PROJECT MANUAL

EASTRIDGE PARK RENOVATION

PK26-01

PROJECT SITE LOCATION

143 AVE & se 257TH PL, Kent, WA 98042

DELIVER BIDS TO

City Clerk’s Office, Kent City Hall

220 Fourth Ave. South, Kent, WA 98032

BIDS ACCEPTED UNTIL

(Bid Submittal Date and Time)

Tuesday, August 25th, 2026

1:30 pm

BID OPENING

Immediately After Bid Submittal Time

Kent City Hall

OWNER

City of Kent Parks, Recreation & Community Services

220 Fourth Ave. South, Kent, WA 98032

Julie Parascondola CPRE, Director

PROJECT MANAGER

Chris Polk

Parks Planning & Development Division

ARCHITECT/CONSULTANT

RRM design group

PROJECT MANUAL CONTENTS

1. PROJECT LOCATION

2. CONTRACT, BOND and INSURANCE

3. INVITATION TO BID and INFORMATION

4. BIDDER PACKET

5. KENT PARKS SPECIAL PROVISIONS and

SPECIFICATIONS

6. PREVAILING WAGE RATES

7. APPENDICES

A. CITY OF KENT SPECIAL PROVISIONS

(INTENTIONAL BLANK PAGE)

PROJECT LOCATION

143 AVE & se 257TH PL, Kent, WA 98042

This Contract form is provided for example purposes only. By submitting a bid, the bidder agrees to be bound by the terms of this Contract if awarded the Bid.

CONTRACT

THIS AGREEMENT, made in duplicate, is entered into between the CITY OF KENT, a

Washington municipal corporation (“City”), and , organized under the laws of the State of , located and doing business at (“Contractor”).

WITNESS:

In consideration of the terms and conditions contained in this Contract and in the project documents, plans, and specifications, all of which are made a part of this Agreement, the parties agree as follows:

1. The Contractor shall do all work and furnish all tools, materials, and equipment for the EASTRIDGE PARK RENOVATION in accordance with and as described in the

Contract and shall perform any alterations in or additions to the work provided under the Contract and every part thereof. The Contract shall include all project specifications, provisions, and plans; the Kent Parks Special Provisions; the Kent

Special Provisions; the current Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of

Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations, if applicable (“Standard Specifications”); the City’s bid documents; and the

Contractor’s response to the City’s bid; collectively “the Contract.” The Contractor is responsible to obtain copies of the current Specifications including the latest amendments as of the date of bid opening. Unless otherwise directed by the City, work shall start within ten (10) working days after the City issues its Notice to Proceed and physical work shall be substantially completed within [Comments] working days* (*defined as Monday through Friday). The term of this Contract shall continue until all work has been completed, final acceptance has occurred, and all Contractor obligations have been fulfilled.

The Contractor shall provide and bear all expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in the Contract and every part thereof, except where the specifications may allocate that responsibility to the City.

The total contract amount for all Work performed under this Contract, including

Washington State Sales Tax, is $ .

2. City hereby promises and agrees with the Contractor to employ, and does employ, the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the Contract and the terms and conditions herein contained and hereby contracts to pay for the same according to the Contract and the schedule of unit or itemized prices provided by

Contractor in its response to the City’s bid, at the time and in the manner and upon the conditions provided for in the Contract.

3. Contractor for itself, and for its heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all covenants herein contained upon the part of the Contractor.

4. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein.

5. Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, volunteers and assigns 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 performance of this contract, except for injuries and damages caused by the sole negligence of the City.

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 contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence.

IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE

INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR’S WAIVER

OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE

PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE

THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this contract.

6. Contractor agrees, upon the City's written demand, to make all books and records available to the City for inspection, review, photocopying, and audit in the event of a contract related dispute, claim, modification, or other contract related action at reasonable times (not to exceed three (3) business days) and at places designated by the City.

7. The Contractor shall procure and maintain, during the term of construction and throughout the specified term of maintenance, insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference.

8. Contractor is responsible for locating any underground utilities affected by the work and is deemed to be an excavator for purposes of RCW Ch. 19.122, as amended.

Contractor shall be responsible for compliance with RCW Ch. 19.122, including utilization of the “one call” locator service before commencing any excavation activities.

9. Contractor shall fully cover any and all loads of loose construction materials, including but not limited to sand, dirt, gravel, asphalt, excavated materials, construction debris, etc. to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the

City.

CITY OF KENT

BY:

DANA RALPH, MAYOR

DATE:

ATTEST:

KIMBERLEY A. KOMOTO, CITY CLERK

APPROVED AS TO FORM:

KENT LAW DEPARTMENT

CONTRACTOR

SIGNATURE

PRINT NAME

TITLE

DATE

This Bond form is provided for example purposes only. By submitting a bid, the bidder agrees to be bound by the terms of this Bond if awarded the Bid.

PAYMENT AND PERFORMANCE BOND

TO CITY OF KENT

KNOW ALL MEN BY THESE PRESENTS:

That we, the undersigned, ______________________________________ , as Principal, and ___________________________________________________ , a Corporation organized and existing under the laws of the State of Washington, as a Surety Corporation, and qualified under the laws of the State of Washington to become Surety upon bonds of Contractors with Municipal Corporations, as Surety, are jointly and severally 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 price because of changes in the contract work, for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be.

This obligation is entered into in pursuance of the statutes of the State of Washington, and 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 Council of the City of Kent, King County, Washington, the Mayor of the City of Kent has let or is about to let to the above bounden Principal, a certain contract, the said contract providing for construction of EASTRIDGE PARK RENOVATION (which contract is referred to herein 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:

NOW, THEREFORE, for non-FHWA projects only, if the Principal shall faithfully perform all the provisions of said contract in the manner and within the time herein set forth, or within 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 Principal or subcontractors with provisions and supplies for the carrying on of said work and shall indemnify and hold the CITY OF KENT harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their separate seals. The name and corporate seal (if required by law) of each corporate party is hereto affixed and duly signed by its undersigned representatives pursuant to authority of its governing body.

TWO WITNESSES:

NAME OF PRINCIPAL

BY: _____________________ BY: _________________________

________________________ TITLE: _________________________

DATE: ___________________ DATE: _________________________

BY: _____________________

DATE: ____________________ SURETY: ________________________

BY: _____________________________

CORPORATE SEAL:

DATE: ___________________________

TITLE: ___________________________

ADDRESS: _______________________

CERTIFICATE AS TO CORPORATE SEAL

I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within Bond; that ________________________________________________

Who signed the said bond on behalf of the Principal ___________________________ of the said Corporation; that I know his signature thereto is genuine, and that said Bond was duly signed, sealed, and attested for and on behalf of said Corporation by authority of its governing body.

SECRETARY OR ASSISTANT SECRETARY

INSURANCE REQUIREMENTS FOR

Insurance

The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors.

A. Minimum Scope of Insurance

Contractor shall obtain insurance of the types described below:

1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or its equivalent, with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1-year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work. The Commercial General Liability insurance shall be endorsed to provide the Aggregate per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an Additional Insured under the Contactor’s Commercial General Liability insurance policy with respect to the work performed for the City. All endorsements adding Additional Insureds shall be issued on form CG 20 10 11 85 or a form deemed equivalent, providing the Additional Insureds with all policies and endorsements set forth in this section.

2. 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.

3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

B. Minimum Amounts of Insurance

Contractor shall maintain the following insurance limits:

1. Commercial General Liability insurance shall be written with minimum limits of $3,000,000 per occurrence and in the aggregate for each 1 year policy period. This coverage may be any combination of primary, umbrella or excess liability coverage affording total liability limits of not less than $3,000,000 per occurrence and in the aggregate. Products and

Completed Operations coverage shall be provided for a period of 3 years following Substantial Completion of the work.

INSURANCE REQUIREMENTS (Continued)

2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

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:

1. The Contractor’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 Contractor’s insurance and shall not contribute with it.

2. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice 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 contractor 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 Contractor’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. Contractor’s Insurance for Other Losses

The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor’s employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, 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 property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise.

F. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than

A:VII.

INSURANCE REQUIREMENTS (Continued)

G. Verification of Coverage

Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work.

H. Subcontractors

Contractor 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 Contractor.

INVITATION TO BID

Notice is hereby given that the City of Kent, Washington, will receive sealed bids at the City Clerk’s office through August 25, 2026, up to 1:30 p.m., as shown on the clock on the east wall of the City Clerk’s Office on the first floor of City Hall, 220 4th Avenue South, Kent, Washington 98032. All bids must be properly marked and sealed in accordance with this “Invitation to Bid.” Bids must be delivered and received at the City Clerk’s 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 opening for the City of Kent project named:

Eastridge Park Renovation

The project consists of a new expanded playground, new ADA sidewalk as well as a new formalized path to the properties west of the park. New standardized site furnishings and frontage fence along with a small number of new tree plantings

The Engineer’s estimated range for this project is $530,000 to $580,000. For questions, please email Chris Polk, cpolk@kentwa.gov The email Subject line should read “Eastridge Bidder questions.” All questions must be received via email by 4:00 pm on August 21st, 2026

A Pre-Bid Meeting will be held at 1:00 PM on Tuesday August 11, 2026, on site at Eastridge Park. Bids must be clearly marked “Bid” with the name of the project on the outside of the envelope, addressed to the City Clerk, 220 4th Avenue South, Kent, WA 98032-5895. Only sealed bids will be accepted. No facsimiles or electronic submittals will be considered.

Each bid shall be in accordance with the plans and specifications and other contract documents now on file in the office of Parks Planning and Development, City of Kent, Washington. Plans and specifications can be downloaded at no charge at KentWA.gov/Procurement. Copies of the WSDOT Standard Specifications are available for perusal only.

Apprentice Utilization Requirements are mandatory for all public works estimated to cost one million dollars or more, in which case no less than 15% of the labor hours must be performed by apprentices. KCC 6.01.030.

A cashier’s check, cash or surety bond in the amount of 5% of the bid must be included with the bid.

The City of Kent reserves the right to reject any and all bids on any or all schedules or alternates or to waive any informalities in the bidding and shall determine which bid or bidders is the most responsive, satisfactory and responsible bidder and shall be the sole judge thereof.

mailto:cpolk@kentwa.gov http://www.kentwa.gov/procurement

No plea of mistake in the bid shall be available to the bidder for the recovery of his/her deposit or as a defense to any action based upon the neglect or refusal to execute a contract.

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.

Dated July 29, 2026

BY:

Kimberley A. Komoto, City Clerk

Published in Daily Journal of Commerce on August 4th, 2026

INFORMATION FOR BIDDERS

Bidders shall be qualified by ability, experience, financing, equipment, and organization to do the work called for in the contract documents. The City reserves the right to take whatever action it deems necessary to ascertain the ability of the Bidder to perform the work satisfactorily. This action includes the City’s review of the qualification information in the bid documents.

o The City will use this qualification data in its decision to determine whether the lowest responsive bidder is also responsible and able to perform the contract work. If the City determines that the 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 City, in its sole judgment, determines is also responsible and able to perform the contract work (the “lowest responsive and responsible bidder”).

All blanks in the proposal forms must be appropriately filled in. Bid documents must contain original signature pages. Facsimiles are not acceptable and are considered non-responsive submittals.

All bids must be sealed and delivered in accordance with the “Invitation to Bid.” Bids must be received at the City Clerk’s office by the stated time, regardless of delivery method, including

U.S. Mail.

The City also reserves the right to include or omit any or all schedules or alternates of the

Proposal and will award the contract to the lowest responsive, responsible bidder based on the total bid amount, including schedules or alternates selected by the City.

A Bidder who wishes 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. In such event.

o The affidavit shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the bid.

o The affidavit and the work sheets shall be submitted to the City’s Representative no later than 5:00 p.m. on the first business day after bid opening, or the claim will not be considered.

o The City’s Representative will review the certified work sheets to determine the validity of Bidder’s claimed error and make a recommendation to the City. If the City 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.

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.

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 10-day period, the City may, 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.

Successful bidder (Contractor) shall hold a valid City of Kent Business License. Visit https://www.kentwa.gov/pay-and-apply/apply-for-a-business-license for details and instructions.

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 successful bidder, as 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 successful bidder, as the Contractor, due to its failure to submit the required documents to the City in accordance with this schedule.

The “Payment and Performance Bond” shall comply with Ch. 39.08 of the Revised Code of

Washington, be in the form provided for in the bid packet, and be conditioned upon contractor’s faithful performance of the work free of defects and the payment of all taxes and wages owed to laborers, mechanics, subcontractors, and material men.

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, Washington.

Bidders 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.

Bidders shall refer to the insurance requirements in the bid packet, which constitute the insurance the successful bidder will be required to carry for this project. Submittal of a bid affirms a bidder’s ability to maintain such insurance.

All bids must be submitted with the current COVID-19 pandemic in mind and include the costs the successful bidder, as Contractor, will incur in timely performing the work while complying with all federal, state, and local job site requirements, including social distancing, sanitation measures, and required personal protective equipment. Contractor shall not be excused for delay, and no change order will issue for increased costs or additional time, due to Contractor’s requirement to meet COVID-19 mitigation measures established by any federal or state agency or official and required as of the date of bid opening. Should a federal or state agency or official impose subsequent mitigation measures that are not reasonably foreseeable, the parties agree to negotiate in good faith the impact those measures have on the contract work.

https://www.kentwa.gov/pay-and-apply/apply-for-a-business-license

BIDDER PACKET

KING COUNTY, WASHINGTON

COMPANY NAME:

Company Contact NAME:

Company Contact PHONE:

Company Contact EMAIL:

DELIVER BIDS TO:

CITY CLERK’S OFFICE, KENT CITY HALL

220 FOURTH AVENUE SOUTH

KENT, WASHINGTON 98032

BIDS ACCEPTED UNTIL:

(Bid Submittal Date and Time)

Tuesday, August 25th, 2026

1:30 pm

BID OPENING:

IMMEDIATELY AFTER BID SUBMITTAL TIME

KENT CITY HALL, FIRST FLOOR

BIDDER PACKET CONTENTS and

BIDDER CHECKLIST

The following checklist is a guideline to help the Contractor ensure all forms are complete. The bidder’s attention is especially called to the following forms. Failure to execute forms as required may result in rejection of any bid.

BIDDER FORMS:

☐ BIDDER PACKET COVER PAGE WITH BIDDER’S CONTACT INFORMATION

☐ BID BOND FORM

☐ CONTRACTOR COMPLIANCE STATEMENT

☐ DECLARATION CITY OF KENT NON-DISCRIMINATION POLICY

And CITY OF KENT ADMINISTRATIVE POLICY 1.2 – Minority and Women

Contractors

☐ SUBCONTRACTOR LIST for Contracts over $100K (over 10% of work)

☐ SUBCONTRACTOR LIST for Contracts over $1M (HVAC, plumbing & electrical)

☐ SUBCONTRACTOR LIST for Contracts over $1M (structural steel & rebar)

☐ CONTRACTOR’S QUALIFICATION STATEMENT

Include attachments if necessary; Notarize

☐ BIDDER RESPONSIBILITY CRITERIA – Qualified Bidder

☐ BIDDER RESPONSIBILITY CRITERIA – Compliant with Wage Statutes

☐ COMBINED DECLARATION FORM - Non-Collusion and Minimum Wage

☐ PROPOSAL WITH BID SCHEDULE

Verify all calculations

☐ PROPOSAL SIGNATURE PAGE

Acknowledge any addenda

FORMS FOR USE UPON CONTRACT AWARD *

* Successful Bidder (Contractor) is bound to use of these forms.

☐ CONTRACT (see Manual Section 2)

FOR USE UPON AWARD NOTIFICATION

☐ PAYMENT AND PERFORMANCE BOND FORM (see Manual Section 2)

FOR USE UPON AWARD NOTIFICATION

☐ INSURANCE REQUIREMENTS (see Manual Section 2)

CONTRACTOR SHALL PROVIDE PROOF OF REQUIRED COVERAGE

☐ CHANGE ORDER (C.O.) FORM

☐ REQUEST FOR INFORMATION (RFI) FORM

☐ VENDOR SETUP FORM

REQUIRED IF CONTRACTOR HAS NOT PREVIOUSLY WORKED FOR CITY OF KENT

☐ CITY OF KENT BUSINESS LICENSE (No sample provided)

OBTAIN AT https://www.kentwa.gov/doing-business/city-taxes/business-licenses https://www.kentwa.gov/doing-business/city-taxes/business-licenses

KENT PARKS

BIDDER FORMS

BID BOND FORM

KNOW ALL MEN BY THESE PRESENTS:

That we, , as Principal, and

, as Surety, are held and firmly bound unto the CITY OF KENT, as the Obligated, in the penal sum of $ __

Dollars, for the payment of which the Principal and the Surety bond themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligated shall make any award to the Principal for EASTRIDGE PARK RENOVATION

According to the terms of the proposal or bid made by the Principal thereof, and the Principal shall duly make and enter into a contract with the Obligated in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with

Surety or Sureties approved by the Obligated; or if the Principal shall, in case of failure so to do, pay and forfeit to the Obligated the penal amount of the deposit specified in the invitation to bid, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect and the Surety shall forthwith pay and forfeit to the Obligated, as penalty and liquidated damaged, the amount of this bond.

SIGNED, SEALED AND DATED THIS _____ DAY OF 20

PRINCIPAL

SURETY

Received return of deposit in the sum of $

DATE: , 20

CONTRACTOR COMPLIANCE STATEMENT

(Presidential Executive Order #11246)

This statement relates to a proposed contract with the City of Kent named

I am the undersigned bidder or prospective contractor. I represent that –

I have ____ I have not____ participated in a previous contract or subcontract subject to

Presidential Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order.

NAME OF BIDDER

DATE

SIGNATURE

TITLE

ADDRESS

CITY, STATE ZIP

(Note to Bidders: The information required in this Compliance Statement is informational only)

DECLARATION

CITY OF KENT NON-DISCRIMINATION POLICY

The City of Kent (City) is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors, consultants, vendors, and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies.

The City of Kent and its contractors are subject to and will comply with the following:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat.

252), (prohibits discrimination on the basis of race, color, national origin);

• 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted

Programs Of The Department Of Transportation-Effectuation Of Title VI Of

The Civil Rights Act Of 1964);

• 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964).

• Ch. 49.60 RCW (Washington Law Against Discrimination)

The preceding statutory and regulatory cites hereinafter are referred to as “the Acts and

Regulations”.

The following statements specifically identify the requirements the City deems necessary for any contractor, subcontractor, or supplier on this specific Agreement to adhere to. An affirmation of all of the following is required for this Agreement to be valid and binding. If any contractor, subcontractor, or supplier willfully misrepresents themselves with regard to the directives outlined below, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement.

The statements are as follows:

1. I have read the attached City of Kent administrative policy number 1.2.

2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability.

3. During the time of this Agreement I, the prime contractor, will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer.

4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities.

5. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

A. Compliance with Regulations: The contractor, subcontractor, consultant, vendor, and supplier (hereinafter “Contractor”) will comply with all Acts and the Regulations relative to non-discrimination, including those applicable to

Federally-assisted programs of the U.S. Department of Transportation, State-assisted programs through the Washington State Department of Transportation, and generally under Washington’s Law Against Discrimination, Ch. 49.60 RCW, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

B. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

C. Solicitations for Subcontracts, Including Procurements of Materials and

Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin.

D. Information and Reports: The contractor will provide all information and reports required by the Acts and Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined applicable to contractor’s contract by the City or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Acts and Regulations and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the City or the Washington State Department of Transportation, as appropriate, and will set forth what efforts it has made to obtain the information.

E. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the non-discrimination provisions of this contract, the City will impose such contract sanctions as it or the Washington State Department of Transportation may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

F. Incorporation of Provisions: The contractor will include the provisions of paragraphs (A) through (F) above in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts and Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the City or the Washington State

Department of Transportation may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

6. During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR

Part 21.

ii. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of

1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

iii. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

iv. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

v. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

vi. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

vii. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age

Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

viii. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of

Transportation regulations at 49 C.F.R. parts 37 and 38;

ix. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §

47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

x. Executive Order 12898, Federal Actions to Address Environmental Justice in

Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

xi. Executive Order 13166, Improving Access to Services for Persons with Limited

English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to

74100);

xii. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.

1681 et seq).

xiii. Washington Law Against Discrimination (Ch. 49.60 RCW)

7. The submission of the final invoice for this contract will constitute a reaffirmation that the preceding statements were complied with during the course of the contract’s performance.

By signing below, I agree to fulfill the five requirements referenced above.

By: __________________________________________

For: _________________________________________

Title: ________________________________________

Date: ________________________________________

ADMINISTRATIVE POLICY

NUMBER: 1.2 EFFECTIVE DATE: October 20, 2022

SUBJECT: INCLUSIVE CONTRACTING SUPERSEDES: January 1, 1998

APPROVED BY Dana Ralph, Mayor

POLICY:

Equal employment opportunity and non-discrimination in contracting requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants, and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps:

1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer.

2. Actively consider for promotion and advancement available minorities and women.

Further, all contractors, subcontractors, consultants, suppliers, grantees, or subgrantees of the City, regardless of the value of the Agreement, are required to sign the City’s Non- Discrimination Policy Declaration, prior to commencing performance.

Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement.

Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to coordinate with the City’s Title VI coordinator, and perform the following duties for their respective departments.

1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy.

2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.

SUBCONTRACTOR LIST

(Contracts over $100,000)

List each subcontractor, from any tier of subcontractors, that shall perform subcontract work amounting to more than 10% of the total bid contract price. List each bid item to be performed by each designated subcontractor in numerical sequence. If no subcontractors will be performing 10% or more of the work, indicate this by writing “None” and signing this form at the bottom of the page. Failure to submit a fully completed and signed subcontractor list after the time set for bid opening may disqualify your bid.

Project Name: EASTRIDGE PARK RENOVATION

Project Number: PK26-01

Subcontractor Name Item Numbers:

Subcontractor Name ________________________________________________

Subcontractor Name ________________________________________________

BIDDER’S SIGNATURE _____________________________________________

(Contracts over $1 Million)

HVAC, PLUMBING AND ELECTRICAL

Name of Bidder:

Pursuant to RCW 39.30.060, Bidder shall list the names of the subcontractors with whom the

Bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation, and air conditioning; plumbing; and electrical, or to name itself for the work.

Failure of the Bidder to submit, within one hour after the published bid submittal time, the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the Bidder’s Bid non-responsive and, therefore, void.

Heating, Ventilation and Air Conditioning Subcontractor Name:

Plumbing Subcontractor Name:

Electrical Subcontractor Name:

Bidder’s Signature Date

(Contracts over $1 Million)

STRUCTURAL STEEL INSTALLATION AND REBAR INSTALLATION

Name of Bidder:

Pursuant to RCW 39.30.060, Bidder shall list the names of the subcontractors with whom the Bidder, if awarded the contract, will subcontract for performance of the work of heating, ventilation, and air conditioning; plumbing; and electrical, or to name itself for the work.

Failure of the Bidder to submit, within 48 hours after the published bid submittal time, the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the Bidder’s Bid non-responsive and, therefore, void.

Structural Steel Installation Subcontractor Name:

Rebar Installation Subcontractor Name:

Bidder’s Signature Date

CONTRACTOR’S QUALIFICATION STATEMENT

(RCW 39.04.350) for

THE CITY WILL REVIEW THE CONTRACTOR’S RESPONSES TO THIS FORM TO

DETERMINE WHETHER THE BIDDING CONTRACTOR IS RESPONSIBLE TO PERFORM

THE CONTRACT WORK. THIS FORM REQUIRES CRITERIA ESTABLISHED BY STATE

LAW AS WELL AS SUPPLEMENTAL CRITERIA ESTABLISHED BY THE CITY THAT ARE

APPLICABLE TO THIS PUBLIC WORKS PROJECT.

THE BIDDER SHOULD READ AND RESPOND TO THIS FORM CAREFULLY.

Indicators of contractor 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 taxpayers 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 perform the contract work.

The city’s supplemental criteria are based, in large part, on the qualification statement form used by the American Institute of Architects. The city provides these criteria to provide the most objective framework possible within which the city will make its decision regarding the bidder’s ability to be responsible to perform the contract work. These criteria, taken together, will form the basis for the city’s decision that a bidder is or is not responsible to perform the contract work.

Any bidder may make a formal written request to the city to modify the criteria set forth in this qualification statement, but that request may only be made within 48 hours of the date and time that the bidder first obtains the bid documents or three (3) business days prior to the scheduled bid opening date, whichever occurs first. If the city receives a modification request, it will consider any information submitted in the request and will respond before the bid submittal deadline. If the city’s evaluation results in changed criteria, the city will issue an addendum establishing the new or modified criteria.

If the city determines that, based on the criteria established in this statement, a bidder is not responsible to perform the contract work, the city will provide written notice of its determination that will include the city’s reason for its decision. The bidder has 24 hours from the time the city delivers written notice to the bidder that the bidder is not responsible to perform the contract work to appeal the city’s determination. No appeals will be received after the expiration of this 24-hour appeal period. The city may deliver this notice by hand delivery, email, facsimile, or regular mail. In the event the city uses postal mail, the delivery will be deemed complete three days after being placed in the U.S. Mail. The bidder’s right to appeal is limited to the single remedy of providing the city with additional information to be considered before the city issues a final determination. Bidder acknowledges and understands that, as provided by RCW 39.04.350, no other appeal is allowed and no other remedy of any kind or nature is available to the bidding contractor if the City determines that the bidder is not responsible to perform the contract work.

If the bidder fails to request a modification within the time allowed or fails to appeal a determination that the bidder is not responsible within the time allowed, the city will make its determination of bidder responsibility based on the information submitted.

COMPLETE AND SIGN THIS FORM AS PART OF YOUR BID. FAILURE TO PROPERLY

COMPLETE THIS FORM MAY ALSO RESULT IN A DETERMINATION THAT YOUR BID IS

NON-RESPONSIVE AND THEREFORE VOID.

THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH

AN ATTORNEY IS ENCOURAGED 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.

BIDDER NAME:

NAME OF PRINCIPAL:

PHYSICAL ADDRESS

OF PRIMARY OFFICE:

MAILING ADDRESS:

PRIMARY PHONE:

STATUTORY REQUIREMENTS

1. MINIMUM CRITERIA REQUIRED BY WA STATE LAW

1.1 Provide a copy of your Department of Labor and Industries certificate of registration in compliance with chapter 18.27 RCW.

1.2 If applicable, provide a copy of your plumbing contractor license in compliance with chapter 18.106 RCW, an elevator contractor license in compliance with chapter 19.28 RCW, or an electrical contractor license in compliance with chapter

19.28 RCW, as required under the provisions of those chapters.

1.3 Provide your current state unified business identifier number.

1.4 Provide proof of applicable industrial insurance coverage for your employees working in Washington as required in Title 51 RCW, together with an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW. Providing a copy of a state of Washington “Master License Service Registration and Licenses” form is typically sufficient evidence of the requirements of this subsection.

1.5 Provide a statement*, signed by a person with authority to act and speak for your company, that your company, including any subsidiary companies or affiliated 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 or

39.12.065 (3). *Form included with Bidder’s Package.

1.6 Provide a signed statement*, signed under penalty of perjury by a person with authority to act and speak for your company, that within the three-year period immediately preceding the bid solicitation date, your company is not a “willful” violator as defined in RCW 49.48.082, of any provisions 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.