment possible,"
Bill Elliott, P.E.
City of Portland, Oregon
Bureau of Water Works
"All Modern Building Systems, lnc. @ people demonstrated a professionalism and
competence that is commendable. The hard work, attention to detail, and cheefful
helpfulness was very much appreciated. Your responsiveness and willingness to
work closely with us was a major factor in our project's success, Your dedication to
getting the job done right, and on time, showed through again and again'"
Joe Nance
NACCO Materials Handling Group, lnc,
5.a
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Exhibit A
Proposal of /h .¿_1 )td;
sl]crloN 004000
BID PROPOSAL
Kent Shop Facility Modular Buildittg
s
ex under the laws of the State of Washington and Or'<¡1on OrJ(hereinafter called the "Biddet'"), organized
doing bqsiness as t* CorÙÖr*+'l) aA
({lnsert "a corporation", "â palületship", or "at1 individual")
To tlie OWNER (City of Kent):
In cornpliance with your invitation to Bid, the lliclder hereby proposes to luntish all labor and materials
specifiecl herein necessary for and incicleritattotlrecomplctionòf the work in stlicl accordancewiththe
iontract Documents, wittrln the tirne set forth hereitt, and at the lump sum price stated below (not
including \rySST),
A.LUMP SUM BASE BID:
The manufacture, delivery, and installation of a modular building and associated appurtenances as
shown on the drawirrgr una as specified in this project manual for the lump sum price (which does not
include Washington State Sales Taxes (tilSST))
À +flrau¿"/s213 zÁlwos (.v I \
(Antount ín (Amount in numbers)
B. WITHDRAWAL OF BID: No bidcler may witlrclraw his/her bici fol a period of sixty (60) calendar'
days after tlie day ofbid oPening,
C. TIME OF COMPLETIONI The work of this contract shall commence from the Notice to Proceed
I¡c! the work spccifìc<i in l,urnp Sulll Base Ilicl sliall bc suþstantially completecl withi*scrrel4r.ûve
(?5)'ea{endaþdavs¡rall¡I-rbi¡vor¡¡- Pçr a'nuì |
D, STATE SALES TAXr The undersigneci agrees that the above named Lurnp Sum an<l does not
include Washingon State and local sales taxes (WSST). WSST will be paid to the Contractor with
each pay application.
E. OVERHEAD AND PROFIT: The undersigued agrees that the above Bids do include overliead,
profrt, and all other expenses involvcd,
F. COMMENCDMENT OF WORK: The bidder hereby ¿ìgrees to co¡nmence work nncler this
conffact within flve (5) calendar days after the Notice to Proceed and to fully complete the work
within ths tiure established in paragtaph C of this proposal,
G, LIQUIDATED DÄMÄGESI TltrlliridcfrtnÌhm*.fgtscs-tû-paynr{iqui*atetl*ltttttages the sum as
3
Q-Mt)t {-o^ ur'o'ìlc"f-
rcquileil fbr this project, A Perf'ortuance and Paytnent bondH. BID SECURITY¡ Bid security is not
willbe lequirecl of the suceessf'ulbidcler
Bid Proposal 004000-1
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I.
J.
Exhibit A
ADDRESS: Noiice of acceptance of this bid or request for additional information shall be addressed
to the undersigned at the address stated below,
SELECTION CRITERI.A,:
This bid is being made in accordance with the Owner's procedures and shall be evaluated as follows:
1, Responsiveness,
The Owner will consider all material submitted by the contractor to detennine whether the
Contractor's proposal is in compliance with the invitation to bid,
2, Responsibility,
The Owner will consicler all material submitted by the contractot, and other evidence it may obtain
otherwise, to determine whether the contractor is capable of and has a history of successfully
completing contracts of this type. The following elements may be given consideratioll by the Owner
in dÃtermining whether a con'tractor is a responiible conractor: a) The ability, capacity and skill of
the contractoito perform the contract and/or provide the service required; b) The character, integrity,
reputation, juclgment, experience and efficiency of the bidder; c) Whether the contractor can perfonn
thã contract and do so within the tirne specifîed; d) the quality of perfonnartce by the contractor on
previous and similar contracts; e) The previous and existing compliance by thc bidder with laws
ielating to the contract or services; and Ð such other infonnation as mrly be secured having beadng
on theãecision to award the contracts, 'When requested by the Ownel', contractors shall furnish
acceptabie evidence of the contractor's ability to perform, such as firm commitments by
subcbnffactors, equipment, supplies ancl facilities, and the contractor's ability to obtain the necessary
personnel. Refusal to provide such infomration upon request may cause the bid to be tejected'
3, Lowest Bid: The lowest bid
STGNATURE: By signing this Bid Proposal, the undersigned bidder agtees to submit all insurance
¿ocuments, performanıe bınds, and signed contracts within ten (10) calendar days after City awards
the Contraci and be bound by all terms, requirements ancl representâtions listed in the bid documents
whether set forth by the City or by the Bidder'
The Bidder acknowledges the receipt of Addenda to the contract documents as follows:
Addeitdunl No. Date of receipt and acknowledgirtent
K,
J
4,
Bid Proposal 004000-2
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lc; tZn/+.rA J3u,ld ¡"
Exhibit A
s
Bid Date
Address I
qtl(4 b Pq,t^{llø ofi8"
11 gzr Submitted By (Signature)
R ;ú"/t'ell
Address 2 Submitted By (Printed Name)
too - 6<tr2. t qz>
Telephone Number
Fax Number
'neil ,ar¡6/era bo,r Nln
lchr/S"Aqnq
E-mai1
¡J "-S . (oq
ß
Title
r
END OF BID PROPOSAL
I
{
I
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I.:
J
Bid Proposal 004000-3
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Exhibit A
CONTRACTOR COMPLIANCE STATEMENT
(President's Executive Order #IL246)
Da lorl/tf
This statement relates to a proposed contract with the City of Kent named
Kent Shop Facility Modular Building
I am the undersigned bidder or prospective contractor, I represent that '
1. , .{ have, have not participated in a prevlous contract or
subcontract sú¡:ect to the President's Executive Order #L1246 (regardlng
equal employment opportunity) or a preceding simllar Executlve Order'
/u c]'rn B,-)ld;sl¿*
NAME OF BIDDER
BY:
'\*nct l'lb
Signature/Title pu.a it$f/
Tqq s PrtrV P- o" r]
vìlr al1'3 2l
ADDRESS
(Note to Bidders: The information required in this Compliance Statement is
informational onlY)
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Exhibit A
City of Kent
Combined Affidavit & Certification Forml
Non'Collusion, Minimum Wage (Non-Federal Aid)
NO N -CO LLUSION AFFIDAVIT
Being fírst duly sworn, deposes and says, that he/she is the identical person who
subrñ¡tteA the foregoing proposal or bid, and that such bid is genuine and not sham
or collusive or mad-e in the interest or on behalf of any person not therein named,
and fufther, that the deponent has not directly lnduced or solicited any other bidder
on the foregoing work equipment to put in a sham bid, or any other person or
corporation to refrain from bidding, and that deponent has not in any manner
sought by collusion to secure to himself/herself or to any other person any
advantage over other bidder or bidders'
AND
MINIMUM WAGE AFFIDAVIT FORM
I, the undersigned, having duly sworn, deposed, say and certify that ln connection
*¡tf,' tfr. perfJrmance of the work of this project, I will pay each classification of
laborer, workman, or mechanic employed in the performance of such work not less
than the prevailing rate of wage or not less than the minimum rate of wage as
specified ln the principal contràct; know the contents thereof and the substance as
set forth therein is true to my knowledge and belief.
FOR; NON.COLLUSION AFFIDAVIT AND MINIMUM WAGE AFFIDAVIT
la;"K.^l I Åo (o.,'l}
/Tl ooa
-r%EOF
C
SIGNATURE OF AUTHORIZED REPRESENTATIVE OF BIDDER
/q aJ ,a lc^r Á r ,'
OF PROJECT
5 sfer.¡
DDER'S FIRM
Q,,'t-lod /r, t I
B u, ld;"
subscribed and sworn to before me the -f-day of Aclolx c-, 20/Å
Notary Public in and for the StateHARSII I(ALRA
NOTARY PUBLTC
STATE OF WASI'IINGTON
C0lvll',11 SS I ON E XPI RE S
ocToBEr.r 29.202A
Residing in
of Washington
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Exhibit A
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply wlth the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, ðubcontractor or suppiier on this specific Agreement to adhere to. An affirmative
response is required on all of thä'following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives ouilines, it will be considerè¿ 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 questions are as follows;
1. I have read the attached City of Kent administrative pollcy number 1.2.
Z, During the time of this Agreement I will not disciminate in employment on.the basis of
sex, race, color, nationallrigin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement 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.
S. Before acceptance of this Agreement, an adherence statement will be signed by me, the
prime Contiactor, that the Þrime Contractor complied with the requirements as set forth
above,
By signing below, I agree to fulfill the fivp requirements referenced above.
C k /1ru',1p
By:
For:llto (,r
TítIE:r
Èu,ld,^s *zm5
,t1naas
^lo,.l,/{IDate:
EEO COMPLIANCE DOCUMENTS - 1
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Exhibit A
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: T.2 EFFECTiVE DATE: JanuarY 1, 1998
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
stàte laws. Áll contru.iorr, subcontractors, consultants and suppllers of the City must guarantee
equat employment opportJni{ within their organization and, if holding Agreements with the City
amounting tó $ro,odci or rnore wlthin 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.
Z. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards t!. City's
nondiscrimination and equal opportunity requirements shall be considered ln breach of contract
and subject to suspension or termination for all or paft of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective depaftments'
1, Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulatións are familiar with the regulations and the City's equal employment opportunity
PolícY.
Z. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
SUBJECÏ:MINORITY AND WOMEN
CONTRACTORS
SUPERSEDES: APril 1, 1996
APPROVED BY Jim White, MaYor
EEO COMPLIANCE DOCUMENTS - 2
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Exhibit A
CITY OF KENT
EQUAL EM PLOYM ENT O PPO RTU NITY COMPLIAN CE STATEM ENT
This form shall be filled out AFTER coMpLETTON of this project by the contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of " - ''
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on the-*
ldate) , between the firm I represent and the City of Kent.
I declare that I complied fully wlth all of the requirements and obligations as outlined in the city
of KentAdministrative policy 1.2 and the Declaration city of Kent Equal Employment opportunity
Policy that was part of the before-mentioned Agreement.
Dated this
-
daY of 20_,
By:
l\Jlr- , .. .. ' '
Tltle:
Date:
EEO COMPLIANCE DOCUMENTS' 3
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Insurance
The contractor shall procure and maintain for the duration of the Agreement,
insurance against claìms for injuries-to þérsons or damage to propefty which
rãV áliãé ¡rät otìn óöñnectioï witfr inã performance ofthe work hereunder
¡V tf.1ê çontractor, their agents, representatives, employees or
subcontractors,
A. Minimum ScoPe of Insurance
Contractor shall obtain insurance of the types described below:
EXHIBIT B
INSURANCE REQUIREMENTS FOR
CONSTRUCTION PROJECTS
insurance covering all owned,non-owned, hired and
leased ve tc es, Coverag e shall be written on Insu rance Services Office
(ISO) form CA 00 01 or a substitute form P roviding eq uivalent liabilitY
coverage.If necessary, the PolicY shall be endorsed to provide
co ntra ctu a ia bi ity coverage.
1
Commercial General Liaþility insurance shall be written on ISO occurrence
erliabilityarisingfrompremises,opera'tions,
independent contractors, products-completed operations, personal lnJury
ánO ãOvertising in¡ury, anb tiaOitity assuimed gndqr an insured contract'
Th. Commerciál Cénäral Liability ínsurance shall be endorsed to- provide
the AggregateÞeiÞrıjèct Èndoisement ISO form CG 25 03 11 85' There
shall 6ı nı endoisemınt or modification of the Commercial General
Liability insurance for liability arising from exp_losion, collapse or
und.rgtound property damage, fnı C¡ty strall be named as an insured
undeithe Cóntiactbr's Commercial General Liability insurance
pôiicy with respect to the work pefglme_d for the City usin.g ISO
äa¿¡tional insui'ed endorsement CG 20 10 11 85 or a substitute
endorsement providing equivalent coverage,
2. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
3. Builders.Risk insurance covering interests of the City, the.Contractor,
S¡bcontractors, and Sub-subcontractors in the work, Builders Risk
insurance shall'be on a all-risk policy form and shall insure against the
perils of fire and extended coverage'and physical loss or d_amage including
ilood and earthquake, theft, vandalism, malicious mischìef, collapse,
temporary buildings and debris removal, This Builders Risk insurance
covéring the work-will have a maximum deductible of $5,000 for each
occurreñce, which will be the responsibility of the Contractor. Higher
deductibles for flood and earthquake perils may be accepted by the City
upon written request by the Contractor and written acceptance by the
City, Any increásed deductibles accepted by the City will remain the
responsibility of the Contractor. Builders Risk-insurance shall be
maintained until final acceptance of the work by the City,
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EXHIBIT B (Continued)
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
ffiy injury and ProPertY damage of
$1,000,000 Per accident.
2, Cofnmercial General Liability insurance shall be written with
li 0 each occurrence, $2'000'000
general aggregate ånä $z,ooo,OOO products- completed
operations aggregate limit.
3. Builders Risk insurance shall be written in the amount of the
comÞleted value of the project with no coinsurance
provisions,
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to col!9!n, the following
pl-JuirioiJiòiÄùtomıOiieLìability, C'ommercial General Liability and Builders
Risk insurance:
1. The Contractor's insurance coverage shall be primary insurance as
respect tÀé-cltv. Ány insurance, sélf-insuranôe, or insurance pool.
.ouurug. m¡núainéd'by the CitV shall be excess of the Contractor's
insurante and shall not contribute with it.2, The Contractor's insurance shall be endorsed to state that coverage
shall not-be cànietle¿ by either PartY, except after thirty (30) days
prior writien-notice by c'ertified mail, 'return receipt requested, has
been given to the CitY,
D. Contractor's Insurance For Other Losses
The Contractor shall assume full responsibility for all loss or damage from
unV *ut. wfratsoever to any tools, 'Contractór's employee owned !ool¡,
mácfrinery, equipment, or motor vehicles owned or rented. by the Contractor,
or the Contraótor's agénts, suppliers or contractors as well as to any
temporary structures, scaffolding and protective fences.
E. Waiver of Subrogation
The Contractor and the City waive all rights against each other any of their
Subcontractors, Sub-subcontractors, agents and employees, each of the
other, for damages caused by fire or other perils to the extend covered by
Builders Risk insurance or other property insurance obtained pursuant to the
insurance Requirements Section of this Contract or other properLy insurance
applicable to Lhe work. The policies shall provide such waivers by
endorsement or otherwise.
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EXHIBIT B (Continued)
F. AccePtabilitY of Insurers
Insurance is to be placed with insurers with a current A'M' Best rating of not
less than A:VIL
G. Verification of Coverage
contractor shall furnish the city with original certificates and a gopy.of the
;r";ãái;rv "Àooruén".'åntt,
inàiroing bui not,necessarilv limited to the
additional insured endorsement, eviãerrcif g ihq Rutomobile Liability and
Commerciat Cenerãi iiãOiL¡ty insurance of the Contractor before
commencement otinË wòr(, Beforäãny .*pot!rç.lo loss may occur, the
contractor shall file with the City . ¿opi oltt'''. Builders Risk insurance policy
that includes all uppiiãänf ô ðoñ¿ítior.ls,-éxclusions, definitions, terms and
endorsements related to this project'
H. Subcontractors
contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor'
Àll .ouuruges for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor'
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: October 18, 2018
TO: Parks and Human Services Committee
SUBJECT: Comprehensive Recreation Program Plan Overview -
Information
SUMMARY: Overview of the Consultant services agreement with PROS to
create a clearly defined Comprehensive Recreation Program Plan.
6
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: October 18, 2018
TO: Parks and Human Services Committee
SUBJECT: Contract with PROS for Comprehensive Recreation Program
Plan - Recommend
MOTION: Move to recommend council authorize the mayor to sign a
consultant services agreement with PROS, in the amount of $92,160 to
develop a comprehensive plan for city recreation programming, subject to
final terms and conditions acceptable to the parks director and city
attorney.
SUMMARY: The City of Kent is doing a Comprehensive Recreation Program
Plan that will develop a clearly defined programming process which
engages community members and City decision-makers, in order to define
strategies, services, and direction for public recreation programming that
is financially sustainable and meets the needs of residents of Kent in
alignment with city-wide and department goals.
BUDGET IMPACT: Expense impact to the Parks Administration budget
SUPPORTS STRATEGIC PLAN GOAL:
Inclusive Community, Thriving City, Evolving Infrastructure, Innovative
Government, Sustainable Services
ATTACHMENTS:
1. Consultant Services Agreement (PDF)
7
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CONSULTANT SERVICES AGREEMENT - 1
(Over $20,000)
CONSULTANT SERVICES AGREEMENT
between the City of Kent and
PROS Consulting Inc.
THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and PROS Consulting organized under the laws of the State of Indiana, located
and doing business at 201 South Capitol Ave. Suite 505, Indianapolis, IN 46225; Leon Younger
(hereinafter the "Consultant").
I. DESCRIPTION OF WORK.
Consultant shall perform the following services for the City in accordance with the following
described plans and/or specifications:
As described in Exhibit A, attached and incorporated herein, consultant will create a
comprehensive recreation programming plan in alignment with city-wide and Parks
department goals and CAPRA Accreditation best practices.
Consultant 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 those services are performed.
II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in
Section I above immediately upon the effective date of this Agreement. Consultant shall complete the
work described in Section I by June 30, 2019.
III. COMPENSATION.
A. The City shall pay the Consultant, based on time and materials, an amount not to exceed
$92,160.00 including contingency fee, for the services described in this Agreement. This is
the maximum amount to be paid under this Agreement for the work described in Section I
above, and shall not be exceeded without the prior written authorization of the City in the
form of a negotiated and executed amendment to this agreement. The Consultant agrees
that the hourly or flat rate charged by it for its services contracted for herein shall remain
locked at the negotiated rate(s) for a period of one (1) year from the effective date of this
Agreement. The Consultant's billing rates shall be as delineated in Exhibit A.
B. The Consultant shall submit monthly payment invoices to the City for work performed, and
a final bill upon completion of all services described in this Agreement. The City shall
provide payment within forty-five (45) days of receipt of an invoice. If the City objects to
all or any portion of an invoice, it shall notify the Consultant and reserves the option to only
pay that portion of the invoice not in dispute. In that event, the parties will immediately
make every effort to settle the disputed portion.
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:
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CONSULTANT SERVICES AGREEMENT - 2
(Over $20,000)
A. The Consultant 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 Consultant maintains and pays for its own place of business from which
Consultant’s services under this Agreement will be performed.
C. The Consultant has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Consultant’s services, or the Consultant is engaged in an independently
established trade, occupation, profession, or business of the same nature as that
involved under this Agreement.
D. The Consultant 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 Consultant has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Consultant’s
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington.
F. The Consultant maintains a set of books dedicated to the expenses and earnings of
its business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement. After termination, the City may take possession of all records and data within the
Consultant’s possession pertaining to this project, which may be used by the City without restriction. If
the City’s use of Consultant’s records or data is not related to this project, it shall be without liability or
legal exposure to the Consultant.
VI. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the
Consultant or subcontractor 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. Consultant
shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with
City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance
Statement.
VII. INDEMNIFICATION. Consultant 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 Consultant's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Consultant'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 Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's duty to defend, indemnify, and hold the City
harmless, and Consultant’s liability accruing from that obligation shall be only to the extent of the
Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL
7.a
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CONSULTANT SERVICES AGREEMENT - 3
(Over $20,000)
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 Consultant 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 Consultant’s part, then
Consultant 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 Consultant’s part.
The provisions of this section shall survive the expiration or termination of this Agreement.
VIII. INSURANCE. The Consultant 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.
IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide
reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the
work under this Agreement.
X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings,
designs, reports, or any other records developed or created under this Agreement shall belong to and
become the property of the City. All records submitted by the City to the Consultant will be safeguarded
by the Consultant. Consultant shall make such data, documents, and files available to the City upon the
City’s request. The Consultant 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. As such, the Consultant agrees to
cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act.
The City’s use or reuse of any of the documents, data, and files created by Consultant for this project by
anyone other than Consultant on any other project shall be without liability or legal exposure to
Consultant.
XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor
with the authority to control and direct the performance and details of the work authorized under this
Agreement, the work must meet the approval of the City and shall be subject to the City's general right of
inspection to secure satisfactory completion.
XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant 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 Consultant's own risk, and Consultant 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.
XIII. 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
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CONSULTANT SERVICES AGREEMENT - 4
(Over $20,000)
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 VII of this Agreement.
D. Written Notice. All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
E. Assignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F. Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Consultant.
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 Consultant agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become applicable to
Consultant'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 Consultant acknowledges that the City is a public agency subject to
the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents,
notes, emails, and other records prepared or gathered by the Consultant in its performance of this
Agreement may be subject to public review and disclosure, even if those records are not produced to or
possessed by the City of Kent. As such, the Consultant agrees to cooperate fully with the City in satisfying
the City’s duties and obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
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CONSULTANT SERVICES AGREEMENT - 5
(Over $20,000)
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
CONSULTANT:
By:
(signature)
Print Name:
Its
(title)
DATE:
CITY OF KENT:
By:
(signature)
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
CONSULTANT:
Leon Young
PROS Consulting
201 S Capitol Ave, Ste 505
Indianapolis, IN 46225
877-242-7760 (telephone)
leon.younger@prosconsulting.com
NOTICES TO BE SENT TO:
CITY OF KENT:
Brian Levenhagen
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 253-856-5116 (telephone)
bjlevenhagen@kentwa.gov
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Planning\Brian Levenhagen\Comp Rec Programming Plan PROS\PROS Consulting-CONTRACT
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EEO COMPLIANCE DOCUMENTS - 1
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City’s equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, 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 questions 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 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. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By signing below, I agree to fulfill the five requirements referenced above.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
7.a
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EEO COMPLIANCE DOCUMENTS - 2
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity 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.
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 assume 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.
7.a
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EEO COMPLIANCE DOCUMENTS - 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered
into on the (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By: ___________________________________________
For: __________________________________________
Title: _________________________________________
Date: _________________________________________
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KE T City of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
Project Understanding
The City of Kent desires a Comprehensive Recreation
Program Plan that will develop a clearly defined
programming process that engages community
members and City decision makers to define strategies,
services, and direction for public recreation programming
that is financially sustainable and meets the needs of the
residents of Kent in alignment with city-wide and
departmental goals.
The PROS Team will work with the Parks, Recreation,
and Community Services Department ("PRCS Department")to create a plan using existing data,
any required new data, best practices, and creativity in collaboration and alignment with the
recreation service industry and community stakeholders, while also being in alignment with
CAPRA Accreditation best practices.
Desired Outcomes
The desired outcomes that the PROS Team anticipates for the project includes, but is not
limited to, the following required components:
. Stakeholder, resident and staff involvement processes, which willform plan development
r lntegration of previous planning efforts including 2016-2021 Kent Parks and Open Space
Plan, 2018-2023 Riverbend Golf Complex Business Plan, and Resource Allocation and
Cost Recovery Philosophy Plan, among many other City plans
r Solicitation and analysis of community input survey data, City or regional demographics
and industry trends to determine community need; identifying and citing indicators of the
need
. An analysis and prioritization of forecasted needs based on determinants of need
. Alignment with industry and CAPRA Accreditation best practices
r Strategic action plan that includes action items, operational steps, and outcomes to
facilitate the City's ability to efficiently implement the plan
Strategies
The study will be a community-supported action plan
that provides guidance for future development and
redevelopment of program and services. ln
summary, we propose proven strategies based on
the PRCS Department goals for the prolect that will:
. Engage the community, leadership and
stakeholders in meaningful, varied and a
creative public engagement process to build a
shared vision for programs in the City, as well
as understand how to best serve current and projected recreation needs of the community
in programs and facilities;
Utilize a wide variety of data sources and best practices to predict recreation trends
and patterns of use and how to address unmet needs in the City;
a
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EXHIBIT A 7.a
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lx\/ KENT City of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
Determine unique Level of Service Standards for the City to project appropriate and
prudent actions regarding recreation programs and services and assess current recreation
needs for programming;
Shape financial and operational preparedness through innovative and "next" practices
to achieve the strategic objectives and recommended actions and implementation
strategies, while aligning with CAPRA Accreditation best practices; and to
Develop a dynamic and realistic strategic action plan that can ensure long-term
success and financial sustainability for recreation programs and facilities, as well as action
steps to support the diverse community that the PRCS Department serves.
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KE T City of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
Project Process
The PROS Team proposes to utilize its Community Values ModelrM as the foundation of the
Comprehensive Recreation Program Plan. The Community Values ModelrM is an innovative
process to utilize comprehensive public input and insight in a meaningful way. lnput, guidance
and values from key community leaders, stakeholders, and the general public are used to
create overall guiding principles and values of the community related to the delivery of parks
and recreation services. The Community Values ModelrM is then used as the basis for
develop ippiomhebn a nd strateg ic BhitrtL'kf,ffetlgrQernp re h e n sive
Recreatit
including
objectives a nnrng
Levels of Service
Standards Governance/Organization
6TB W
It Affi
Project Scope of Work
fhe Comprehensive Recreation Program Plan will result in a 6-year attainable, performance-
based plan with key deliverables and milestones established. lt will also look at the function of
these individual programs, activities, and services and their contribution to the PRCS
Department's values, vision, and mission. The following is a detailed approach to develop the
plan related to implementing specific action items.
Task 1 -Project Management, SWOT Analysis, Demographic & Recreation Trends
Analysis, & Gap Analysis
A. Kick-off Meeting, Tour, and Project Management - A kick-off meeting should be attended
by the key PRCS Department staff and Consulting Team members to confirm project goals,
objectives, and expectations that will help guide actions and decisions of the Consulting
Team. Detailed steps of this task include:
. Confirmation and Outcome Expectations - The project goals, objectives, scope, and
schedule will be confirmed. Discuss expectations of the completed project.. Tour - Meet with City staff for a guided tour of Kent's park system in order to gain an
understanding of Kent's facility inventory and breadth of recreation programs. Work Plan - Create a project work plan detailing key tasks, schedule, milestones,
and deliverables.o Communications - ldentify lines of communication, points of contact, level of
involvement by staff, and other related project management details. The Consulting
3
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l,landatory element: for Facilities
Programs, & Service:
Prrnciples of Cominunity
I L.rrrilr,, iJr', :,,rJr!',,rr., 1ir
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EXHIBIT A (Continued)7.a
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-^\-./ KENT Gity of Kent
Scope of Work, Schedule & Fee
Comprehensive Recreation Program Plan
Team will develop status reports to City staff on a monthly basis. More importantly,
we will be in close and constant contact with your designated project coordinator
throughout the performance of the project.
. Database of Stakeholders - The Consulting Team will work with City staff who will
gather contact information from a variety of sources within the agency. This
information will be used in the key leadership/focus group interview portion of the
plan.
r Data Collection and Review - The Consulting Team will assemble and review
available documentation from Parks and Recreation files, existing planning
documents, existing site or facility master plans. Review of existing documents
include, but are not limited to: the 2016-2Q21 Kent Parks and Open Space Plan,
2018-2023 Riverbend Golf Complex Business Plan, and Resource Allocation and
Cost Recovery Philosophy Plan, as well as many other data technical supplements.. Project Branding and Media Strategy - The Consulting Team will work with the City
to develop a project brand for the plan. This could include specific Project Name,
Logo, Hashtags etc. in conjunction with the client. The branding will be woven into
all aspects of project communication and outreach mediums including, but not limited
to, the website, online surveys, and Social Media such as the City's Facebook, You
Tube, or Twitter feeds. The Consulting Team will utilize the PRCS Department's
Marketing Plan as the basis for this strategy.
B. SWOT Analysis - Based on meetings with City staff and discussions with key leadership,
the Consulting Team will develop a SWOT analysis highlighting existing Strengths,
Weaknesses, Opportunities, and Threats faced by the Department as it relates to programs
and services. The staff meetings will be organized by like program areas. The SWOT
Analysis will also review how identified recreation programming aligns with or contributes to
the City of Kent's and the PRCS Department's values, vision, mission, and outcomes.
C. Demographic & Trencis Anaiysis - Tire Cunsuiiirrg Tearrr wiii uiiiize iire Ciiy ui Kerri's
demographic and other socio-economic projections for the system and supplement with
census tract demographic data obtained from Environmental Systems Research lnstitute,
lnc. (ESRI), the largest research and development organization dedicated to Geographical
lnformation Systems (GlS) and specializing in population projections and market trends; for
comparison purposes data will also obtained from the U.S. Census Bureau. This analysis
will provide an understanding of the demographic environment for the following reasons:
. To understand the market areas served by the park and recreation system and
distinguish customer groups.
o To identify underserved populations, current reach to those populations, and to make
recommendations to remove barriers and enhance inclusion by all.. To determine changes occurring in the City, and assist in making proactive decisions
to accommodate those shifts.
The City's demographic analysis will be based on previous planning efforts including US
2010 Census information, 2018 updated projections, and 5- (2023) and 10- (2028) year
projections. The following demographic characteristics will be included:
. Population Density; Age Distribution; Households; Gender; Ethnicity; and, Household
lncome
From the demographic base data, sports, recreation, and outdoor trends are applied to the
local populace to assist in determining the potential participation base within the community.
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KF.NI city of Kent
Scope of Work, Schedule & Fee
Comprehensive Recreation Program Plan
For the sports and recreation trends, the Consulting Team utilizes the Sports & Fitness
lndustry Association's (SFIA) 2018 Study of Sports, Fitness and Leisure Participation, ESRI
local market potential, as well as participation trends from the Outdoor Foundation on
outdoor recreation trends. This will help to determine how recreationaltrends impact existing
and projected user populations and will make recommendations on where to expand
recreation and leisure programs based on community expectations and trends.
Task 2 - Gommunity Engagement Process
The Consulting Team will utilize an innovative and creative public engagement process to solicit
community input on how the PRCS Department will meet the needs of residents into the future.
This task is an integral part of the planning process. A wide range of community/participation
methods may be utilized with traditional public meetings. These could include use of the web,
social media, as well as participatory workshops to local groups. Specific tasks include:
A. Public Engagement Plan - Public engagement is vital to a successful plan. Public
engagement serves two purposes: 1) to identify emerging issues and challenges the PRCS
Department needs to address and 2) to align the community and the Department to achieve
the greatest ability for plan implementation. A Public Engagement Plan (PEP) will be created
in tandem with the Department to ensure a comprehensive platform is used to elicit the most
engagement from the community's diverse stakeholders. The PEP will include the
stakeholder group, method(s) used to engage, and the party responsible for the
engagement.
B. Key Leadership/Focus Group Interviews - The Consulting Team will perform focus
groups and key leadership interviews in the community to evaluate their vision for recreation
programs in the Kent community. Eight to ten (8-10) focus group meetings and key
leadership interviews (up to 12) will be held over a two-day period. During these
interviews/focus groups, the Consulting Team will gain an understanding of the community
values, as well as determine the priority for recreation programming and service needs of
the community. The following list of potential interviewees will be used to select the final list
in conjunction with the City:
r Elected officials. Parks and Recreation Commissionr Arts Commission. Human Services Commission. Cultural Communities Board
o Greater Kent Historical Society. Conservation groups
o Other service providers. Key partners and philanthropic organizations
o School officials
o Users and non-users of the parks and recreation
system
. City Staffr Special event providers
QE. Lcvrl of Agr.emcnt About
Waynr County Parks Could
lmportance ot Actlons
Tako For Programg
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K-E,)fT Gity of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
C. Statistically-Valid Needs Analysis Survey - The Consulting Team will perform a random,
scientifically valid community-wide household to quantify knowledge, need, unmet need,
priorities and support for programming needs of the City of Kent. The Consulting Team will
administer a statistically valid random sampling Needs Assessment Survey of household
surveys in the City. The survey will be administered by phone or by a combination of a
mail/phone survey and will have a minimum sample size of 400 completed surveys at a 95%
level of confidence and a confidence interval of +/- 4.9o/o. Prior to the survey being
administered, it will be reviewed by both PRCS representatives and the Parks and
Recreation Commission.
D. Gommunity Needs Electronic Survey -The Consulting Team will create an online survey
administered through the City's website and promotional mediums to maximize outreach
and response rates. These surveys will provide quantitative data and guidance in addition
to the stakeholder and focus groups in regards to the recommendations for specific
programs and services, facility components, usage, and pricing strategies.
E. Crowd-sourcing Project Website - The Consultant Team will develop a customized
project website that will provide on-going project updates and will serve as the avenue to
crowd-source information throughout the project for the entire community. This will be
combined with input through social media and could also host videos through a dedicated
YouTube Channel and/or utilize City's website (e.9., www.carlsbadparksplan.com). lt has
proven to be a very effective tool in engaging the community on an on-going basis as well
as maximize outreach to an audience that may not traditionally show up at public meetings
or choose to respond to a phone or mail survey.
Task 3 - Program Analysis
A. Program and Service Assessment - Programs and services are the backbone of park and
recreation agencies. This assessment will review how well the PRCS Department aligns
itself with community needs. The goal of this process is to provide program enhancements
that result in successful and innovative program offerings. The Consulting Team will provide
insight into recreation program trends from agencies all around the country. The process
includes analysis of:
. Age segment distributionr Lifecycle analysis. Core program analysis and development. Similar provider analysis/duplication of service. Market position and marketing analysis. Pricing structure and cost recovery. Review of program development process
. Customersatisfaction
The program assessment process will produce a comprehensive index of all recreation
program offerings. This index will be set-up in a manner that allows the Department to
update annually to examine Key Performance lndicators (KPls). The recreation program
assessment format will be discussed with the Department at length to create a tailored,
customized index that works and interfaces with their existing systems. An important tenet to
the recreation program assessment is the ability to gain insight into the Department's
existing market position. As such, a similar provider assessment will be conducted in
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KE T city of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
tandem with the data collection and analysis process to provide the consultant team with a
fuller understanding of duplicative services and areas that may be underserved.
Ultimately, the outcome of the process will be the creation of a dynamic recreation program
plan that will help focus staff efforts in core program areas and will create excellence in
those programs deemed most important by program participants and what other service
providers are providing.
B. Gap Analysis & Mapping - The Consulting Team will compile a complete and current
community inventory of recreation facilities, programs and services in the City of Kent,
including those provided by the City of Kent, and those offered by schools and other
alternative public, private and non-profit providers (e.g. the impending YMCA development)
to understand market saturation, gaps, competition or partner opportunities.
The Consulting Team will work with the PRCS staff to determine the appropriate GIS
mapping. This could include mapping by classification of programs and major recreation
amenities by facility standards as applied to population density and geographic areas. lt can
also include walkability of accessing programs and facilities in the City. This mapping
identifies gaps and overlaps in service area by showing all service providers.
c. Prioritized Program Priority Rankings - The Consulting Team will synthesize the findings
from the community input, survey results, standards, demographics and trends analysis, and
the program and services assessment into a quantified facility and program priority ranking.
This priority listing will be compared against gaps or surplus in programs and services. This
will list and prioritize program needs for the agency. The Team will conduct a work session
with staff to review the findings and make revisions as necessary.
Task 4 - Gomprehensive Program Plan lmplementation
A. Strategic Action Plan - Upon consensus of all technical work, the remaining action plan
will be completed with supporting strategies, actions, responsibilities, and priorities/timelines.
These strategies will establish specific and measurable objectives for programs and services
that are reviewed periodically to ensure that programs are achieving the needed community
benefit or outcome desired. Also, the Consulting Team will identify clear strategies and
direction to take advantage of new opportunities, and address gaps and redundancy in
program delivery in Kent. Action plans will be established in the following key areas:
. Operational Management - Recommendations that provide for short and long term
enhancement of recreation program operational management practices of the
Department. The Consulting Team will look at the PRCS Department's existing
staffing model to review how staff can be more effective in overall functional
alignment.. Programs and Services - Recommendations that provide for short and long term
development of programs and services provided by the City, including opportunities
to improve meeting user needs. The Consulting Team will make strategic
recommendations to existing program offerings, organizational alignment, etc. based
on analysis of existing programs, needs assessment, surveys, community feedback,
target audience, etc.o Policies and Practices - Specific policies and practices for the City that will support
the desired outcomes of this Comprehensive Recreation Program PIan will be
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K.F"lfT city of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
detailed such as recommendations that outlines the key performance measures and
specific feedback from users that needs to be collected to influence future decision
making regarding recreation programming. Recommendations will also include a
detailed strategy on how the PRCS Department should use this data moving foruvard
to influence programming, policy and planning decisions.
B. Draft Report Preparation and Briefings- The Consulting Team will prepare a draft
Comprehensive Recreation Program Plan with strategies considering all analysis performed
that is in alignment with CAPRA Accreditation standards. The recommendations and
prioritization of needs will be reviewed and discussed with the PRCS Department staff on
schedules to finalize action steps, responsibilities, and timelines. PRCS representatives will
have sufficient time to review the draft plan, make any changes/additions/recommendations
to it and ask for further clarifications if needed.
The Consulting Team will meet with representatives of PRCS and/or present to City Council
to share information throughout this process, as well as present the final Comprehensive
Recreation Program Plan, identify key findings and answer questions. Once the draft is
approved by the City, the Consulting Team will prepare a final summary report and present
to the City Council for final approval and adoption.
C. Final Program Plan Preparation, and Production - Upon comments or revisions by City
staff, the Parks and Recreation Commission, and the community, the Consulting Team will
finalize the Plan to reflect all input received. The final Comprehensive Recreation Program
Plan will be prepared with a Summary Report that is professionally laid out and delivered
along with associated appendices (technical reports). Five (5) bound copies, one electronic
copy of the final plan will be delivered.
Proiect Schedule
Central to our project approach is providing a high level of responsiveness to the PRCS
Department staff and maintaining accessibility throughout the project lifespan. Our team is
flexible and will work hard to effectively serve as an extension of the PRCS Department's
project staff. The schedule below depicts the time to complete the tasks described in the scope
of work, as well as highlighted areas to meet with the City on key meeting dates. Specific dates
will be set during the kick-off meeting process. PROS is confident of our ability to meet
schedule and will consider any special requirements by the PRCS Department in regards to
scheduling.
8
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Dec-18 Ja n-19 Feb-19 Mar-19 Apr-19
Week:7 2 glq 1 2 3 4 1 2 3 4 1 2 3 4 t 2 3 4
Kent PRCS Comprehensive Recreation Program Plan
Task 1 - Proiect Manasement, SWOT Analysis, and Demographic & Trends AnalYsis
A. Kick-off Meetine. Tour, and Proiect Manaqement
B. SWOT Analysis
C. Demographic Review & Trends Analysis
Task 2 - Communitv Engagement Process
A. Public Ensasement Plan
B. Kev Leadership/Focus Group lnterviews
C. Statisticallv-Valid Needs Analysis Survey
D. Communitv Needs Electronic Survev
E. Crowd-Sourcins Proiect Website
Task 3 - Program Analvsis
A. Prosram and Services Assessment
s. Gil$r,ttG(-x/dppins
c. p ftifizffiI1{rtfo ggi o ritv Ra n ki n ss
rask hV6fitfrl6hbi{fu|6 Recreation Progra m Pla n lmplementation
EXHIBIT A (Continued)7.a
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KF.Iff city of Kent
Scope of Work, Schedule & Fee
Gomprehensive Recreation Program Plan
Pricing Proposal
The following fee breakdown is based on the project approach described in the Scope of Work
for the Comprehensive Recreation Program Plan. The Consulting Team has based this fee on
our current understanding of the City of Kent's goal for the project. The fees include an overall
contingency amount of $7,000.
Task 1 - Project Management, SWOT Analysis, and Demographic & Trends
Analysis
A. Kick-off Meeting, Tour, and Project Management 5 4,420
B. SWOT Analysis 5 q,qzo
C. Demographic Review & Trends Analysis S 2,690
Expenses S 1,700
Subtotal Dollars S 1l,zlo
Task 2 - Community Engagement Process
A. Public Engagement Plan S gso
B. Key Leadership/Focus Group lnterviews 5 6,400
C. Statistically-Valid Needs Analysis Survey S 13,930
D. Community Needs Electronic Survey s 1,790
E. Crowd-Sourcing Project Website s 5,500
Expenses $ 1,zoo
Subtotal Dollars S 30,240
Task 3 - Program Analysis
A. Program and Services Assessment 5 7,400
B. Gap Analysis & Mapping $ 5,160
C. Prioritized Program Priority Rankings S 4,880
Expenses S sso
Subtotal Dollars s 18,290
Task 4 - Comprehensive Recreation Program Plan lmplementation
A. Strategic Action Plan S 5,700
B. Draft Report Preparation and Briefings S 6,830
C. Final Program Plan Preparation and Production 5 t,ato
Expenses S 3,zoo
Subtotal Dollars S 23,400
TOTAT EXPENSES 5 7,450
TOTAL FEES 5 77,710
TOTAL DOLLARS S 85,1G0
Additional Contingency Fee Not-to-Exceed
Contingency for Additional Consulting Services, Travel, etc S z,ooo
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EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS
Insurance
The Consultant 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 Consultant, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (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.
Commercial General Liability insurance shall be written on
ISO occurrence form CG 00 01. The City shall be named as
an Additional Insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage.
2. Workers’ Compensation coverage as required by the
Industrial Insurance laws of the State of Washington.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate.
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EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
1. The Consultant’s insurance coverage shall be primary insurance as
respect the City. Any Insurance, self-insurance, or insurance pool
coverage maintained by the City shall be excess of the Consultant’s
insurance and shall not contribute with it.
2. The Consultant’s insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the Consultant and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance. The
City reserves the right to receive a certified copy of all required insurance
policies. The Consultant’s Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer’s liability. D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VII.
E. Verification of Coverage
Consultant 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 Consultant before commencement of the work.
F. Subcontractors
Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Consultant.
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: October 18, 2018
TO: Parks and Human Services Committee
SUBJECT: Lease with Union Pacific Railroad for Uplands Extension -
Recommend
MOTION: Move to recommend council authorize the mayor to sign a lease
agreement with Union Pacific Railroad, in the amount of $3,000 and
increased by three percent (3%) annually, for use of the Uplands
Extension Triangle parcel, subject to final terms and conditions acceptable
to the parks director and city attorney.
SUMMARY: The city has leased the parcel known as the Uplands Extension
“triangle” from Union Pacific Railroad for recreational use dating back to
1984. The popular Kent Lions Skate Park is partially situated within the
parcel adjacent to the Interurban Trail. This lease formally extends the
city’s continued use of the land for its present purposes. The lease is for
one year beginning January 10, 2018, will annually extend automatically
from year to year, and will annually increase by 3% cumulative and
compounded.
BUDGET IMPACT: Expense impact to the Parks Maintenance operational
budget
SUPPORTS STRATEGIC PLAN GOAL:
Thriving City, Evolving Infrastructure
ATTACHMENTS:
1. EXHIBIT UPRR Uplands Lease (PDF)
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January 16, 2018
Folder: 00472-35
BRIAN LEVENHAGEN
CITY OF KENT
220 4TH AVENUE, SOUTH
KENT WA 98032
RE: Lease Covering Use of Railroad Property at Kent, Washington
Pursuant to your request, enclosed are two (2) originals of the above-referenced Lease for your execution.
In the enclosed envelope, please return the following:
1. ALL ORIGINALS of the Lease signed by the appropriate party. If approved by the Railroad
Company, a fully-executed original will be returned to you for your records.
2. COMPLETED Real Estate Environmental Lessee Questionnaire.
3. CHECK, with Folder No. 00472-35 written on the front, in the amount of Three Thousand
Dollars ($3,000.00) covering the rental and administrative fees, if any. Future rental will be
billed and payment should be directed to the address on the invoice.
Both copies of the above-mentioned lease document, plus the questionnaire, and the check must be
received by this office within 30 days of the date of this letter for consideration by Railroad Company
management. You are not authorized to enter the premises until you are in possession of a fully
executed copy of this Lease.
NOTHING IN THIS CORRESPONDENCE SHOULD BE CONSTRUED AS A COMMITMENT TO
LEASE REAL PROPERTY AS SUCH A COMMITMENT REQUIRES FORMAL RAILROAD
MANAGEMENT APPROVAL. IF SUCH APPROVAL IS RECEIVED, A FULLY EXECUTED COPY
OF THE LEASE WILL BE RETURNED TO YOU.
If you have any questions regarding this Lease, please contact me at (402) 544-8043 or
apgalley@up.com.
Sincerely,
Aaron Galley
Senior Analyst RE - Prop Mgmt - Real Estate
Union Pacific Railroad Real Estate 1400 Douglas Street Stop 1690 Omaha, Nebraska 68179-1690 fx. (402) 501-0340
8.a
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Audit No. __________________
Industrial Lease (Year To Year) 09-01-06 Folder No. 00472-35
(Unimproved Property)
Form Approved, Law
LEASE OF PROPERTY
(INDUSTRIAL LEASE - UNIMPROVED - YEAR TO YEAR)
THIS LEASE (“Lease”) is entered into on ____________________, 2018, between UNION
PACIFIC RAILROAD COMPANY (“Lessor”) and CITY OF KENT, A Washington municipal
corporation whose address is 220 4th Avenue, South, Kent, Washington 98032 (“Lessee”).
IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS:
Article 1. PREMISES; USE.
Lessor leases to Lessee and Lessee leases from Lessor the premises (“Premises”) at Kent,
Washington, shown on the print dated January 10, 2018, marked Exhibit A, hereto attached and made a
part hereof, subject to the provisions of this Lease and of Exhibit B attached hereto and made a part
hereof. The Premises may be used for a recreational skate park and vegetation control, and purposes
incidental thereto, only, and for no other purpose.
Article 2. TERM.
The term of this Lease shall commence January 31, 2018, and, unless sooner terminated as
provided in this Lease, shall extend for one year and thereafter shall automatically be extended from year
to year.
Article 3. FIXED RENT.
A. Lessee shall pay to Lessor, in advance, fixed rent of Three Thousand Dollars ($3,000.00)
annually. The rent shall be automatically increased by Three percent (3%) annually, cumulative and
compounded.
B. Not more than once every three (3) years, Lessor may redetermine the fixed rent. If
Lessor redetermines the rent, Lessor shall notify Lessee of such change.
Article 4. INSURANCE.
A. Throughout the entire term of this Lease, Lessee shall maintain the insurance coverage
required under Exhibit C hereto attached and made a part hereof.
B. Not more frequently than once every two years, Lessor may reasonably modify the
required insurance coverage to reflect then-current risk management practices in the railroad industry and
underwriting practices in the insurance industry.
C. Upon request of Lessor, Lessee shall provide to Lessor a certificate issued by its
insurance carrier evidencing the insurance coverage required under Exhibit C.
D. All insurance correspondence shall be directed to: Real Estate Department, 1400
Douglas Street STOP 1690, Omaha, Nebraska 68179-1690, Folder No. 00472-35.
8.a
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Article 5. SPECIAL PROVISION – CANCELLATION.
Effective upon commencement of the term of this Lease, the Lease dated 12/5/1984, identified as
Audit No. PLD202 (the ‘Prior Lease’), together with any and all supplements and amendments, is
canceled and superseded by this Lease, except for any rights, obligations or liabilities arising under the
Prior Lease before cancellation, including any consent to conditional assignment, chattel agreement, or
consent to sublease. The security deposit provision or rental payment, if any, contained in the Prior
Lease, will survive the cancellation of the Prior Lease and be made a part of this Lease.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first herein
written.
Lessor: Lessee:
UNION PACIFIC RAILROAD COMPANY
CITY OF KENT
By: ________________________________
By: _________________________________
Name: ______________________________
Title: _______________________________
Name: ______________________________
Title: _______________________________
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Industrial Lease (Year To Year) 09-01-06
(Unimproved Property)
Form Approved, Law
EXHIBIT B
TO
INDUSTRIAL LEASE (UNIMPROVED YEAR TO YEAR)
Section 1. IMPROVEMENTS.
No improvements placed upon the Premises by Lessee shall become a part of the realty.
Section 2. RESERVATIONS, TITLE AND PRIOR RIGHTS.
A. Lessor reserves to itself, its agents and contractors, the right to enter the Premises at such
times as will not unreasonably interfere with Lessee's use of the Premises.
B. Lessor reserves (i) the exclusive right to permit third party placement of advertising signs
on the Premises, and (ii) the right to construct, maintain and operate new and existing facilities (including,
without limitation, trackage, fences, communication facilities, roadways and utilities) upon, over, across
or under the Premises, and to grant to others such rights, provided that Lessee's use of the Premises is not
interfered with unreasonably.
C. Lessee acknowledges that Lessor makes no representations or warranties, express or
implied, concerning the title to the Premises, and that the rights granted to Lessee under this Lease do not
extend beyond such right, title or interest as Lessor may have in and to the Premises. Without limitation
of the foregoing, this Lease is made subject to all outstanding rights, whether or not of record. Lessor
reserves the right to renew any such outstanding rights granted by Lessor or Lessor's predecessors.
D. Without limitation of Subparagraphs B. and C. above, Lessee shall not interfere in any
manner with the use or operation of any signboards now or hereafter placed on the Premises or with any
property uses in connection with such signboards (such as, by way of example and not in limitation,
roadways providing access to such signboards). In no event may Lessee construct on the Premises any
improvements that interfere in any manner with the visibility or operation of any signboards now or
hereafter on the Premises or on property in proximity to the Premises.
Section 3. PAYMENT OF RENT.
Rent (which includes the fixed advance rent and all other amounts to be paid by Lessee under this
Lease) shall be paid in lawful money of the United States of America, at such place as shall be designated
by the Lessor, and without offset or deduction.
Section 4. TAXES AND ASSESSMENTS.
A. Lessee shall pay, prior to delinquency, all taxes levied during the life of this Lease on all
personal property and improvements on the Premises not belonging to Lessor. If such taxes are paid by
Lessor, either separately or as a part of the levy on Lessor's real property, Lessee shall reimburse Lessor
in full within thirty (30) days after rendition of Lessor's bill.
B. If the Premises are specially assessed for public improvements, the annual rent will be
automatically increased by 12% of the full assessment amount.
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Section 5. WATER RIGHTS.
This Lease does not include any right to the use of water under any water right of Lessor, or to
establish any water rights except in the name of Lessor.
Section 6. CARE AND USE OF PREMISES.
A. Lessee shall use reasonable care and caution against damage or destruction to the
Premises. Lessee shall not use or permit the use of the Premises for any unlawful purpose, maintain any
nuisance, permit any waste, or use the Premises in any way that creates a hazard to persons or property.
Lessee shall keep the sidewalks and public ways on the Premises, and the walkways appurtenant to any
railroad spur track(s) on or serving the Premises, free and clear from any substance which might create a
hazard.
B. Lessee shall not permit any sign on the Premises, except signs relating to Lessee's
business.
C. If any improvement on the Premises other than the Lessor Improvements is damaged or
destroyed by fire or other casualty, Lessee shall, within thirty (30) days after such casualty, remove all
debris resulting therefrom. If Lessee fails to do so, Lessor may remove such debris, and Lessee agrees to
reimburse Lessor for all expenses incurred within thirty (30) days after rendition of Lessor's bill.
D. Lessee shall comply with all governmental laws, ordinances, rules, regulations and orders
relating to Lessee's use of the Premises and this Lease, including, without limitation, any requirements for
subdividing or platting the Premises.
Section 7. HAZARDOUS MATERIALS, SUBSTANCES AND WASTES.
A. Without the prior written consent of Lessor, Lessee shall not use or permit the use of the
Premises for the generation, use, treatment, manufacture, production, storage or recycling of any
Hazardous Substances, except that Lessee may use, if lawful, small quantities of common chemicals such
as adhesives, lubricants and cleaning fluids in order to conduct business at the Premises. The consent of
Lessor may be withheld by Lessor for any reason whatsoever, and may be subject to conditions in
addition to those set forth below. It shall be the sole responsibility of Lessee to determine whether or not
a contemplated use of the Premises is a Hazardous Substance use.
B. In no event shall Lessee (i) release, discharge or dispose of any Hazardous Substances,
(ii) bring any hazardous wastes as defined in RCRA onto the Premises, (iii) install or use on the Premises
any underground storage tanks, or (iv) store any Hazardous Substances within one hundred feet (100') of
the center line of any main track.
C. If Lessee uses or permits the use of the Premises for a Hazardous Substance use, with or
without Lessor's consent, Lessee shall furnish to Lessor copies of all permits, identification numbers and
notices issued by governmental agencies in connection with such Hazardous Substance use, together with
such other information on the Hazardous Substance use as may be requested by Lessor. If requested by
Lessor, Lessee shall cause to be performed an environmental assessment of the Premises upon
termination of the Lease and shall furnish Lessor a copy of such report, at Lessee's sole cost and expense.
D. Without limitation of the provisions of Section 12 of this Exhibit B, Lessee shall be
responsible for all damages, losses, costs, expenses, claims, fines and penalties related in any manner to
any Hazardous Substance use of the Premises (or any property in proximity to the Premises) during the
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term of this Lease or, if longer, during Lessee's occupancy of the Premises, regardless of Lessor's consent
to such use or any negligence, misconduct or strict liability of any Indemnified Party (as defined in
Section 12), and including, without limitation, (i) any diminution in the value of the Premises and/or any
adjacent property of any of the Indemnified Parties, and (ii) the cost and expense of clean-up, restoration,
containment, remediation, decontamination, removal, investigation, monitoring, closure or post-closure.
Notwithstanding the foregoing, Lessee shall not be responsible for Hazardous Substances (i) existing on,
in or under the Premises prior to the earlier to occur of the commencement of the term of the Lease or
Lessee's taking occupancy of the Premises, or (ii) migrating from adjacent property not controlled by
Lessee, or (iii) placed on, in or under the Premises by any of the Indemnified Parties; except where the
Hazardous Substance is discovered by, or the contamination is exacerbated by, any excavation or
investigation undertaken by or at the behest of Lessee. Lessee shall have the burden of proving by a
preponderance of the evidence that any of the foregoing exceptions to Lessee's responsibility for
Hazardous Substances applies.
E. In addition to the other rights and remedies of Lessor under this Lease or as may be
provided by law, if Lessor reasonably determines that the Premises may have been used during the term
of this Lease or any prior lease with Lessee for all or any portion of the Premises, or are being used for
any Hazardous Substance use, with or without Lessor's consent thereto, and that a release or other
contamination may have occurred, Lessor may, at its election and at any time during the life of this Lease
or thereafter (i) cause the Premises and/or any adjacent premises of Lessor to be tested, investigated, or
monitored for the presence of any Hazardous Substance, (ii) cause any Hazardous Substance to be
removed from the Premises and any adjacent lands of Lessor, (iii) cause to be performed any restoration
of the Premises and any adjacent lands of Lessor, and (iv) cause to be performed any remediation of, or
response to, the environmental condition of the Premises and the adjacent lands of Lessor, as Lessor
reasonably may deem necessary or desirable, and the cost and expense thereof shall be reimbursed by
Lessee to Lessor within thirty (30) days after rendition of Lessor's bill. In addition, Lessor may, at its
election, require Lessee, at Lessee's sole cost and expense, to perform such work, in which event, Lessee
shall promptly commence to perform and thereafter diligently prosecute to completion such work, using
one or more contractors and a supervising consulting engineer approved in advance by Lessor.
F. For purposes of this Section 7, the term "Hazardous Substance" shall mean (i) those
substances included within the definitions of "hazardous substance", "pollutant", "contaminant", or
"hazardous waste", in the Comprehensive Environmental Response, Compensation and Liability Act of
1980, 42 U.S.C. §§ 9601, et seq., as amended or in RCRA, the regulations promulgated pursuant to either
such Act, or state laws and regulations similar to or promulgated pursuant to either such Act, (ii) any
material, waste or substance which is (A) petroleum, (B) asbestos, (C) flammable or explosive, or (D)
radioactive; and (iii) such other substances, materials and wastes which are or become regulated or
classified as hazardous or toxic under any existing or future federal, state or local law.
Section 8. UTILITIES.
A. Lessee will arrange and pay for all utilities and services supplied to the Premises or to
Lessee.
B. All utilities and services will be separately metered to Lessee. If not separately metered,
Lessee shall pay its proportionate share as reasonably determined by Lessor.
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Section 9. LIENS.
Lessee shall not allow any liens to attach to the Premises for any services, labor or materials
furnished to the Premises or otherwise arising from Lessee's use of the Premises. Lessor shall have the
right to discharge any such liens at Lessee's expense.
Section 10. ALTERATIONS AND IMPROVEMENTS; CLEARANCES.
A. No alterations, improvements or installations may be made on the Premises without the
prior consent of Lessor. Such consent, if given, shall be subject to the needs and requirements of the
Lessor in the operation of its Railroad and to such other conditions as Lessor determines to impose. In all
events such consent shall be conditioned upon strict conformance with all applicable governmental
requirements and Lessor's then-current clearance standards.
B. All alterations, improvements or installations shall be at Lessee's sole cost and expense.
C. Lessee shall comply with Lessor's then-current clearance standards, except (i) where to
do so would cause Lessee to violate an applicable governmental requirement, or (ii) for any improvement
or device in place prior to Lessee taking possession of the Premises if such improvement or device
complied with Lessor's clearance standards at the time of its installation.
D. Any actual or implied knowledge of Lessor of a violation of the clearance requirements
of this Lease or of any governmental requirements shall not relieve Lessee of the obligation to comply
with such requirements, nor shall any consent of Lessor be deemed to be a representation of such
compliance.
Section 11. AS-IS.
Lessee accepts the Premises in its present condition with all faults, whether patent or latent, and
without warranties or covenants, express or implied. Lessee acknowledges that Lessor shall have no duty
to maintain, repair or improve the Premises.
Section 12. RELEASE AND INDEMNITY.
A. As a material part of the consideration for this Lease, Lessee, to the extent it may
lawfully do so, waives and releases any and all claims against Lessor for, and agrees to indemnify, defend
and hold harmless Lessor, its affiliates, and its and their officers, agents and employees ("Indemnified
Parties") from and against, any loss, damage (including, without limitation, punitive or consequential
damages), injury, liability, claim, demand, cost or expense (including, without limitation, attorneys' fees
and court costs), fine or penalty (collectively, "Loss") incurred by any person (including, without
limitation, Lessor, Lessee, or any employee of Lessor or Lessee) (i) for personal injury or property
damage caused to any person while on or about the Premises, or (ii) arising from or related to any use of
the Premises by Lessee or any invitee or licensee of Lessee, any act or omission of Lessee, its officers,
agents, employees, licensees or invitees, or any breach of this Lease by Lessee.
B. The foregoing release and indemnity shall apply regardless of any negligence,
misconduct or strict liability of any Indemnified Party, except that the indemnity, only, shall not apply to
any Loss determined by final order of a court of competent jurisdiction to have been caused by the sole
active direct negligence of any Indemnified Party.
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C. Where applicable to the Loss, the liability provisions of any contract between Lessor and
Lessee covering the carriage of shipments or trackage serving the Premises shall govern the Loss and
shall supersede the provisions of this Section 12.
D. No provision of this Lease with respect to insurance shall limit the extent of the release
and indemnity provisions of this Section 12.
Section 13. TERMINATION.
A. Lessor may terminate this Lease for Lessee's default by giving Lessee notice of
termination, if Lessee (i) defaults under any obligation of Lessee under this Lease and, after written notice
is given by Lessor to Lessee specifying the default, Lessee fails either to immediately commence to cure
the default, or to complete the cure expeditiously but in all events within thirty (30) days after the default
notice is given, or (ii) Lessee abandons the Premises for a period of one hundred twenty (120) consecutive
days.
B. Notwithstanding the terms of this Lease set forth in Article II, Lessor or Lessee may
terminate this Lease without cause upon thirty (30) day’s written notice to the other party; provided,
however, that at Lessor's election, no such termination by Lessee shall be effective unless and until
Lessee has vacated and restored the Premises as required in Section 15A, at which time Lessor shall
refund to Lessee, on a pro rata basis, any unearned rental paid in advance. Notwithstanding anything to
the contrary in this Lease, if Lessee has not complied with the requirements of Section 15 A, this
Lease, together with all terms contained herein (including payment of rent) will remain in effect
until the requirements of Section 15A are met, unless Lessor, in its sole discretion, elects to
terminate this Lease.
Section 14. LESSOR'S REMEDIES.
Lessor's remedies for Lessee's default are to (a) enter and take possession of the Premises,
without terminating this Lease, and relet the Premises on behalf of Lessee, collect and receive the rent
from reletting, and charge Lessee for the cost of reletting, and/or (b) terminate this Lease as provided in
Section 13 above and sue Lessee for damages, and/or (c) exercise such other remedies as Lessor may
have at law or in equity. Lessor may enter and take possession of the Premises by self-help, by changing
locks, if necessary, and may lock out Lessee, all without being liable for damages.
Section 15. VACATION OF PREMISES; REMOVAL OF LESSEE'S PROPERTY.
A. Upon termination howsoever of this Lease, Lessee (i) shall have peaceably and quietly
vacated and surrendered possession of the Premises to Lessor, without Lessor giving any notice to quit or
demand for possession, and (ii) shall have removed from the Premises all structures, property and other
materials not belonging to Lessor, including all personal property and restored the surface to as good a
condition as the same was in before such structures were erected, including, without limitation, the
removal of foundations, the filling in of excavations and pits, and the removal of debris and rubbish.
B. If Lessee has not completed such removal and restoration prior to termination of this
Lease, Lessor may, at its election, and at any time or times, (i) perform the work and Lessee shall
reimburse Lessor for the cost thereof within thirty (30) days after bill is rendered, (ii) take title to all or
any portion of such structures or property by giving notice of such election to Lessee, and/or (iii) treat
Lessee as a holdover tenant at will until such removal and restoration is completed.
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Section 16. FIBER OPTICS.
Lessee shall telephone Lessor during normal business hours (7:00 a.m. to 9:00 p.m.,
Central Time, Monday through Fridays, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day
number for emergency calls) to determine if fiber optic cable is buried on the Premises. Lessor may
change the telephone number and hours of operation by giving Lessee notice of the change. If cable is
buried on the Premises, Lessee will telephone the telecommunications company(ies), arrange for a cable
locator, and make arrangements for relocation or other protection of the cable. Notwithstanding
compliance by Lessee with this Section 16, the release and indemnity provisions of Section 12 above
shall apply fully to any damage or destruction of any telecommunications system.
Section 17. NOTICES.
Any notice, consent or approval to be given under this Lease shall be in writing, and
personally served, sent by facsimile to (402) 501-0340, by email or by reputable courier service, or sent
by certified mail, postage prepaid, return receipt requested, to Lessor at: Union Pacific Railroad
Company, Attn: AVP - Real Estate, Real Estate Department, 1400 Douglas Street, Stop 1690, Omaha,
Nebraska 68179; and to Lessee at the above address, or such other address as a party may designate in
notice given to the other party. Mailed notices shall be deemed served five (5) days after deposit in the
U.S. Mail. Notices which are faxed, emailed, are personally served or sent by courier service shall be
deemed served upon receipt.
Section 18. ASSIGNMENT.
A. Lessee shall not sublease the Premises, in whole or in part, or assign, encumber or
transfer (by operation of law or otherwise) this Lease, without the prior consent of Lessor, which consent
may be denied at Lessor's sole and absolute discretion. Any purported transfer or assignment without
Lessor's consent shall be void and shall be a default by Lessee.
B. Subject to this Section 18, this Lease shall be binding upon and inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors and assigns.
Section 19. CONDEMNATION.
If, as reasonably determined by Lessor, the Premises cannot be used by Lessee because of
a condemnation or sale in lieu of condemnation, then this Lease shall automatically terminate. Lessor
shall be entitled to the entire award or proceeds for any total or partial condemnation or sale in lieu
thereof, including, without limitation, any award or proceeds for the value of the leasehold estate created
by this Lease. Notwithstanding the foregoing, Lessee shall have the right to pursue recovery from the
condemning authority of such compensation as may be separately awarded to Lessee for Lessee's
relocation expenses, the taking of Lessee's personal property and fixtures, and the interruption of or
damage to Lessee's business.
Section 20. ATTORNEY'S FEES.
If either party retains an attorney to enforce this Lease (including, without limitation, the
indemnity provisions of this Lease), the prevailing party is entitled to recover reasonable attorney's fees.
Section 21. RIGHTS AND OBLIGATIONS OF LESSOR.
If any of the rights and obligations of Lessor under this Lease are substantially and negatively
affected by any changes in the laws applicable to this Lease, whether statutory, regulatory or under
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federal or state judicial precedent, then Lessor may require Lessee to enter into an amendment to this
Lease to eliminate the negative effect on Lessor's rights and obligations to the extent reasonably possible.
Section 22. MODIFICATION, WAIVER OF DEFAULT, ENTIRE AGREEMENT.
No waiver, modification or amendment to this Lease, including specifically but not limited to,
any indemnity and/or insurance requirement herein, shall be of any force or effect unless made in writing,
signed by Lessor and Lessee and specifying with particularity the nature and extent of such waiver,
modification or amendment. This Lease is the entire agreement between the parties, and supersedes all
other oral or written agreements between the parties pertaining to this transaction, and any other lease
under which all or any portion of the Premises was leased to Lessee. Notwithstanding the prior sentence,
Lessee shall retain any and all obligations and liabilities which may have accrued under any other such
agreements prior to the commencement of the term of this Lease.
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Approved: Insurance Group
Created: 2/10/06
Last Modified: 7/2/07
EXHIBIT C
Union Pacific Railroad
Contract Insurance Requirements
Lease of Land
Lessee shall, at its sole cost and expense, procure and maintain during the life of this Lease (except as
otherwise provided in this Lease) the following insurance coverage:
A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of
not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL
insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing
equivalent coverage). The policy must also contain the following endorsement, which must be stated on
the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute
form providing equivalent coverage) showing “Premises” as the Designated Job Site.
B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00
01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not
less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including
owned, hired, and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a
substitute form providing equivalent coverage) showing “Premises” as the Designated Job Site.
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers Compensation and Employers Liability insurance. Coverage must include but not be
limited to:
Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this
Agreement.
Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit
$500,000 each employee.
If Lessee is self-insured, evidence of state approval and excess workers compensation coverage must be
provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers'
Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable.
In any and all Claims against Lessor by any employee of Lessee, Lessee’s indemnification obligation
under this section shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable under any workers compensation acts, disability benefits acts or
other employee benefits acts.
D. Pollution Liability insurance. If permitted use as defined in this Lease includes any generation,
handling, enrichment, storage, manufacture, or production of hazardous materials pollution liability
insurance is required. Pollution liability coverage must be written on ISO form Pollution Liability
Coverage Form Designated Sites CG 00 39 12 04 (or a substitute form providing equivalent liability
coverage), with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000.
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If hazardous materials are disposed of from the Premises, Lessee must furnish to Lessor evidence of
pollution legal liability insurance maintained by the disposal site operator for losses arising from the
insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and
an annual aggregate of $2,000,000.
E. Umbrella or Excess insurance. If Lessee utilizes umbrella or excess policies, these policies must
“follow form” and afford no less coverage than the primary policy.
Other Requirements
F. All policy(ies) required above must include Lessor as “Additional Insured” using ISO Additional
Insured Endorsement CG 20 11 (or a substitute form providing equivalent coverage). The coverage
provided to Lessor as additional insured shall, to the extent provided under ISO Additional Insured
Endorsement CG 20 11, provide coverage for Lessor’s negligence whether sole or partial, active or
passive, and shall not be limited by Lessee's liability under the indemnity provisions of this Lease.
G. Lessee waives all rights against Lessor and its agents, officers, directors and employees for
recovery of damages to the extent these damages are covered by the workers compensation and
employers’ liability or commercial umbrella or excess liability insurance obtained by Lessee required by
this agreement.
H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate
of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that
may arise under this Lease, or (b) all punitive damages are prohibited by all states in which the Premises
are located.
I. All insurance policies must be written by a reputable insurance company acceptable to Lessor or
with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business
in the state where the Premises are located.
J. The fact that insurance is obtained by Lessee, or by Lessor on behalf of Lessee, will not be
deemed to release or diminish the liability of Lessee, including, without limitation, liability under the
indemnity provisions of this Lease. Damages recoverable by Lessor from Lessee or any third party will
not be limited by the amount of the required insurance coverage.
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PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE
220 Fourth Ave S
Kent, WA 98032
253-856-5100
DATE: October 18, 2018
TO: Parks and Human Services Committee
SUBJECT: Directors Report
SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community
Services Department, will inform the committee of noteworthy information and
upcoming events.
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