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Entry Properties
Modified
1/13/2024 1:26:17 AM
Created
10/30/2018 6:59:56 PM
Path
\Community Development\Permits\Permanent Records\2015\15-105173
Template
CD Files and Plans
Fields
Permit Type
Mechanical
Permit Number
15-105173
Name
SAUCEDO
Address
33827 26TH AVE SW
Parcel Number
010920 0370
0109200370
HomeMy WebLinkAboutAG 13-150 RETURN TO: PW ADMIN EXT: 2700 ID#: 31.0 7 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON:IllzArt-'S a- L1 4 10,--- EXT: 2 7S- 0 3. DATE REQ.BY: 4 e 3. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCEei, 13 ...1 ❑ RESOLUTION „2--CONTRACT AMENDMENT 001):): T, ' 0 INTERLOCAL ❑ OTHER .. `, C- S t 4. PROJECT NAME: kr v3.4e--ir � � ��'� L(�' Csvi "-440 5. NAME OF CONT CT R' ? 0 - •O"' _ J ADDRESS: ( Xi i, --^ .. . A U '4 / 0711 A/4 r'1�..3,' fELEPHONE: E-MAIL: \ i / FAX: I SIGNATURE NAME:�'t/__ ;.. );i l'�/ p%:-_.,••'� TITLE: I// 6;i7 1/ ` tler 6. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES o COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / ' De-C- 3( zo1 r "7 ,- r 7. TERM: COMMENCEMENT DATE: l� '`oQ�' A COMPLETION DATE: 8. TOTAL COMPENSATION:$ i 1 ' 1s / &l b • o ', (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES o NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES ❑NO IF YES,$ PAID BY: 0 CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED f _ ,,-- -� ❑ PURCHASING: PLEASE CHARGE TO: �1 L/`r "- 3L (/` , ' '/-+1L -2 `�r(� � � 9. DOCUMENT/CONTRACT REVIEW INITIAL'' A /DATE REVIEWED INITIAL/DATE APPROVED o PROJECT MANAGER It `Ic yt DIVISION MANAGER )14", l a(L I(ii DIRECTOR DIRECTOR cZ. /�iG-- - PV2-\\Q o RISK MANAGEMENT (IF APPLICABLE) �` -LAW DEPT 1/1 11 Q 10. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 1,3 t 4:,,_ SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: p� 11. CONTRACT SIGNATURE ROUTING /11.--a g DATE RECD: �' ( o SENT TO VENDOR/CONTRACTOR DATE SENT: 1 7 o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED LAW DEPT I f e SIGNATOR MAYOR sR DIRECTOR) CI_ 1i(el 1 CITY CLERK y',7 ASSIGNED AG# AG# \3- r SIGNED COPY RETURNED DATE SENT: �.t' .L$ RETURN ONE ORIGINAL L COMM NTS: A vY\QM,�„...A a -40 I h C 4-1....lr-c- (tMO lay 2 �1 .7s�� EXECUTE" "ORIGINALS ,, ci„.-r-rv+.�' a-1-- - r po i i-c -4 $14 c-G--K I GLi "Lit a., - SI" e lA _ ✓rOt t , ft,,DLI L. "ilia-- et-r"44r dc.r of 1-4.),_ I), . 1/2018 CITY OF CITY HALL 33325 8th Avenue South ,.w Federal WayFederal Way. WA 98003-6325 (253) 835-7000 aw�vw cttvoffecleralwav con, AMENDMENT NO. 7 TO PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE This Amendment ("Amendment No. 6") is made between the Cityof Federal Way, a Washington municipal Y � corporation ("City"), and Olson Brothers Pro-Vac, LLC dba Pro-Vac, a Washington limited liability company ("Contractor").The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Infrastructure Maintenance and Service ("Agreement") dated effective July 24, 2013, as amended by Amendment Numbers 1, 2, 3,4, 5, and 6 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-6,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the remaining Term of this agreement.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the ratifiedhaving expiration date and prior to the effective date of this Amendment, are hereby as havig been performed under the Agreement, as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 ''�... Federal Way __ a a - '- IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: hatte,V1A-AAQ Jim Ferrell, ayor ph nie Courtney, CMC y Clerk DATE: APPROVED AS 0 FORM: --c/ J. Ryan Call, City Attorney OLSON BROTHERS PRO-VAC, LLC DBA PRO-VAC: By: 1365 Ll °1:1:"P Printed Name: Lv cat \? ,\o v Title: Date: //- 5_ f� STATE OF WASHINGTON ) ) ss. COUNTY OF I c ec ce. ) On this day personally appeared before me a s'e-L-\ , to me known to be the V .P- of 0 is,) co V\N k s c -U that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this 5 e day of iV u Q- tA7 , 2012, tttttt Notary's signature Notary's printed name i)\-RA con; e kZD S s w�\yg`o:+ p'R ,, Notary Public in and for the State of Washington. 1NRY i8 ; Z = My commission expires 20 2,3 . _ P1I80 .4 TF OF Wi�-' .•tt, AMENDMENT - 2 - 3/2017 CITY OF CITY HALL 4%4A!& Federal Way Feder 8th Avenue South Federal Way.WA 9800303 6325 1253) 835-7000 anv�w cit offerfet adtv,31,corn EXHIBIT B-7 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services,the City shall pay the Contractor an additional amount not to exceed twenty-seven thousand and 00/100 Dollars($27,000.00).The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed one million seventy-five thousand eight hundred and sixty-eight and 00/100 Dollars ($1,075,868.00). 2. Method of Compensation:In consideration of the Contractor performing the Services,the City agrees to pay the Contractor for unit price bid items as specified in the original agreement. AMENDMENT - 3 - 3/2017 RETURN TO: PW ADMIN EXT: 2700 ID #: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON: "lam --fk EXT: 71 S— 3. DATE REQ. BY: AkS14' I 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION .6iVTRACTAMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER Ax t, 4. PROJECT NAME: �/""" ^+e"aMCr— `a-4 4 a: G eA D 5. NAME OF CONTRACTOR: i'J M G` c- ` b' r � �A" 1 r 'v'�c- ADDRESS: iD oW I I OR t'^ '54- a vyvallQ,TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: i - 5`L�( C00 TITLE: V cowl-rcLltr T 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES!COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #0'5 I OL U14 000 OqL, EXP. 12/31/ UnPLETIONDATE: U 09 170 q 15 , EXP. L_i3/l_' 1 GJ p( ( / ( fJ CA 7. TERM: COMMENCEMENT DATE: ` — i 1 b y n � . TOTAL COMPENSATION: $ (Ti I Oct01 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT- ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 1 O I — 3100 — 6i'YO r 5T � t( S —'IT 90 9. DOCUMENT / CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ,zrDIVISION MANAGER 772,, l IPITEPUTY DIRECTOR "IRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) q.LAW DEPT1)619 10. COUNCIL APPROVAL (IF APPLICABLE) `' SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: �V SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ((�� G p ❑ SENT TO VENDOR/CONTRACTOR DATE SENT- b'3t' l DATEREC'D: L -ll -t% ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED NT `B' LAW DEPT SIGNATOR AYOR R DIRECTOR) CITY CLERK ASSIGNED AG # AG# — r SIGNED COPY RETURNED DATE SENT: r � TURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 1/2018 �e-)I Gry OF CITY HALL Ate,.... Fe d e ra I Way Feder 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www. cityoffederaM,ay.corn AMENDMENT NO.6 TO PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE This Amendment ("Amendment No. 6") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Olson Brothers Pro -Vac, LLC dba Pro -Vac, a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for for Surface Water Infrastructure Maintenance and Service ("Agreement") dated effective July 24, 2013, as amended by Amendment Numbers 1, 2, 3, 4, and 5 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-6, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the remaining Term of this agreement. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 9/2018 ` CITY OF CITY HALL .�, 33325 8th Avenue South Federal Way, WA 98003-6325 Fe d e ra I Way (253) 835-7000 www cityof edera/way com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: OLSON BROTHERS PRO -VAC, LLC DBA PRO -VAC: By: I�c Printed Name: U,) 0 s� e-,-, �-sc o o Title: V Date: 01- 6 - / 8 STATE OF WASHINGTON ) ) ss. COUNTY OF P i e.c' c e ) ATTEST: 1 J. Ryan Call, City Attorney On this day personally appeared before me W este,,N to me known to be the U P of O\ S o n that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of 5 QQAQ- Qc- , 201-3. 014 111111 R0�.,111. 130 140TAay9��; PUBLIC ; 2 0'� Notary's signature Notary's printed name e\mac c 9,05,.5- Notary ,0ssNotary Public in and for the State of Washington. My commission expires ? , ao 9 o AMENDMENT - 2 - 9/2018 CITY OF CITY HALL �... 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityorfederahvay com EXHIBIT B-6 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed eighteen thousand and 00/100 Dollars ($18,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed one million Forty -Eight thousand eight hundred and Sixty -Eight and 00/100 Dollars ($1,048,868.00). 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor for unit price bid items as specified in the original agreement. AMENDMENT - 3 - 9/2018 RETURN TO: PW ADMIN EXT: 2700 ID #: CITY OF FEDERAL CWAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 2. ORIGINATING STAFF PERSON: coa'sc- ".1 °-r 6'-j EXT: ZiS C 3. DATE RFQ. BY: AS4� 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ,CTONTRACTAMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: fes! �apc Y/vl�✓ /Y� r �` S �('.� C�'tic ' ' W .n ��a. r �/� c --L 5. NAME OF CONT TOR: T �D - M A c D��SU✓� �jr s�.y S �/ �Jo`c L (.-C `16 -Pro- L ADDRESS: l0� Il -z-46 C„�r 4. ,l�^ V jA L� R.3 "1 3 TELEPHONE:LS 3 - 43S - 43 z. 8 E-MAIL: J FAX: SIGNATURE NAME: t._S ._,, N 00 TITLE: 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIB S❑ � OOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES �RIOR CONTRACT/AMENDMENTS CFW LICENSE# C) io16 �BL, EXP. 12/31/] I7 UBI# �DT Dy -7S . EXP. I I/ 7. TERM: COMMENCEMENT DATE: It Z4 b COMPLETION DATE: 12' (3 I I 1 9 (1'` r ) 8. TOTAL COMPENSATION: $ ( ) O 3 o ► S("5 - C)-> `U % / (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: Lk'I C-A1a'"l e- A 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER Pt -DIVISION MANAGER ,DEPUTY DIRECTOR 10 11 O`l DIRECTOR 1r 7, ❑ RISK MANAGEMENT (IF APPLICABLE) FLAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: It. CONTRACT SIGNATURE ROUTING �SENTTO VENDOR/CONTRACTOR DATE SENT: p�U% ( J/ DATE REC'D: u S �✓ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LIC SES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED -e. LAW DEPT 47 SIGNATORY MAYOR CITY CLERK ASSIGNED AG # AG# I SIGNED COPY RETURNED DATE SENT: RETURN ONE ORIGINAL COMMENTS: J� EXECUTE ° ° ORIGINALS A + 4/2017 CITY OF CITY HALL '�.►: 33325 8th Avenue South Fe d e ra 1 WaFederal y (253) 835 7000A 98003-6325 www. cityoflederahW com AMENDMENT NO.5 TO PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE This Amendment ("Amendment No. 5") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Olson Brothers Pro -Vac, LLC dba Pro -Vac (formerly known as Everson's Econo-Vac, Inc.), a Washington limited liability company ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Infrastructure Maintenance and Service ("Agreement") dated effective July 24, 2013, as amended by Amendment Numbers 1, 2, 3, and 4 as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to modify the rate of payment, as delineated in Exhibit B-2, Bid Form Bid Item No. 7 "Disposal of Vacuumed Solids/Spoils and Item 8 "Disposal of Liquid Decant", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate for the Amended Term, except as otherwise provided in attached Exhibit B-2. Furthermore, except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY OF CITY HALL ,'*•_.. Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: C -.-e , rivirrell, ayor DATE: A 4 --7 OLSON BROTHERS PRO -VAC, LLC DBA PRO -VAC: By - Wesley Brood, VP Controller Date: /y --51- 17 STATE OF WASHINGTON ) ) ss. COUNTY OF PIERCE ) ATTEST: tiGl/ h nie Courtney, CMC, i Clerk APPROVED AST RM: 7pOf J. Ryan Call, City Attorney On this day personally appeared before me Wesle,, Bim, to me known to be the VP Controller of Olson Brothers Pro -Vac, LLC dba Pro -Vac that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this 31 day of Oc-t Jjv-�- , 2017. �.�l�•.. PSIE /Z ,� o°�p1QTAR PUBLIC Notary's signature Notary's printed name M e , t e s Notary Public in and for the State of Washington. My commission expires 7, L o 2 a AMENDMENT - 2 - 3/2017 CITY OF CITY HALL Fe d e ra I Wa 33325 8th Aye South Federal Way. VtrA 98003-6325 (253) 835-7000 www cryoffederaiway com EXHIBIT B-5 CHANGE IN UNIT BID PRICE ITEMS 1. Total Compensation shall remain unchanged. The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Million Thirty Thousand Eight Hundred Sixty -Eight and 00/100 Dollars ($1,030,868.00). 2. Method of Compensation: Modification of Unit Price Bid Items for Reimbursable Expenses Unit Bid Price Item No. 7 "Disposal of Vacuumed Solids/Spoils" shall remain unchanged for disposal allowed under the King County Regional Stormwater Decant Station (a.k.a. the Renton Decant Station) Discharge Permit pursuant to the original Agreement, all previous Amendments, and this Amendment at $70.80/ton. As solids/spoils prohibited under the Renton Decant Station Discharge Permit cannot be disposed of at this location, and must be disposed of at other facilities based on the chemical composition of the contaminated waste, the Contractor shall be reimbursed for the actual Dollar Per Ton fee incurred for disposal of prohibited solids/spoils at an alternate location. Unit Bid Price Item No. 8 "Disposal of Liquid Decant" shall remain unchanged for liquid disposal allowed under the King County Regional Stormwater Decant Station (a.k.a., the Renton Decant Station) Discharge Permit pursuant to the original Agreement, all previous Amendments, and this Amendment at $0.072 per gallon. As liquids prohibited under the Renton Decant Station Discharge Permit cannot be discharged at this location, and must be disposed of at other facilities based on the chemical composition of the contaminated waste, the Contractor shall be reimbursed for the actual $ Per Gallon fee incurred for disposal of prohibited liquid waste. Prior to disposal of solids/spoils/and/or liquid decant at any facility other than the Renton Decant Station, Contractor must contact City representative(s) for authorization of disposal and/or decant at an alternate location. Contractor's representative shall document this authorization within the daily report to be submitted with paid receipt(s) associated with disposal and/or decant costs for reimbursement. Failure to provide this documentation will result in payment for waste disposal and/or liquid decant at the prices established under the original Agreement and all previous Amendments. ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. AMENDMENT - 3 - 3/2017 RETURN TO: PW ADMIN EXT: 2700 ID # -�Oao CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / ✓YyV,1 " I �j 2. ORIGINATING STAFF PERSON: 1 `� V (Jt/� EXT: lj" ✓ 3. DATE REO. BY: 4. TYPE OF DOCUMENT (CHECK ONE): Cl CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION A CONTRACT AMENDMENT (AG#): � �D ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME:So�ace \IVAe SayI" (R"'5I/�� 4klh�� q, V I(�c� 6. NAME OF CONTRACTOR: Dl,.�v �'? Dv Y� S'VY6)-VQG I ,v� A91 ?�-P- � L ADDRESS: 22 I I ZT" 9 37 TELEPHONE: 203'435 ' 4-324e E-MAIL: FAX: SIGNATURE NAME: y L TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICFu'ZES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # Ub lDlL0gf l BL, EXP. 12/31/ UBI # �s�/,�- 1-70 -- q4 , EXP.) 8. TERM: COMMENCEMENT DATE: Z�` 3 COMPLETION DATE: 9. TOTAL COMPENSATION: $ 1 0 3 D S d b L I.t (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: -)� (AY� !/1.1G1 i1 10. DOCUMENT/ CONTRACT REVIEW �CPROJECT MANAGER DIVISION MANAGER 1 `l DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) gL LAW DEPT INITIAL / PATE REVIEWED o/ INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING )) 011 W.ENT TO VENDOR/CONTRACTOR DATE SENT: l- DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS j �LAw DEPT rl iii s_ Qu. SWA W SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # SIGNED COPY RETURNED (l ;RETURN ONE ORIGINAL COMMENTS: EXECUTE 1 :" ORIGINALS INITIAL IAL / DATE SIGNED c 0-/I� 3 2 � DATE SENT: n-9 -001 - / 7 1115 ` CITY OF CITY HALL ,.:�...- Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com AMENDMENT NO.4 TO PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE This Amendment ("Amendment No. 4") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Olson Brothers Pro -Vac, LLC dba Pro -Vac (formerly known as Everson's Econo-Vac, Inc.), a Washington limited liability company ("Contractor"). Olson Brothers Pro -Vac, LLC dba Pro - Vac acquired Everson's Econo-Vac effective September 1, 2016 and began conducting business as Pro -Vac effective January 1, 2017. The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Infrastructure Maintenance and Service ("Agreement") dated effective July 24, 2013, as amended by Amendment Numbers 1, 2, and 3 as follows: 1. Pursuant to section 13.2 of the Agreement, the City and Contractor agree that all of the obligations and rights agreed to by Everson's Econo-Vac, Inc. and the City in the agreement, and all subsequent amendments, shall be assigned to the contractor. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY By:(2z.00000, Ji errell, Mayor DATE:1-7 OLSON BROTHERS PRO -VAC, LLC DBA PRO -VAC Printed Name: Title: �V / ou n � r -C) IQ"Y"- DATE: 011,2-1, -7 STATE OF WASHINGTON ) ) ss. COUNTY OF j UCk— ) ATTEST: jpanie Courtney, CMC,it Clerk Acting City Attorney,1A-A Or44mtto, On t ZChi day personally appeared before me ) SR D A , to me known to be the ,XKL),— of Olson Brothers Pro -Vac, -LLC db a ro-Vac that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this l,23 day of 20-4k 7 ,N'a.+wa0010", ,' Notary's signature 11 �r NIE Rp Notary's printed name r`�, ��,$;•,, , Notary Public in and for the State of Washington. ,#-60 pTARY��; �� My commission expires ., PUBl1Co X03 WA`S�` AMENDMENT - 2 - 1/2015 l,I:.... Ni. nA777 PpwACLLC �iie"L". a�crc"'---- ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 1/05/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER P&C Chicago CONTACT Renee Young acc°NN Exc : 312 595-6200 A/c, No : ADDAREss: chc-inscerts@alliant.com Mesirow Insurance Services INSURER(S) AFFORDING COVERAGE NAIC # 353 N. Clark Street INSURER A: Continental Casualty Company 20443 Chicago, IL 60654 INSURED Olson Brothers ProVac, LLC dba Pro -Vac INSURERS: Allied World Assurance Company 19489 INSURER C: Continental Insurance Company 35289 INSURER D 6622 112th Street East Puyallup, WA 98373 INSURER E INSURER F: CLAIMS -MADE FOCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE NSRADDLSUBR WVD POLICY NUMBER MM/DIDYEFF NYYY Y EXP MM/DDY/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 6043651609 11/16/2016 11/16/201 $1,000,000 PEACH�OECCCURRENCE PREMISES Ea occurrence $1,000,000 CLAIMS -MADE FOCCUR MED EXP (Any one person) $15,000 X PD Ded: $2,000/OCC PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $2,000,000 PRO- POLICY I X1 JECTPRO- LOC OTHER: 602321447 Stop Gap WA $1,000,000 C AUTOMOBILE LIABILITY 11/1612016 11/16/2017 MBINED Ea accidentSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNEDSCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident A IAB X OCCUR 6043651612 11/16/2016 11/16/2017 EACH OCCURRENCE $5,000,000 AGGREGATE s5,000,000 EXCESS LIAB CLAIMS -MADE DED I X RETENTION $10,000 $ COMPENSATION PER OTH- UTEWORKERS TAT ER AND EMPLOYERS' LIABILITY ANY PROP RIETOR/PARTNER/EXECUTIVE 7-1Y /" OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below B Pollution 03098830 11/16/2016 11116/2017 $2,000,000 OCC. Liability $2,000,000 Agg. $10,000 Ded. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: RFB #13-107, Public Works Contract for Surface Water Infrastructure Maintenance and Service. City of Federal Way Public Works is included as an additional insured on General Liability policy where required by written contract. CERTIFIGATE HULUEK I.AtYI.CLLA 1 IVIY CI of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003-6325 AUTHORIZED REPRESENTATIVE �!— t U 1988-2014 AGUKU UUKVUKA I IUN. Au ngnts reserveu. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S22473441M2226111 JZT RETURN TO: Ipw EXT: I;WD ��53 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 1 dadgkC/-gn2!f At"e &J- 2. ORIGINATING STAFF PERSON: Zolfmmrlc EXT: 211 3 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): Cl CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION IX CONTRACT AMENDMENT (AG#): /3- ❑ INTERLOCAL ❑ OTHER 11 NAME OF CONTRA A ADDRESS: A E-MAIL:46de�1 SIGNATURE NAME: tsto TELEPHONE: S3 /5 Et'.aINVVG G�Wt FAX: TITLE: allay l- 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE K ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # 9'/Os7.13 BL, EXP. 12/31/ (p UBI # G,O/ &s31 G , EXP. 8. TERM: COMMENCEMENT DATE:Of-4 rs COMPLETION DATE:%/_T�ZO/9 9. TOTAL COMPENSATION: $45I.W .Z. X31 o e%r - ' (, 0508 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 'f"0/ - ,3(00 - ola - syz - j� = y80 10. DOCUMENT /CONTRACT REVIEW PROJECT MANAGER DIVISION MANAGER ?p DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) )L,LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING 9�2 X SENT TO VENDOR/CONTRACTOR DATE SENT-.li� DATE REC'D: ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICIBITS LAW DEPT ❑ CHIEF OF STAFF �f SIGNATORY (MAYOR OR DIRECTOR) �$ CITY CLERK gyp, ASSIGNED AG # SIGNED COPY RETURNED N RETURN ONE ORIGINAL COMMENTS: 1115 CITY OF CITY HALL AN**.r.. Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253 ) 835-7000 www cityoffederatway com AMENDMENT NO.3 TO PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE This Amendment ("Amendment No. 3") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Everson's Econo-Vac, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for Surface Water Infrastructure Maintenance and Service ("Agreement") dated effective July 24, 2013, as amended by Amendment Numbers 1 and 2 as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2018 ("Amended Term"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment, as delineated in Exhibit B-3, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rates for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 1/2015 CITY OF CITY HALL South Federal ra 1 Way '�..- 33325 8th Avenue Federal Way, WA 980038003 -6325 (253) 835-7000 mm cityoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY 0 DATE: at (� G EVERSON'S ECONO-VAC, INC. isa Everson, President DATE: e , a,*d '111�� /'t/:, STATE OF WASHINGTON ) ss. COUNTY OF LU ATTEST: S hanie Courtney, CMC, City 4rk APPROVED AS TO FORM: -;�642 City Attorney, On this day personally appeared before me Lisa Everson, to me known to be the President of Everson's Econo-Vac Inc., that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this -�3C day of IAAS4, 20 L( -- �� Notary's signature r1NY !SAO''%,Notary's printed name kAOTApk ? (P UBLIC OF fill `NG e 1 L Notary Public n and for the State of Washington. My commission expires 2.' w ) I (�e AMENDMENT - 2 - 1/2015 CITY OF CITY HALL Ad �1%*` 33325 8th Avenue South Federal Way. WA 98003-6325 Federal Way (253) 835-7000 vvvvw cityoffederalway. com EXHIBIT B-3 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Three Hundred Ninety -Three Thousand Twenty -Six and 00/100 Dollars ($393,026.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Million Thirty Thousand Eight Hundred Sixty -Eight and 00/100 Dollars ($1,030,868.00). 2. Method of Compensation: In consideration of the Contractor performing the Services, the City agrees to pay the Contractor for unit price bid items as specified in the original agreement. AMENDMENT - 3 - 1/2015 RETURN TO: JE5510 EXT: tlp/ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: PUBLIC /1WORKS / S(,�,Ql,�(,��/�„v� y'460ywyT 2. ORIGINATING STAFF PERSON: i6y _-'�wLE'li- EXT: ;:??5..3 3. DATE REQ. BY: "'7 �:1C�✓ 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ N(CONTRACT AMENDMENT (AG#): /S _1tj ❑ ❑ OTHER SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME:�f ( 1A/ QUA lfih/y1'i71 * i�t� 6. NAME OF CONTRACTOR: EVe7 OP -5 F,LOMD"✓�G ADDRESS: /0 BOZO 0s, 59.4fAZOL, 1-14 98310 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: USA 6VS&4✓ TITLE: Q. mbov 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # 9$/05333 BL, EXP. 12/31/ UBI # 40/'/1133-46 , EXP. —/—/- //8. 8.TERM: COMMENCEMENT DATE: lk ��1�3�ac13 COMPLETIONDATE:� ////ZO/6 9. TOTAL COMPENSATION: $ p t Z33 " t -T7 `/2• (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURL LABOR CHARGE'- ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: !i0/ - -1/00 - 00'0 -SYZ - 14�-11$0 10. DOCUMENT/ CONTRACT REVIEW w(PROJECT MANAGER ❑ DIVISION MANAGER 51 DEPUTY DIRECTOR W DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) W LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DAT REVIEWED b M ".0y COMMITTEE APPROVAL DATE: 1 l 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: la5lti ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ CHIEF OF STAFF `1 SIGNATORY AYO R DIRECTOR) ❑ CITY CLERK ASSIGNED AG # �( SIGNED COPY RETURNED RETURN ONE ORIGINAL INITIAL / DATE SIGNED INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: II 14 DATE REC'D: la 9 I dh X14-1 AG# DATE SENT:L' C Ae COMMENTS: EXECUTE " Z " ORIGINALS � �n�A �� vbd `MS►I,rnau.,T�� 11/9 13-150 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 2 CHANGE ORDER NUMBER SWM — Infrastructure Maintenance and Service PROJECT TITLE SUMMARY OF PROPOSED CHANGES: Jan 1, 2015 EFFECTIVE DATE Eversons Econo-Vac Inc. CONTRACTOR This Change Order No. 2 extends the term of the original contract by two years and increases the value of the contract by the 2015-2016 budgeted amounts for programmed maintenance and service costs. The annual maintenance and service cost for 2015 and 2016 is $166,513.00 per year for a total cost of $333,026.00. The time provided for completion in the Contract is ❑ Unchanged ® Increased ❑ Decreased by 731 Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ® Yes ❑ No If "Yes" Will the Policies Be Extended? ® Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $333,026.00 DECREASE $ TOTAL NET CONTRACT: INCREASE $333,026.00 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. 'CONTRACTOR'S AA�'OR' S SIGNATURE SIGNATURE CHANGE ORDER AGREEMENT 1 1/10 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT *Adjustments: AY/SSIGNATURE $154,253.00 $150,563.00 $333,026.00 $637,842.00 CHANGE ORDER AGREEMENT 2 1/10 RETURN TO:etf:: c(k EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS/ 2. ORIGINATING STAFF PERSON: P-\ .fO 1 T O ty)&5 EXT: 19-1 5S 3. DATE REQ. BY: 5 � 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG#): Q-' 150 ❑ INTERLOCAL ❑ OTHER C`.V 0L0Q 0-orLler 4 k 5. PROJECTNAME: SWM lArastruc.'tum tAccaAenGncc y Service 6. NAME OF CONTRACTOR: E VeY.Sw,s CConn-Vac tne_ . ADDRESS: P 0 . e0k A?ps a SVmnec , NNA. "183q0 TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: U,50. !C-yec,5uc\ TITLE:-PLni cie,rl�- 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS )0 PROOF OF AUTHORITY TO SIGN 4 REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # °Iff 10533-6 BL, EXP. 12/31/ UBI # 6014433aO , EXP. 9 /a- IF / 15 8. TERM: COMMENCEMENT DATE: —% I I I'aONA COMPLETION DATE:�I, YIJ X 11I�1 9. TOTAL COMPENSATION: $ 154,x53.00 + 60,50-2-- 00 =�b304,'51(p (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY' ❑ CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: 401.3100. 1040.54; , 45.4750 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER �( DIVISION MANAGER DEPUTY DIRECTOR $( DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �i LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAw DEPT t SIGNATORY (MAYOR OR DIRECTOR) ''CITY CLERK V ASSIGNED AG# ❑ SIGNED COPY RETURNED RETURN @ME ORIGINALS COMMENTS: -two 00M aC vvr= l u INITIAL/ DATE SIGNED 1 AG# 50 Pt DATE SENT: �5 — Z LD" �i INITIAL /DATE APPROVED COUNCIL APPROVAL DATE:;; I m I It DATE REG' D: 3 I a 5 l !-* 1/9 13-150 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SWM -Infrastructure Maintenance and Service PROJECT TITLE SUMMARY OF PROPOSED CHANGES: _Jan 1, 2014 EFFECTIVE DATE Eversons Econo-Vac Inc. CONTRACTOR The time provided for completion in the Contract is Z Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes Z No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE The total available compensation for the contract shall be increased from $154,253.00 to $304,816 to allow for work to be performed in 2014. TOTAL NET CONTRACT: INCREASE $150,563.00 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the #ecial provisions governing the type construction. 'S SIGNATURE ATURE ATE T CHANGE ORDER AGREEMENT 111 1/10 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY D INCREASED D DECREASED PAY THIS ADJUSTED AMOUNT: YARSGNATURE $_154,253 $_150,563_ $_304,816 CHANGE ORDER AGREEMENT 12 1/10 RETURN TO: '%41t , EXT: z] c CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS S S / Ly jti L 0 A 2. ORIGINATING STAFF PERSON: 0,11 i M �0EXT: � �� 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): Oaf til l x'23 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, P, RFQ) PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Svdaff ye, td6 n4- ayV &) Gu+ ^d 1�L'c& * l 6. NAME OF CONTRACTOR: ADDRESS: 1 • o • Qay q Zci�n hnv.rL! � �J l� TELEPHONE: 2!;3 49 `,9AS) E-MAIL: FAX: SIGNATURE NAME:- L TITLE: (-d5.J«-i 7. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS -4 PROOF OF AUTHORITY TO SIGN K REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #1'6 /05 3 3'� BL, EXP. 12/331/ UBI # � N✓�3 Z ,EXP• ®( / S. TERM: COMMENCEMENT DATE: c 4� - 4\" - COMPLETION DATE: 17-j- 3) II V) 9. TOTAL COMPENSATION: $ 1,5H,2 57J • 00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YEAS,, $ Qp PAID BY: ❑ CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: Fw � a-- U`i�T�— ID 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER6/,Z41,2-013 DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR 5PJJW 15 f c��) LAW DEPT n 0 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DACE REVIEWED COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTINGj ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ,/I� / 3 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS & LAW DEPT N SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ❑ ASSIGNED AG # ❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL / DATE SIGNED AG# DATE SENT: "I• INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC' D: 1 R2 •riginal Pontract--#1 4k CITY OF Federal V►/ay BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SURFACE WA TER INFRASTRUCTURE MA IN TENA NCE A ND SERVICE RFB #13-107 J 1 City of Federal Way Public Works Department 33325 Eighth A venue South Federal Way, WA 98003 Mailing Address: ' City of Federal Way Public Works Department ' 33325 Eighth A venue South Federal Way, WA 98003-6325 J 1 u 7 J i1 n CITY OF Federal Way CONTRACT ADDENDUM NO. 1 Surface Water Infrastructure Maintenance and Service RFB Number: RFB 13-107 Date of Issue: June 21, 2013 Date of Opening: July 8, 2013 Notice to all Bidders: This Addendum No. 1 containing the following revisions, additions, deletions, and/or clarifications, is hereby made a part of the Contract Provisions (Contract Documents) for the above-named project. Bidders shall take this Addendum into consideration when preparing and submitting their bids. Bidders shall attach this Addendum to their copy of the Contract Provisions, acknowledge receipt of this Addendum in the space provided on the Bid Form, and acknowledge receipt of this Addendum by signing below and faxing this letter to the City of Federal Way, Attn: Ryan Thomas, at (253) 835- 2709. Failure to do so may subject the Bidder to disqualification of its bid. ' A. Attachment B Bid Form (Page 24) The Unit Price for Bid Item No. 8 "Disposal of Liquid Decant" is revised from $0.069 per ' gallon to $0.072 per gallon. The extendprice of $14.400.00 shall remain as -is. I ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS REMAIN IN EFFECT. CITY OF FEDERAL WAY William p eton, PE ' SWM Manager ' RECEIPT OF ADDENDUM NO. 1 IS HE BY ACKNOWLEDGED: jan's Ila c 114' Y", f. 4 / 7 k ' Firm Name Signature LI -'eZL'4 Print Name Date ?m,sid-ems' Title Page ] of 1 Corporations: Registration Detail Corporations Division - Registration Data Search EVERSON'S ECONO-VAC, INC. Purchase Documents for this Corporation » UBI Number 601443326 Category REG Profit/Nonprofit Profit Active/Inactive Active State Of Incorporation WA WA Filing Date 02/09/1993 Expiration Date 02/28/2014 Inactive Date Duration Perpetual Registered Agent Information Agent Name LISA A EVERSON Address 14023 131 ST ST E City ORTING State WA ZIP 983609812 Special Address Information Address PO BOX 428 City SUMNER State WA Zip 98390 Governing Persons Page 1 of 2 Title Name Address 6411 75TH AVE SE President, Secretary,Treasurer EVERSON, LISA OLYMPIA, WA 985134170 Vice President, Chairman EVERSON, TIMOTHY 6411 75TH AVE SE OLYMPIA, WA 985134170 Purchase Documents for this Corporation» http://www.sos.wa.gov/corps/search_detail.aspx?ubi=601443326 7/17/2013 EVE RSON'S SUBCONTRACTOR INFORMATION Legal Name: Everson's Econo-Vac, Inc. Address: Mailing: PO Box 428 Sumner, WA 98390 Physical: 14023 131x` St. E. Orting, WA 98360 Office: Phone: (253) 848-5250 Fax: (253) 848-5363 Website: www.eversons-econovac.com Company Contacts: Lisa Everson, President Cell: (206) 730-3183 Email: Lisa ®eversons-econovac.com Tim Everson, Vice President Cell: (206) 793-3971 Email: Tim(keversons-econovac.com Mike King, Operations Manager Cell: (253) 405-6764 Email: Mikegeversons-econovac.com Penny Hoist, Contracts/Office Administrator Cell: (206) 786-9185 Email: Penny@eversons-econovac.com Insurance Information: Bonding Company: Federal EIN: Heffernan Insurance- (800) 208-6912 -Attn: Jennifer Trimbee PO Box 69038, Portland, OR 97239 CBIC- (206) 628-7200 - Attn: Mark Noma PO Box 9271, Seattle, WA 98109-0271 WA State UBI: Contractor Registration: Labor & Industries Account: Employment Security Reference: USDOT: DUNS: Type of Work Performed: Vactor Truck CCTV Inspection Street Sweeper 91-1585111 601-443-326 EVERSEI066BQ 801,993-01 769001-001 1893774 839795440 Mailing: PO Box 428 Sumner, WA 98390 Location: 14023131 St. E. Orting, WA 98360 Office: (253) 848-5250 Fax: (253) 848-5363 Website: www.eversons-econovac.com Equipment List YacServices � Sweepers � Pipeline Inspection Services Vehicle# Year Type Make Model ET -20 2005 Vactor Sterling Tank Truck ET -50 1997 Vactor Ford L8000 ET -100 1998 Vactor Ford L8000 ET -130 1999 Vactor Sterling VacCon ETPD-10 2004 Vactor Sterling Tank Truck ETPD-15 2004 Vactor Sterling Tank Truck P-170 2002 Pick Up Truck Chevrolet CIPU P-180 2002 Pick Up Truck Chevrolet CIPU P-190 2008 Pick Up Truck Chevrolet SILPU V121 2005 TV Truck Chevrolet C4V/YY V125 2005 TV Truck Chevrolet HI CUBE PJ B 4_'8 S., 7Se(Vke',, 390 5;i 8»k X250 _S3 3 .. VacServices I Sweepers Pipeline Inspection Project rrContact Title Description of Work eatt a Pu is Uti i ies P.O. Box 34018 -John Jurgen Seattle, WA 98124-4018 206-733-9857 City of Olympia P.O. Box 1967 Eric Christiansen Olympia, WA 98507-1967 360-570-3741 Project CCTV inspection and vector services Director for sewer system throughout city Project CCTV inspection and vactor services Director for storm/ sewer system throughout city City of Federal Way 33325 - 8th Avenue South Ryan Thomas Project Cleaning and televising of city storm Federal Way, WA 98003 253-261-3679 Director system City of SeaTac 4800 South 188th Street Sean Clark Project Cleaning and televising of city storm SeaTac, WA 98188 206-973-4800 Director system City of Mercer Island 9611 S.E. 36th Street Bill Sansbury Project Cleaning and televising of city storm Mercer Island, WA 98040 206-236-3613 Director system, street sweeping of city streets City of Medina P.O. Box 144 Pat Crickmore Project Cleaning and televising of city storm Medina, WA 98039 206-510-1132 Director system, street sweeping of city streets City of Bonney Lake P.O. Box 7380 Curt Roundtree Project CCTV inspection of city sewer system Bonney Lake, WA 98391 253-862-3862 Director Town of Clyde Hill 9605 N.E. 24th Street John Young Project Cleaning and televising of city storm Clyde Hill, WA 98004 206-510-0664 Director system, street sweeping of city streets City of Pacific 100 - 3rd Avenue S.E. James Morgan Project Cleaning of city storm and sewer Pacific, WA 98047 253-929-1110 Director system, street sweeping of city streets City of Mount Vernon P.O. Box 809 Allen Steele Project Cleaning and televising of city storm Mount Vernon, WA 98273 360-336-6204 Director system City of DuPont 1700 Civic Drive Scott Project City wide cleaning of catch basin DuPont, WA 98327 253- 912-5381 Director Contract Amount $250,000.00 Date of Work 1999 - Present $295,000.00 2006-2014 $148,000.00 1996-2012 $65,000.00 2000 -2003 2009- June 2013 $90,000.00 1992-2012 $90,000.00 2013-2014 $50,000.00 2001 - Present $50,000.00 $65,000.00 $21,000.00 $150,000.00 $52,933.98 2007-2011 1998 - Present 2009-2010 2009-2011 2010-2012 N r C* ■v N EVERSON's ECONO-VAC, INC. C/O LISA A EVERSON PO BOX 428 SUMNER WA 98390 State of Washington Business Licensing Service This is your Washington Corporation or LLC License. This is not a Washington Business License. Detach before posting LEGAL ENTITY REGISTRATION EVERSON'S ECONO-VAC, INC. 14023 131ST ST E ORTING WA 98360 9812 002728 Office of the Secretary of State Corporations Division Unified Business ID #: 601 443 326 Business ID #: 1 Expires: 02-28-2014 I,. Domestic Profit Corporation Renewed by Authority of Secretary of State REGISTERED TRADE NAMES: EVERSON'S ECONO-VAC, INC. (; s i; By accepting this document the licensee certifies that information r provided on the renewal was complete, true, and accurate to the }' r best of his or her knowledge, and that the company will stay in compliance with all applicable Washington State regulations. Director, Department of Revenue `i' i. Department of Labor and Industriesr PO Box 44454'" Olympia, WA 98504-4450 EVERSOWS ECONO V. PO BOX 428 SUMNER WA 98390 ECONO VAC INC ided by Law as: [Ming Snalcmg 8/1994 ?!31/2014 UNIFIED BUSINESS IDENTIFIER 601 443 326 000 o w STATE OF WASHINGTON EMPLOYMENT SECURITY DEPARTMENT TAX RATE NOTICE 215 ES REFERENCE # MAILING DATE EVERSOMS ECOMO VAC IMC A PA BOX 428 769001 00 1 12/07/12 SUMMER WA 983900080 IMPORTANT NOTICE: If YOU WANT US TO REVIEW YOUR TAX RATE, THE LAW SAYS YOU MUST SEND US A REQUEST IN WRITING NO LATER THAN 30 DAYS FROM THE MAILING DATE ABOVE. 2013 State of Washington Department of Labor and Industries PO Box 44140 Olympia WA 98504-4140 Policyholder EVERSONS ECONO-UAC INC PO BOX 428 SUMNER WA 98390 nci Not abill. 1.1anuary 1, 2013 12-06-12 Experience Period: July 1, 2008 - June 30, 2011 601 443 326 801,993-01 (360)902-4827 rr [ S ♦ t t 0 AMiml Bids Accepted Until 3:00 p.m.., July 8, 2013 IM PUBLIC WORKS DEPARTMENT • FEDERALCITY OF L ♦ O t City of Federal Way RFB # 13-107 Surface Water infmtructurre Page 2 2013 Maintenance and Service Ri~ B veer. 1 -08 PAGE PUBLIC NOTICE —• REQUEST FOR BIDS..................................................uu.......4 BIDDER'S CHECKLIST........................................................................................7 SECTION 1: INSTRUCTIONS TO BIDDERS........................................................9 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS..................17 NO BID RESPONSE FORM (Attachment A) ......................................................23 BIDFORM (Attachment B)..............................................................................24 BID SCHEDULE (Attachment C).......................................................................26 BID SIGNATURE PAGE (Attachment D) ............................ .............................27 BID BOND FORM (Attachment E)....................................................................28 SUBCONTRACTOR LIST (Attachment F)..........................................................29 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G)............30 CONTRACTOR'S COMPLIANCE STATEMENT (Attachment H) ..........................32 PUBLIC WORKS MAINTENANCE AGREEMENT (Attachment I) .......................33 (with Exhibits A-E and Appendixes as attached) Exhibit A Services Exhibit B Compensation Exhibit C Performance/Payment/Retainage Bond Exhibit D Certificate(s) of Insurance Exhibit E Prevailing Wages and Benefit Code Key (Yellow Pages) Exhibit F Mapping of Assets identified for cleaning APPENDIX A: STORM CLEANING DAILY LOG ............................... WHITE PAGES City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 3 2013 Maintenance and Service RFB ver. 1-08 Li 1 CITY OF FEDERAL WAY REQUEST FOR BIDS SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE RFB #13-107 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through July 8, 2013, until 3:00 p.m., at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 3:00 p.m. on said date will not be considered. BID OPENING: All bids will be opened and read publicly aloud at 3:10 p.m. on Monday, July 8, 2013, at City Council Chambers, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: The City seeks the services of a skilled independent contractor capable of working without direct supervision to perform "on-call" vacuum/jet rodding and CCTV services on City storm drain systems and related work as further described in the Surface Water Infrastructure Maintenance and Service Public Works Maintenance Agreement C'Agreement), attached hereto as Attachment I and incorporated by this reference. Work will occur within the street right-of-way, City owned property or easements. Typical structures to be maintained and/or serviced are catch basins (Type I and Type II), manholes, vaults, oil/water separators, drainage pipes, and culverts. It will be necessary to enter confined spaces to clean and/or perform CCN inspections of certain pipes and structures. The work shall be performed as needed by the City. Typical work hours are 6:30 a.m. to 5:00 p.m., Monday through Friday. The City anticipates repetitive assignments throughout the year. The amount of work may vary from month to month. Contractor shall perform services within 24 hours of receiving notification from the City to perform services. In an emergency, the City will require a one hour response time and priority over other non -contract customers. The City will provide the Contractor notification of work and a map or listing of the areas to be cleaned. It will be the Contractor's responsibility to provide all required equipment and labor necessary to complete all requested work and properly dispose of collected water and solids. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835-2526. Any questions concerning the description of the work contained in the contract documents must be directed to Ryan Thomas, SWM Maintenance Supervisor, by facsimile at (253) 835-2709, or by letter addressed to Ryan Thomas, SWM Maintenance Supervisor, prior to bid opening date. City of Federal Way Surface Water Infrastructure Page 4 Maintenance and Service RFB ver. 1-08 RFB # 13-107 2013 PURCHASE OF BID DOCUMENTS: Bidders may purchase copies of the Bidding Documents (half-size plans) in person, or by mailing a Twenty -Five and no/100 Dollars ($25.00) (non-refundable) check or cashiers' check payable to the City of Federal Way, 33325 8th Avenue South, Federal Way, WA 98003-6325, phone (253) 835- 2526. If purchasing by mail, please indicate your request for Bidding Documents for RFB #13-107, Surface Water Infrastructure Maintenance and Service. Informational copies of maps, plans, and specifications are available for review at the Public Works Department, Federal Way City Hall, 333258 th Avenue South, Federal Way, Washington. Bidding Documents are also available for review at the following Plan Centers: Daily Journal of Commerce, Attn: Plancenter.com, 83 Columbia St, Suite 200, Seattle, WA 98104 Daily Journal of Commerce Project Center, 921 SW Washington St, Suite 210, Portland, OR 97205 McGraw Hill, 200 SW Michigan St, Suite 100A, Seattle, WA 98106 Valley Plan Center, 10002 Aurora Avenue North, #36, PMB 334, Seattle, WA 98133 Reed Construction Data, 30 Technology Parkway South, Suite 500, Norcross, GA 30092 Builders Exchange of Washington, 2607 Wetmore Avenue, Everett, WA 98201 Contractor Plan Center, 14625 SE 82nd Drive, Clackamas, OR 97015 Contractor's Resource Center, 2301 So Jackson Street, Suite 101B, Seattle, WA 98144 Isgft Planroom, 2606 2nd Ave #244, Seattle, WA 98121 oregon-washington@isgft.com The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to insure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed, effective July 22, 2013. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 5 2013 Maintenance and Service RFB ver. 1-08 1 FJ RESERVATION OF RIGHTS: The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. Dated the 22 t day of June, 2013 Dates of Publication: Daily Journal of Commerce: Federal Way Mirror: City of Federal Way website www.cityoffederalway.com/bids City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 6 June 22, 2013 June 29, 2013 June 21, 2013 June 28, 2013 June 22, 2013 July 08, 2013 RFB # 13-107 2013 I BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms which must be executed in full as P Y 9 , required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. ❑ Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Schedule (Attachment C) The unit prices shall be set forth in the space provided. ❑ Bid Signature Page (Attachment D) The Bid Signature Page shall be filled in and fully executed by the bidder. ❑ Bid Bond Form (Attachment E) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5%) of the total bid amount and shall be shown in both words and figures. ❑ Subcontractor List (Attachment F) The Subcontractor List shall be filled in by the bidder. (This section may/may not apply) ❑ Combined Affidavit and Certification Form (Attachment G) This form must be subscribed to and sworn before a Notary Public and notarized. ❑ Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. ❑ Contractor's Certificate of Registration The bidder shall provide a copy of Contractor's current registration with the State of Washington. ❑ Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 7 2013 Maintenance and Service RF B ver. 1-08 The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ❑ Public Works Maintenance Agreement (Attachment I) The successful bidder will fully execute and deliver to the City the Surface Water Infrastructure Maintenance and Service Public Works Maintenance Agreement ("Contract') from these Bid Documents. ❑ Contractor's Performance/Payment/Retainage Bond (Exhibit C) The successful bidder will fully execute and deliver to the City the Contractor's Retainage Agreement or Retainage Bond. ❑ Certificate of Insurance (Exhibit D) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 8 2013 Maintenance and Service RFB ver. 1-08 A t SECTION 1: INSTRUCTIONS TO BIDDERS 1-1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 3:00 p.m. local time on July 8, 2013, to the Purchasing Office of the City of Federal Way (the "City'), located on the second floor of City Hall, or received by US Mail at City of Federal Way, Purchasing Office, 33325 Eighth Avenue S, Federal Way, Washington, 98003-6325, and will be publicly opened and read aloud in City Hall Council Chambers on said date at 3:10 p.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. 1-2 Bid Form Bids shall be made on the "Bid Form", Attachment "B" issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1-3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself/herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1-4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 9 RFB # 13-107 2013 1 1 1 1-5 Modification of Bid A modification of a bid already received will be considered only if the modification is received prior to the time announced for bid opening. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. 1-6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract documents and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. 1-7 Interpretation of Bid and Contract Documents No oral interpretations will be made to any bidder as to the meaning of the bid or contract documents and no oral communications will be binding upon the City. Requests for an interpretation shall be made by facsimile, or by mail and delivered to the Purchasing Coordinator of the City at the address indicated in Section 1-1, at least ten (10) days before the date announced for opening the bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1-8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1-9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and/or the total price, the unit price will govern and the extended amount and/or total price will be corrected accordingly. However, downward correction of a bid, which would displace City of Federal Way Surface Water Infrastructure Page 10 Maintenance and Service RFB ver. 1-08 RFB # 13-107 2013 1 r 1 1 L� 1 1 the apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. 1-10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. 1-11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and/or responsibility necessary to perform the work after considering the elements in Section 1-14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1-12 Alterations to Documents Prohibited Any addition, limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1-13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non -Collusion (Attachment G) with their bids. City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 1 I RFB # 13-107 2013 1 1-14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder as evaluated by the City. The bidder may be required by the City to submit r documentation demonstrating compliance with the criteria. A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. B. Responsibility — The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a A responsible bidder: 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; C. If applicable: L Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW r 39.06.010 or 39.12.065(3). 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of a similar size and scope as required by the contract documents for this project. The City will evaluate whether the projects were "successfully completed" and of a "similar size and scope." C. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. 3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following City of Federal Way Surface Water Infrastructure Page 12 Maintenance and Service RFB ver. 1-08 RFB # 13-107 2013 r t 1 1 1 documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, change orders, and close-out. C. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(2) above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the City's determination by presenting additional information to the City and meeting the requirements of section 1-20(B). The City will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid — The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 13 RFB # 13-107 2013 :7 1 1 1-15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and/or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1-16 Bid Documents Bidders are required to submit with the bid package the following: A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Bid Schedule. D. AttachmentD— Bid Signature Page. E. Attachment E— Bid Bond Form. F. Attachment F— Subcontractor List. (May Not Apply) G. Attachment G— Combined Affidavit and Certification Form. H. Attachment H— Contractor's Compliance Statement. 1-17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. I-08 Page 14 RFB # 13-107 2013 i] 1 1 1 1 1 1� 1 1 official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1-18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5%) of the Total Bid. Price as indicated on Attachment B, "Bid Form", or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and/or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond". If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond". Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. The City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance/payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1-19 Performance/Payment/Retainage Bond The bidder to whom the City has awarded this Contract will remove the Performance/Payment/Retainage Bond (Exhibit C) attached to the Public Works Maintenance Agreement and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100%) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the Sate of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance/Payment/Retainage Bond (Exhibit C) shall in no way affect or alter the liabilities of the Contractor to the City under Section 5 "Indemnification" of the Public Works Maintenance Agreement. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 15 RFB # 13-107 2013 1 1 1 Ll 1 1 J paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1-20 Bid Dispute A. Any actual or prospective bidder, including sub -contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way 33325 8th Avenue S Federal Way, Washington 98003-6325 Attention: Bid Protest— Surface Water Infrastructure Maintenance and Service RFB# 13-107 C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and informing the aggrieved person of his or her right to appeal the decision to the Mayor or his or her designee. A copy of the decision shall be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) calendar days after receipt of the decision to the Mayor or his or her designee. If the decision is appealed, then the subsequent determination of the Mayor or his or her designee shall issue within five (5) days of the Mayor's receipt of the appeal and shall be final and conclusive. D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 16 2013 Maintenance and Service RFB ver. 1-08 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 1 2-1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Ryan Thomas, SWM Maintenance Supervisor. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be submitted to Ryan Thomas, SWM Maintenance Supervisor, via fax at (253) 835-2709. 2-2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. 2-3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, Surface Water Infrastructure Maintenance and Service Public Works Maintenance Agreement, General Contractual Terms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Technical Specifications, Addenda and Contract Amendments, and the Surface Water Infrastructure Maintenance and Service Storm Cleaning Daily Log. The contract documents are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2-4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 17 2013 Maintenance and Service RF13 ver. 1-08 i 2-5 Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. 1 No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. 2-6 Work and Materials Omitted The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2-7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2-8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 18 2013 Maintenance and Service RFB ver. 1-08 u 1 2-9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 1 2-10 No Waiver of Warranties and Contract Rights J 1 1 1 1 r Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2-11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. 2-12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2-13 Hazardous Chemical Communication In order to comply with WAC 296-62-054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 19 RFB # 13-107 2013 2-14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day .that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Exhibit A, Services of the Public Works Maintenance Agreement, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2-15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2-16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data', shall be vested in the City or ' such other local, state or federal agency, if any, as may be provided by separate contract with the City. 1 1 1 1 All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2-17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 20 RFB # 13-107 2013 [l hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the ICity, its officers, agents and employees from all such fees or claims. 1 1 1 1 E Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2-18 Disputes, Claims and Appeals Questions or claims regarding meaning and intent of the contract or arising from this contract, shall be referred by the Contractor in writing to the Purchasing Coordinator for decision within five (5) days of the date in which the Contractor knows or should know of the question or claim. The Purchasing Coordinator will ordinarily respond to the Contractor in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10th) day following receipt by the Purchasing Coordinator. In the event the Contractor disagrees with any determination or decision of the Purchasing Coordinator, the Contractor shall, within fifteen (15) days of the date of such determination or decision, appeal the determination or decision in writing to the Mayor. Such written notice or appeal shall include all documents and other information necessary to substantiate the appeal. The Mayor will review the appeal and transmit a decision in writing to the Contractor within thirty (30) days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the Purchasing Coordinator within said 15 -day period will constitute a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the Mayor shall be a condition precedent to litigation hereunder. All claims, counterclaims, disputes and other matters in question between the City and the Contractor that are not resolved between the Purchasing Coordinator and the Contractor will be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the City and the Contractor. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. Pending final decision of the dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the Purchasing Coordinator. Failure to comply precisely with the time deadlines under the paragraph as to any claim, shall operate as a release of that claim and a presumption of prejudice to the City. City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 21 RFB # 13-107 2013 2-19 Recycled Products 1 The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post -consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi-component or multi - material products shall verify the percentage and type of post -consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. 1 1 1 L� RFB ver. 1-08 Page 22 RFB # 13-107 2013 City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 22 RFB # 13-107 2013 Attachment A NO BID RESPONSE FORM When submitting a "No Bid", mail this completed form to Federal Way Purchasing, 33325 8th Avenue South, Federal Way, Washington 98003-6325. Be sure the form is in a sealed envelope with the bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1-1. Failure to return this form if not submitting a formal bid may result in your firm being removed from the City's master bidder's mailing list. ' Bid Number: RFB No. 13-107 Bid Title: Surface Water Infrastructure Maintenance and Service ❑ Cannot comply with specifications. ' ❑ Cannot meet delivery requirement. ' ❑ Do not regularly manufacture or sell the type of commodity involved. ❑ Other (please specify). Explanation of reason(s) checked: Check one of the following: ❑ WE DO ❑ WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. Firm Name: IAddress: Signature Date Name (Type or Print) Title Phone: ' City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 23 2013 Maintenance and Service RFB ver. 1-08 1 C AttedWWnt B CITY OF FEDERAL WAY SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE BID FORM The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision to perform "on-call' vacuum/jet rodding and CCN services on City storm drain systems and related work. Work will occur within the sweet right of= -way, City owned property or easements. W ff: Unit Alas Cndtr 0v &Vff Tax) for ad fta* all exrbeaW01* and h>'W alr wwt Of ally' be JIAIOwn. All e &ft mratt be wrfrl or eIrltld r d In M& .9vw malt pries in RAOr* and decfiiW nwnber* and **#M CNOW M=14 the Iwlrtt n or typed weds shueN pmvsil. ITEM APPROX. ITEM WITH UNIT PRICE BID UNIT EXTENDED NO. QUANTITY UNITS (UMphbe to be 1 ft*n in UVads) PRICE PRICE Type I or 1 L Storm Catch Basler Cleaned $ Per Each 1 2,100 EA Twenty E' hJ� t _ & 95 /190 DOLLAR$ $28.95 Type 11 Storm Catch Basin or Manhole (4W Dia. or larger) Cleaned S Per Each 2 420 EA Jh"M Nine & 50 Hoo DOLLARS $39.50 Cleaning Storm Lines, Tanks, Vaults or Culverts S Per Hour 3 140 HR One Hundred Eighty Fives 00 /too DOLLARS $185,00 125, 00.nn Potholing anWor Excavation $ Per Hour 4 15 HR One Hundred Eighty Fives 00 Hoo DOLLARS Emergency Response S Per Hour 5 8 HR One Hundred Eighty Five, 00 /lop DOLL68S-$185.00--- 5.0CCN CCTVinspection (Provide One DVD and written report) $ Per Hour 6 6 HR Ninety Nine & 00 H99 DOLLARS 99.00 594.00 Disposal of vacuumed Solids/Spoh $ Per Ton, Including permit fees and all other costs. 7 305 TON SEVENTY & 801100 DOLLARS $70.80 $21.594.00 Disposal of Liquid Decant $ Per Gallon, including permit fees and all other costs. 8 200,000 GAL ZERO & Og911� DOLLARS $0.089 $14,400.00 Entry Fee for Disposal S Per Entry, including permit fees and all other costs. 9 125 ENTRY QWJQQ.QQWaJsol-00 $10,125.00 GRAND TOTAL: $154285-3 00 One Hundred Fifty Four Thousand Two Hundred Fifty Three s 00 Hoo IbLLM (TOTAL PRICE IN WRITTEN WORDS) 1. • r !d. t � � 1 � _..= !l.[I[a= YGxr :, a r � _ : l: t = • �- 11L4.- 11 = Y{ =. � " �,aL�..11l !/.'. 11.' �. z= 77 77 1_ 1 "i.1 City of Federal Way Surface Water Infrastructure Maintenance and Service Page 24 RFB # 13-107 2013 1 To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 ■ Pursuant to and in compliance with your advertisement for bids for construction of Surface Water Infrastructure Maintenance and Service, and other documents relating thereto, the undersigned has ' carefully examined all of the bid and contract documents as the premises and conditions afijeWng the delivery, supply and maintenance of Surface Water infrastructure Maintenance and Service, and hereby proposes to furnish all labor, materials and perform all work as required in strict ' accordance with the contract documents, for the above -referenced amount, indusive of Washington Sate sales tax and all other government taxes, assessments and charges as required by law. ■ The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount bid is attached hereto, which it is agreed ' shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the Surface Water Infrastructure Maintenance and Service Public ' Works Maintenance Agreement and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. ' Bond or Certified Check Bond Dollars ($ 5% of TB The Bidder shall complete this entire Bid Form or this bid may be considered non-responsive. The ' City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or ' minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. ' Receipt of the following Addendums Is hereby acknowledged: Addendum No. 1 Date Issued: jure 21, 2013 ' Addendum No. Date Issued: Addendum No. Date issued: ' E rsnn'c F .nnn-Va -1rL— Corporation Firm Name (DQe%te 7iv) ■ EVERSE1066BQ ' Bidder's State Ucense No. nature 601-443-326 President ' Bidder's State Tax No. Title City of Federal Way RFS # 13-107 ' Surface Water Infrastructure Page 25 2013 Maintenance and Service R FR ver. I _OR Attachment C -NOTAPPLICABLE City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 26 2013 Maintenance and Service RFB ver. 1-08 1 A[f?dhlnwt D SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE BID SIGNATURE PAGE Date: July 8, 2013 1 The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the Surface Water Infrastructure Maintenance and Service and comply with all other berms and conditions of the contract and bid documents of RFB 13-107. No bidder may withdraw his/her bid for a period of ninety (90) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. .. . M. 'z - a 3, ��,;T 1 u 7 L Everson's Econo-Vac Inc. Company 8Y (Signature) Lisa A Everson (Printed Name) Its: President (Title) POB 428, Sumner, WA 98390 I E 100*11 IKI F &i I =K*Ti irMATATI-Vel-N a 253-848-5250 (Telephone Number) City of Federal Way RFB # 13-107 ' Surface Water Infrastructure Page 27 2013 Maintenance and Service RFB ver. 1-08 ' Attachment E BID BOND FORM ' Herewith findit in the form of a certified check, cashiers check, cash, or bid bond in the amount of $s . which amount is not less than five percent (5%) of the total bid. ' BID BOND ' KNOW ALL PERSONS BY THESE PRESENTS that we, Everson's Econo-Vac, Inc. , as Principal, and Contractors Bonding and Insurance Company ,, as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the penal sum of 5% of the total bid (t b.) ' and ____/100 dollars ($5% of the (t.bj for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents. ' The condition of this obligation is such that if the Obligee shall make any award to the Principal for: ' SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE ' According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee 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 Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, 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 Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 3rd DAY OF July 2013 ' Everson's Econo-Vac, Inc. `( Principal Lisa A. Everson, President i Contractors Bonding and Insurance Company Surety Mark Noma, Attorney -in -Fact ' Date: 20 ' Received return of deposit in the sum of $ ' City of Federal Way RFB # 13-107 Surface Water Infrastructure Page 28 2013 Maintenance and Service ' RFB ver. 1-08 11 1 C "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed In the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Seery, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation The corporate seal is not necessary for the validity of any bands, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contmeinrs Rending and ina.ranee Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 03 day of JULY 2013 ATTEST: 011i" Contractors Bonding and Insurance Company 4� 014V 904L ' = SEAL Jean M. Ophenson Secretary 1979 Roy C. a Vice President On this 03 day of JULY 2013 before me, a Notary Public, personally appeared Roy C. Die And Jean M. Stephenson , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Secrehary , respectively, of the said Contractors Bonding and Insurance Compmy. , and acknowledged said instrument to be the voluntary act and deed of said corporation. su�.rw MMM Joseph eller Notary Public ""9 a.,,, A0006104 (DOC) Contractors Bond and Insurance Company POWER OF ATTORNEY P.O. Box 3967 Peoria, IL. 61612-3967 ' M•�e..�.a, Phone: (309)692-1000 Fax: (309)692-8637 Contractors Bonding and Insurance Company Bond No. BID 'Know All Men by These Presents: ' That the Contractors Bonding and Insurance Company , a corporation organized and existing under the laws of the State of Washington , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: MARK NOMA in the City of SEATTLE , State of WASHINGTON as Attorney in Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in ' an amount not to exceed Ten Million and 00/ 100 Dollars ( $10,000.000.00 ) for any single obligation, and specifically for the following described bond. ' Principal: RW.R.-SON'S FCONO.VAC, rNC Obligee: CITY OF FEDERAL WAY Type Bond: SiIRFACF WATER INFRASTRIJCnJRF. MAINTENANCE. AND SERVICE ' Bond Amount: 5.00 % Of Total Amount Bid Effective Date: 07/03/2013 The Cantroctam Rnnding and insnranee Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors Rending and Insurance Co-FM=and now in force to -wit: 11 1 C "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed In the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Seery, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation The corporate seal is not necessary for the validity of any bands, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contmeinrs Rending and ina.ranee Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 03 day of JULY 2013 ATTEST: 011i" Contractors Bonding and Insurance Company 4� 014V 904L ' = SEAL Jean M. Ophenson Secretary 1979 Roy C. a Vice President On this 03 day of JULY 2013 before me, a Notary Public, personally appeared Roy C. Die And Jean M. Stephenson , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Secrehary , respectively, of the said Contractors Bonding and Insurance Compmy. , and acknowledged said instrument to be the voluntary act and deed of said corporation. su�.rw MMM Joseph eller Notary Public ""9 a.,,, A0006104 (DOC) Attachment F ' SUBCONTRACTOR LIST ' Prepared in Compliance with RCW 39.30.060 PROJECT NAME: Surface Water Infrastructure IMaintenanae and Service ' Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW and electrical as described in Chapter ' 19.28 RCW, or identifjr the bidder for the work will result in your bid being non-responsive and therefore void. ' Subcontractors that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW ' must be named below, or name the bidder for the work. The bidder verifies that each first tier subcontractor, and every subcontractor of any tier that hires other subcontractors, has a current certificate of registration in compliance with chapter 18.27 ' RCW; a current Washington Unified Business Identifier (UBI) number; has Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; has a Washington Employment Security Department ' number, as required in Title 50 RCW, if applicable; has a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; has an electrical ' contractor license, if required by Chapter 19.28 RCW, if applicable; has an elevator contractor license, if required by Chapter 70.87 RCW. - The following listed bid items (listed in numerical sequence) for this project have been proposed for subcontracting to subcontractors as indicated. SUBCONTRACTOR ITEM NUMBERS ESTIMATED AMOUNT I WMBE QUALIFIED? NAME (YIN) City of Federal Way RFB # 13-107 ' Surface Water Infrastructure Page 29 2013 Maintenance and Service Dec.— 1 AO Attachment G City of Federal Way COMBINED AFFIDAVIT AND CERTIFICATION FORM Non -Collusion, Anti -Trust, Prevailing Wage (Non -Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment ' NON -COLLUSION AFFIDAVIT 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 collusion to secure to himself/herself or to any other person any advantage over other Bidder or Bidders; and ' NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) I To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and ' abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti-trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT I, the undersigned, having duly sworn, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, workperson, 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 in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my knowledge and belief; and City of Federal Way Surface Water Infrastructure Maintenance and Service RFB ver. 1-08 Page 30 RFB # 13-107 2013 DEBARMENT AFFIDAVIT ' I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not ' currently under suspension, debarment, voluntary exdusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has ' not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY ' The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(ixb), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it ' has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. ' CERTIFICATION OF LAWFUL EMPLOYMENT ' The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. ' FOR: Non -Collusion Affidav Assignment of Anti -Trust Claims to Purchaser Prevailing W Affidavit �. 9 n9 � Debarment Affidavit, Affidavit Of Eligibility, and Certification of Lawful Employment. Surface Water Infrastructure Maintenance and Service ' RFB #13-107 ' Everson's Econo-Vac, Inc. Name of Bidder's Firm 4(t oen iignat4uAreof Authorized Representative of Bidder ,and sworn to before this . day of 20 13 ��N6 s *�. �,• 4iv �-A] WOW.. (orated/typed name of notary) Notary Public in and for the Stat W ington '0 Icy commission expires: '• OF WI► . City of Federal Way - RFB # 13-107 ' Surface Water Infrastructure Page 31 2013 Maintenance and Service Attachment H ' CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) ' Date: ,duly 8.2013 This statement relates to a proposal contract with the City of Federal Way named SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE ' I am the undersigned bidder or prospective contractor. I represent that: ' I ❑ have, R (have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Everson's Econo-Vac. Inc. Name of Bidder BY: Lusa A Ever., �J ' Signature Its: President Title IPOB 428. SUIMnec. WA A8390 ' 14023 131St ct F Octing, WA 98360 Address 1 City of Federal Way RFB # 13-107 ' Surface Water Infrastructure Page 32 2013 Maintenance and Service '4 CITY OF CITY HALL Way 33325 8th Avenue South Federal Federal Way, WA 98003-6325 ' (253) 835-7400 www crtyoil`ederalway com Attachment I ' PUBLIC WORKS MAINTENANCE AGREEMENT FOR SURFACE WATER INFRASTRUCTURE MAINTENANCE AND SERVICE ' This Public Works Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Everson's Econo-Vac, Inc., a "Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ' EVERSON'S ECONO-VAC., INC.: CITY OF FEDERAL WAY: Lisa Everson, President Ryan Thomas, SWM Maintenance Supervisor 'P.O. Box 428 33325 8' Ave. S. Sumner, WA 98390 Federal Way, WA 98003-6325 (253) 848-5250 (253) 835-2755 (telephone) ' (253) 835-2709 (facsimile) rvan.thomas(a,citvoffederalway com ' The Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December, 31 2014 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. ' 2. WORK. '2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction ' of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience 'necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar 'services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, ' at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for PW MAINTENANCE AGREEMENT -33- Rev. 6/2012 1 1 1 1 ASL CITY OF CITY HALL A*� Fe Way 33328 8th Avenue South Federal Way, VVA 98003-6325 (283) 838-7000 '.' viv, tieyofeder€1hluy vcvn one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. 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. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. '4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, tPW MAINTENANCE AGREEMENT -34- Rev. 6/2012 materials or services from other sources, 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. ' 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state sales tax; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims fled pursuant to RCW 39.08 and RCW 60.28 have been resolved. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party PW MAINTENANCE AGREEMENT -35- Rev. 6/2012 CITY OF CITY HALL Fe "eral Was 33325 8th Avenue Sotith Federal Way, VIVA 98003-6325 (253)835-7000 'i'mlww c'1 f,',OffE?uc?T wmay!. com materials or services from other sources, 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 Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. ' 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state sales tax; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims fled pursuant to RCW 39.08 and RCW 60.28 have been resolved. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party PW MAINTENANCE AGREEMENT -35- Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue South W Federal Way, "A 98003-6325 (253} 835 7000 Yb''nb'CCX77 under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, 'and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles ' with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 1 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise ' limit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured. Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. r6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. PW MAINTENANCE AGREEMENT -36- Rev. 6/2012 1 Ll 1 1 1 0 CITY OF CITY HALL 33325 8th Avenue South Federal Wa IL ff Federal Way, VVA 98003-6325 (253) 835-7000 t,Avvv c: t.yoffedemhv ty-: co r, 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts; designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, PW MAINTENANCE AGREEMENT -37- Rev. 6/2012 1 1 1 C 1 CITY • Federal Wa �A A CITY HALL 33325 8th Avenue South Federal Vijay, WA 98003-6325 (253)835-7000 Nd1-Y4b': r„)jy Qfyg{,jtift]fTV i j' corn at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. 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. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, 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 10.4 Prevailing_ Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "E" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting_ Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 1 PW MAINTENANCE AGREEMENT -38- Rev. 6/2012 1 1 I] 1 1 1 t t 1 CITY OF CITY HALL 33326 8th Avenue South Federal Way Federal Way, VVA 98003-6325 (263) 835-7000 msiwc:lyofieereraiwaycorn 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. PW MAINTENANCE AGREEMENT -39- Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue S011th 17ederal Way Federal Way, WA 98003-6325 (253)835-7000 ...''r%LbL'C?!P 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in ' accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. ' 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties ' shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient ' forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses 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, however nothing in ' this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. ' 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled ' together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a ' counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] iPW MAINTENANCE AGREEMENT -40- Rev. 6/2012 1 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. 1 CITY OF FEDERAL WAY 1 By. —V4, Ds. Skip Priest, Mayor 1 DATE: Ig9-1 13 ATTEST: 00AA , 001j City Clerk, Carol McN lly, M APPROVED AS TO FORM: City Attorney, Patricia A Richardson EVERSON'S ECONO-VAC., INC. 1 N111111/ By 1 w Printed Name: 1 SGC I? Eversm ?MUM �n,-, "s PURIC 1 Title: DATE:.JtAm 19A1,3. ,,'••,��N����`��,, i 1 STATE OF WASHINGTON) ss. COUNTY OF JkC-e, _) 1 On is day personally appeared before me ✓ to me known to be the �e.�i�.P�-�t of �✓ - C hat executed the foregoing 1 instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. 1 GIVEN my hand and official seal this /3-Aday of , 20/3 1 Notary's signature k&a Notary's printed name C. hh b+ - Notary Public in and for the State of ashington. 1 My commission expires 1 1 PW MAINTENANCE AGREEMENT -41- Rev. 6/2012 BLANK PAGE J L J 1 11 t 11 1 � I I PW MAINTENANCE AGREEMENT -42- Rev. 6/2012 EXHIBIT "A" SERVICES 1. Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, ' more particularly described as the Surface Water Infrastructure Maintenance and Service project, including without limitation: ' Any necessary traffic control for services related only to unit price items No. 1 and No. 2, vacuum/jet rodding, potholing/excavation services and CCTV services related to City storm drain systems, including storm structures, pipes and culverts, underground vaults/tanks and disposal of decant liquid and collected solids with all waste to be disposed of ' at an approved, licensed disposal facility on a daily basis (except when the equipment waste tank is not full and the contractor will be continuing work for the city immediately the next day or services are performed outside of disposal facility hours) ("Services"), in a manner consistent with the accepted practices for other properly licensed contractors ("Work"), in accordance with and as described in the Contract Documents, which include without limitation, this ' Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, "Services" attached as Exhibit A, "Compensation" attached as Exhibit B, Performance/Payment/Retainage Bond attached as Exhibit C, Certificate(s) of Insurance attached as Exhibit D, Prevailing Wages and Benefit Code Key attached as Exhibit E, and Storm Cleaning Daily Log attached as Appendix A, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's ' satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. ' Selected storm drain structures located along Pacific Highway South and major arterials within the City will be cleaned as well as selected catchbasins within specific groupings of catchbains called circuits. Digital� maps will be provided to the contractor identifying catchbasins to be cleaned. Additional structures requiring cleaning will be added over the course of ' the contract as they are identified. Current cleaning maps are provided as Exhibit F. The City of Federal Way will provide Traffic Control, in accordance with regulatory requirements, for services related to hourly items No. 3, 4, 5 and 6. The contractor shall provide two working days advance notification to the City. ' The City of Federal Way requires adherence to Washington State Department of Transportation Standard Plans and the U.S. Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Control Devices ' (MUTCD) for Streets and Highways. See the U.S. Department of Transportation Federal Highway Administration's MUTCD Part 6, Chapter 6H, Typical Applications, for greater detail. The City of Federal Way will also require a Right of Way Permit (provided by the City at no charge) with the additional condition that trucks are equipped with a sequential ' arrow board when working in multi -lane roads. 2. Response Times. For all customary maintenance Services, Contractor agrees to respond and perform such ' Services within twenty-four (24) hours from receiving telephone notice from the City to proceed. In the event of an emergency, as determined by the City, Contractor agrees to respond and perform such Services within two (2) hours of receiving telephone notice from the City to proceed. ' 3. Records/Logs. The Contractor shall maintain accurate records of the Services performed on the storm drain system and of the sites utilized for disposal of the collected liquid wastewater and solid materials on the form attached hereto as Appendix A (Storm Cleaning Daily Log) and incorporated herein by this reference. At a minimum, these ' records shall show the number of storm drain structures cleaned, their associated inventory I.D. number (if known), linear feet and hours required to clean storm drain lines /culverts, hours required to clean underground R/D facilities, dates and times of disposal , total tonnage of solid material and gallons of liquid wastewater per load, total tonnage and gallons per ' day, name and location of the disposal sites used, and the name of the street or storm drainage system where the Services were performed. The Contractor shall produce a written report for each day worked and email (in PDF format) at least once a week to the City. Reports shall provide the information required in the preceding sentence and in Appendix A. ' PW MAINTENANCE AGREEMENT -43- Rev. 6/2012 Whenever the vactor waste tank is not empty upon arriving to perform services; before commencing work, the contractor shall list the amount, type and source of pre-existing waste material in the Storm Cleaning Daily Log and provide record keeping documentation to verify that the City was not charged for disposing of said pre-existing material. ' 4. Incidental Costs. The Contractor shall be responsible for obtaining and paying for any water used in connection with the Services, and all other incidental costs. ' 5. Employ. All of Contractor's employees and agents who participate in the performance of the Services shall be competent and skilled in the performance of such work and Contractor agrees to provide an adequate number of such employees in order to provide the Services. The contractor shall provide a minimum of two employees to provide all' services, including CCTV Inspection, and will provide additional staff when needed to accomplish the work in a ' safe and efficient manner. Contractor shall require all employees to be courteous at all times to the public, to perform their work as quietly as possible and to be neat in appearance. 'The City requires the Contractor to perform services and complete tasks in a timely manner. How this is accomplished is up to the Contractor. Though the minimum number of employees is specified by the City, certain tasks will require more employees than others, based on safety and traffic control regulations. ' 6. Equipment. The equipment required for performance of this Contract shall be standard vacuum/jet rodding trucks that operate on the vacuum principle for the removal of solids and must have sufficient 1" minimum inlet diameter hose with water pressure and capability of jet rodding storm drain lines and culverts and removing solids/debris in a single operation for a distance of at least 400 feet from said equipment. Trucks shall not be more than 10 years old during the contract term, and shall have a 10 cubic yard minimum solid waste capacity and a 750 gallon minimum fresh water capacity, and a 2,000 psi/60 GPM minimum jet pump capacity. At a minimum; the following iet cleaning nozzle types shall be provided: Standard forward facing iet; rotating chain flail head and root cutters in at least 8" thru 18" sizes; and 1" inlet diameter rotating multi -nozzle head. ' CCTV equipment shall be steerable and have the ability to travel 300 feet minimum within precleaned 8" pipe and 300 feet minimum within 12" or larger pipe with a 2" depth of sandy/gravelly sediment within pipe without ' becoming high centered . CCTV camera(s) will have the ability to pan, tilt, adiust focus and have a camera light with adequate intensity to make defects such as corrosion or cracks readily visible. ' All equipment shall be maintained in good working condition and repair, operating at the original manufacturer's specifications, and equipped with proper warning lights. The acceptability of Contractor's vacuum/jet rodding trucks and CCTV camera(s) for the City's needs under this Contract shall be subject to the approval or disapproval of the Director. ' Vacuum/jet rodding vehicles shall be numbered and shall have the Contractor's name, and vehicle number painted in letters of contrasting color of least four inches high on each side and on the back of each vehicle. No advertising shall be permitted other than the name of the Contractor. All vehicles shall be kept in a clean and sanitary condition, and all vacuum/jet rodding vehicles shall be cleaned at least once a week. Repainting of all vehicles shall be done as needed to maintain an acceptable appearance, or within thirty (30) days after the written notification from the Director. 7. Maintenance and Service Standards and Procedures. ' 7.1 Storm Drain Structures. The Contractor shall first remove all debris from the bottom of the storm drain structure. It may then be necessary to flush down the sides of the storm drain structure with a high-pressure hose ' to remove all remaining debris. Any debris flushed off during this operation must be removed and not allowed to enter the incoming or outgoing storm drain lines. After cleaning the storm drain structure, the Contractor shall check to see if there is any damage to the storm drain system or blockages to the inflow or outflow storm drain ' lines. If the inflow or outflow storm drain lines are blocked or contain a significant amount of solids and requires cleaning or is damaged, the Contractor shall report this information to the City, on the same day that was encountered, for future cleaning or repair. The Contractor shall note any differences between the plans provided ' and the as -built condition on forms provided by the City. 7.2 Storm Drain Lines and Culverts. Storm drain lines and culverts shall only be cleaned upon verification of the need by the City and with authorization to proceed issued by the City. Once authorized, the Contractor shall PW MAINTENANCE AGREEMENT -44- Rev. 6/2012 mil 1 i 1 1 begin typically at the downstream (low end) storm drain structure or culvert end and perform jet rodding from the low end to the upper end removing solids and debris from the storm drain or culvert and depositing the removed solids and debris to the low end storm drain structure or culvert. This procedure should be continued until all of the solids and debris are removed from the storm drain line or culvert. Once the storm drain line or culvert is clear of solids and debris the deposited solids and debris shall be vacuumed from the storm drain structure sump or culvert end. The removal of the solids and debris from the storm drain structure sump or culvert end can, and often is, vacuumed at the same time the jet rodding is being performed. When tree roots are encountered in the storm drain line or culvert and cannot be cleared utilizing a standard jet rodding nozzle, the Contractor shall utilize root cutting, rotating nozzle or chain flail jet head equipment to clear storm drain lines or culverts. 7.3 Underground Facilities. The Contractor shall follow all appropriate confined entry procedures before entering any underground facilities. Due to the various types and configurations of underground facilities, the Contractor will be responsible to develop a maintenance plan and procedures list for cleaning facilities on a case- by-case basis. The City will provide to the extent possible facility plans and records to assist the Contractor in developing a maintenance plan and procedures list. 7.4 CCTV Inspection Service. Contractor shall provide CCTV storm sewer inspection reporting in a manner consistent with the accepted practices for similar services, within the time period prescribed by the City and pursuant to the direction of the Director or his or her designee. CCTV inspection reports shall be provided on (1) DVD with video files in MPEG 2 format (or another format approved by the city) and shall include a conditional report in PDF format (or another format approved by the city) with the inspection format to roughly mimic NASSCO PACP/MACP requirements. The inspection report shall include the following information: Starting/ending asset numbers, street location, asset diameter/size, material(s), length, flow direction, date/time of inspection, operator contact information, and defect/obstruction findings with respective locations. 8. Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's 'Notice to Proceed. The Services shall continue for a twelve (12) month period unless the Contract is terminated earlier by the City. In the event any of the Services are not completed within the time specified by the City, Contractor agrees to pay to the City liquidated damages in the amount set forth below. ' 9. Liquidated Damages. Time is of the essence of the Agreement and each and all of its provisions in which performance is a factor. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. 'Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: ' (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and ' (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. ' LIQUIDATED DAMAGES FORMULA LD = 0.15C T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). ' C = Original Contract amount. T = Original time for completion. ' When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated PW MAINTENANCE AGREEMENT -45- Rev. 6/2012 damages will not be assessed for any days for which an extension of time is granted. No deduction or payment ' of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. t 10. Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 11. Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or ' other fees, at its sole cost and expense. 12. Amendments. The City may, at any time, without notice to sureties, order changes within the scope of ' the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such changes shall be in the form of the Contract Amendment and shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or ' decrease in the compensation to be paid to Contractor as a result of such change in the Work. Verbal amendments shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or ' any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of 'such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require determining if the claims and costs have merit. No claim will be allowed for any costs ' incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this 1 1 1 1 1 1 Contract. 13. Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 14. Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 15. Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, 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 of Federal Way. PW MAINTENANCE AGREEMENT -46- Rev. 6/2012 EXHIBIT "B" ' COMPENSATION ' 1. Compensation for Contract Bid Items. ' In consideration of the Contractor performing the Services, the City agrees to pay the Contractor for unit price bid items No 1 through 4 as follows: ' Item No. 1: "Type I or 1L Storm Catch Basin Cleaned" The sum of TWENTY EIGHT and 95/100 Dollars ($28.95), per each. ' Item No. 2: "Type II Storm Catch Basin or Manhole (48 -inch and larger) Cleaned" The sum of THIRTY NINE and 50/100 Dollars ($39.50), per each. ' NOTE While performing work on all of the above per "EACH" items; no hourly payment will be made for travel time to or from waste disposal sites or to or from fresh water tank refilling sites. Payment for "EACH" items shall include all incidental costs in connection with performing these services. Item No. 3: "Cleaning Storm Lines, Tanks, Vaults or Culverts " ' The sum of ONE HUNDRED EIGHTY FIVE and 00/100 Dollars ($185.00), per hour. ' Item No. 4: "Potholing and/or Excavation" The sum of ONE HUNDRED EIGHTY FIVE and 00/Dollars ($185.00), per hour. ' Item No. 5: "Emergency Response" The sum of ONE HUNDRED EIGHTY FIVE and 00/100 Dollars ($185.00), per hour. Item No. 6: "CCTV Inspection Compensation' ' The sum of NINETY NINE AND 00/100 Dollars ($99.00), per hour. NOTE- Payment for all of the above hourly rate items shall exclude costs for ROW permit fees and ' backfilling of potholes buried lids or excavation areas. Payment shall include all other incidental costs associated with performing these Services. ' While performing vactor work on per "HOUR" items; hourly paMent will be made for travel time to or from waste disposal sites and to or from fresh water tank refilling sites as needed to accomplish the work. ' While performing Emergency Response services; hourly payment will be made from the point where the truck responded to a call not to exceed 1 hour of travel time to one hour after the truck leaves the work ' site When responding to an emergency callout outside the normal operating hours of waste disposal facilities and waste cannot be disposed of or does not need to be disposed of after hours, payment for travel time to dispose of waste during normal business hours shall be made at the standard hourly rates. I PW MAINTENANCE AGREEMENT -47- Rev. 6/2012 ' Item No. 7: "Disposal of Vacuumed Solids/Spoils" oils" P P ' The sum of SEVENTY and 80/100 Dollars ($70.80), per Ton. NOTE- Payment for "Disposal of Vacuumed Solids/Spoils" shall include all permits and all other ' incidental costs associated with performing these Services. Item No. 8: "Disposal of Liquid Decant" ' The sum of ZERO and ZERO SIX POINT NINE/ 100 Dollars ($0.069), per Gallon. NOTE- Payment for "Disposal of Liquid Decant" shall include all permits and all other incidental costs associated with performing these Services. Item No. 9: "Entry Fee for Disposal" The sum of EIGHTY-ONE and 00/100 Dollars ($81.00), per Entry. NOTE- Payment for "Entry Fee for Disposal" shall include all other incidental costs associated with ' performing these Services. ' 2. Total Compensation for performing the above services under this agreement shall not exceed One Hundred Fifty Four Thousand Two Hundred Fifty Three and NO/100 Dollars ($154,253.00). Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 1 J 1 1 IPW MAINTENANCE AGREEMENT -48- Rev. 6/2012 0 EXHIBIT "C" LSM0448622 CITY OF FEDERAL WAY PERFORMANCE/PAYMENT/RETAINAGE BOND KNOW ALL PEOPLE BY THESE PRESENTS: Contractors Bonding We, the undersigned Everson's Econo-Vac, Inc. , ("Principal") and and Insurance Company, the undersigned corporation organized and existing under the laws of the State of Washington and legally doing business in the State of Washington as a surety ("Surety"), are held and firml b�ngeji %nip t4� CityTof Federal Way, a Washington municipal corporation ("City") in the penal sum of _ e un re Fi our ousan wo Hundred Fiftv Three and oo/loo Dollars and no/100 ($154,253.00 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into an Agreement with the City dated , 2013 for RFB No. 13-107 Surface Water Infrastructure Maintenance and Service NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall pay all applicable state sales tax, and shall hold the City, its officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. "Che Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its Finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall PW MAINTENANCE AGREEMENT -49- Rev. 6/2012 - - - -- _. _.. _..... .. ............ LSM0448622 ' pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101-2327. The Surety shall not, interplead prior to completion of the mediation. DATED thisl8th day of July , 2013 . CORPORATE SEAL OF PRINCIPAL: PRNCIPAL Ev rs s co V. ac Inc. By isa A. Everson ame of Person Executing Bond) Its: President (Title) P.O. Box 428 Sumner, WA 98390 (Address) (253)848-5250 (Phone) 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 Lisa A. Everson , who signed the said bond on behalf of the Principal, was President of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary 1 I PW MAINTENANCE AGREEMENT -50- Rev. 6/2012 LSM0448622 CORPORATE SEAL OF SURETY: SURETY Contractors Bonding and Insurance Company By: Attorney -in -Fact µC 1��/ (Attach Power of Attorney) Mark Noma V (Name of Person Executing Bond) SEAL 9 P.O. Box 3967 P.O. Box 9271 Peoria, IL 61612 Seattle, WA 98109 (Address) (309)692-1000 (800)765-2242 (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney PW MAINTENANCE AGREEMENT - 51 - Rev. 6/2012 Contractors Bonding and Insurance Company cb�c P.O. Box 3967 Peoria II.61612-3967 Phone: (3N)692- 1000 Fax: (309)683-1610 Know A11 Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company Bond No. T SM0448622 That the Contractors Bonding and Insurance Company , a corporation organized and existing under the laws of the State of Washington , and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Mark Noma in the City of Seattle , State of Washington-, as Attorney In Fact , with full power and authority hereby conferred ups him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 1 for any single obligation, and specifically for the following described bond. ' Principal: Everson's Fcono-Vac, Inc. Obligee:City of Federal Way Bond Amount: S 154,253 00 ' The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of Contractors, Bonding and Insurance Company , and now in force -to -wit: 11 1 "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." ATTEST: .moi' Cynthia S. thm Assistant Secretary Contractors Bonding and Insurance Company On this 18th day of July 2013 before me, a Notary Public, personaared Roy C. Die and C=thia S. Dohm , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. Bri A -<hick ' Notary Public Notary Public State of Washington BRIAN A. SCHICK MY COMMISSION EXPIRES February 9, 2016 A0006104_BrD 2 IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by ' its Vice President with its corporate seal affixed this 18th day of July , 2013 ATTEST: .moi' Cynthia S. thm Assistant Secretary Contractors Bonding and Insurance Company On this 18th day of July 2013 before me, a Notary Public, personaared Roy C. Die and C=thia S. Dohm , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said Contractors Bonding and Insurance Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. Bri A -<hick ' Notary Public Notary Public State of Washington BRIAN A. SCHICK MY COMMISSION EXPIRES February 9, 2016 A0006104_BrD 2 AgPRD,. CERTIFICATE OF LIABILITY INSURANCE Date (MM/DD/YR) 7/19/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER License # 0564249 NAME: (OR)Heffeman Insurance Brokers PHONE 800-208-6912 AlC,No : 800-215-0147 PO Box 69038 Ext Portland, OR 97239 EMMAILAIL ADDRESS: INSURERS AFFORDING COVERAGE I NAIC # INSURED Everson's Econo-Vac, Inc. Attn: Lisa Everson P.O. Box 428 Sumner, WA 98390 COVERAGES GtK ( irn A i C mumor-1%. - INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED. THIS IS TO CERTIFY THAT POLICIES OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. poLlcY EFF Po CY EXP INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/D MMIDD INSR WVD LIMITS LTR EACH OCCURRENCE $ 1,000,000 GENERAL L LIABILITY Y 009162190 12/20/2012 12/20/2013 DAMAGE TO RENTED PREMISES Ea oeartenoe $ 300,000 % IAL GENERAL LIABILITY A COMMERCIAL MED EXP (Any one person) $ 5,000 CLAIMS -MADE ❑ OCCUR PERSONAL &ADV $ 1,000,000 X WASHINGTON STOP GAP $1,000,000 INJURY GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP$ 2,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER AGG X POLICY PROJECT LOC COMBINED SINGLE LIMIT $ 1,000,000 AUTOMOBILE LIABILITY (Ea accident) A X ANY AUTO 009162190 12/20/2012 12/20/2013 Pew) INJURY (Per $ SCHEDULED BODILY INJURY (Per accident) $ ALL OWNED AUTOS AUTOS PROPERTY DAMAGE $ HIRED AUTOS AU T'�'""ED (Per accident) EACH OCCURRENCE $ 2,000,000 UMBRELLA LIAR X OCCUR CLAIMS C09162190 12/20/2012 12/20/2013 AGGREGATE $ 2,000,000 B X EXCESS LIAB -MADE DED RETENTION $ WORKERS COMPENSATION WC U TORY UMITS H. ER E.L. EACH ACCIDENT $ AND EMPLOYERS' LIABILITY Y/N ANY PRORPIER/TOR/PARTNERd9CECUT/VE/ ❑ NIA E.L.EASE - EA $ OFFICER/MEMBER EXCLUDED? EMPLOYEE (Mandatory in N.H.) E.L. DISEASE - PO CY $ H yes, describe under DESCRIPTION OF LIMB OPERATIONS below ACORD 107, AddMbnal Remarks Schedule, N mora span Is required) DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Re: RFB #13-107, Public Works Contract for Surface Water Infrastructure Maintenance and Service. City of Federal Way is included as Additional Insured(s) on the General Liability policy per the attached form CG841612-03. Coverage is Primary and Non -Contributory. ,...,— . wTrnet City of Federal Way 33325 8th Ave. S Federal Way, WA 98003-6325 0/05) The ACORD name and logo are SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. marks of ACORD IL 0146 0310 0 Insurance Services Office, Inc., 2010 Pam 1 of 4 13 C09- 516-21-90 ECONO-VAC INC 12%20/12 IL 01460810 WASHINGTON COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. ' Property The conditions in this endorsement replace any 3. We may cancel the Commercial Coverage Part and the Capital Assets Program similar conditions in the policy that are less favorable (Output Policy) Coverage Part, if made a part to the insured. of this policy, by mailing or delivering to the firs A. Cancellation Named Insured and the first Named Insured's 1. The first Named Insured shown in the agent or broker written notice of cancellation at Declarations may cancel this policy by notifying least five days before the effective date of ' us or the insurance producer in one of the cancellation for any structure where two or following ways: more of the following conditions exist: a. Written notice by mail, fax or amaik a. Without reasonable explanation, the ' b. Surrender of the policy or binder, or structure is unoccupied for more than 60 consecutive days, or at least 66% of the c. Verbal notice. rental units are unoccupied for more than Upon receipt of such notice, we will cancel this 120 consecutive days, unless the structure policy or any binder issued as evidence of is maintained for seasonal occupancy or is coverage, effective on the later of the following: under construction or repair; a. The date on which notice is received or the b. Without reasonable explanation, pry ' policy or binder is surrendered; or toward completion of permanent repairs to b. The date of cancellation requested by the the sbWure has not occurred within W first Named Insured. days after receipt of funds following satisfactory adjustment or adjudication of ' 2. We may cancel this policy by mailing or the loss resulting from a fire; delivering to the first Named Insured and s c. Because of its physical condition. the Because first Named Insured's agent or broker written of cancellation, Including the actual structure is in danger collapse; ' notice reason for the cancellation, to the last mailing d. Because of its physical condition, a address known to us, at least: vacation or demolition order has been a. 10 days before the effective date of issued for the structure, or it has been declared unsafe in accordance with cancellation if we cancel for nonpayment of ' premium; or applicable law' b. 46 days before the effective date of e. Fixed and salvageable items have been removed from the structure, indicating an ' cancellation if we cancel for any other intent to vacate the structure: reason; except as provided in Paragraphs 3. and 4. f. Without reasonable explanation, heat, and electdchy are not below. water, sewer furnished for the structure for 60 ' consecutive days; or g. The structure is not maintained in substantial compliance with fire. safety and ' building codes. IL 0146 0310 0 Insurance Services Office, Inc., 2010 Pam 1 of 4 13 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section 11- Who Is An Insured is amended to include as an insured any person or organization whom ' you are required to name as an additional insured on this policy in a written contract or written agreement. The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal ' and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or ' 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: ' a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - Personal and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineer's or surveyor's rendering of or failure to render any ' professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been ' completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its ' intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. ' B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. ' C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. I� ' CG 8416 12 43 Includes copyrighted material or ISD Properties, Inc-, with its permission. Page 2 of 9 ' E 60r 66 1 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or ' Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under ' this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and ' c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional ' insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 4. The following is added to Paragraph b., Excess Insurance of Condition 4.Oter Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to ' the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an "occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies. ' FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: ' A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to ' you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph S. of Section III - Limits Of Insurance is replaced by the following: S. Subject to 5. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under ' Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. 7 :G 841612 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 3 of 9 6000 'J 1 J i� Til $, PERSONAL AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e. of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising Injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b. and c. of 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability are replaced by the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injuryarising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. Location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) ' The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your projects away from premises owned by or rented to you. r CG 8411612 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 9 E 00400 13. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS ' We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written ' contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: ' A. $10,000; or B. The amount shown in the Declarations. ' 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section 11- Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, t this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. ' 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V - Definitions is replaced by the following: (1) Equipment designed primarily for: ' (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or ' (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,000 pounds or greater, 17. INCIDENTAL MALPRACTICE LIABILITY ' Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resulting from any of these at any time. ' The following is added to Section V - Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency ' medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. ' 18. NON -OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I - Coverage A Bodily Injury ' And Property Damage Liability. (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. C ' CG 8416 12 03 Indudes copyrighted material of ISO Properties. Inc.. with its permission. Page 8 of 9 E 607 00 F Page 1 of 17 �it'vil�l�-'a�a State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 1 5/21/2013 County Trade Job Classification Wage Holiday Overtime Note King Asbestos Abatement Workers Journey Level $40.83 5D 1 H King Boilermakers Journey Level $62.34 5N 1C King Brick Mason Brick And Block Finisher $42.21 5A 1M King Brick Mason Journey Level $49.07 5A 1M King Brick Mason Pointer -Caulker -Cleaner $49.07 5A 1M King Building, Service Employees Janitor $19.98 5S 2F King Building Service Employees Traveling Waxer/shampooer $20.39 5S 2F King Building Service Emyloyees Window Cleaner (Scaffold) $24.52 5S 2F King Building Service Employees Window Cleaner(non-scaffold) $23.66 5S ZF King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker$49.57 5D im King Carpenters Bridge, Dock And Wharf Carpenters $49.57 5D 1M King Carpenters Carpenter $49.57 5D 1M . King Carpenters Carpenters on Stationary Tools $49.70 5D 1M King Carpenters Creosoted Material $49.67 5D 1M King Carpenters Floor Finisher $49.57 5D 1M King Carpenters Floor Layer $49.57 5D 1M King Carpenters Scaffold Erector $49.57 5D 1M King Cement Masons Journey Level $50.13 7A 1M King Divers £t Tenders Diver $100.28 5D 1M BA King Divers Ft Tenders Diver On Standby $56.68 5D 1 M King Divers Et Tenders. Diver Tender $52.23 5D 1M King Divers Et Tenders Surface Rcv it Rov Operator $52.23 5D 1M King Divers Et Tenders Surface Rcv & Rov Operator Tender $48.67 5A 1B King Dredee Workers Assistant Engineer $51.07 5D 3G King Dredge Workers Assistant Mate(deckhand) $50.56 5D M I htts:Hfortress.wa. ov/lni/wa elooku / rvW .as x 5/21/2013 p g g p p agelookup p Page 2 of 17 1 King Dredge Workers Boatmen $51.07 5D 3G King Dredge Workers Engineer Welder $51.12 5D 3G King Dredge Workers Leverman, Hydraulic $52.69 5D 3G King Dredge Workers Maintenance $50.81 5D 3G King Dredge Workers Mates $51.07 5D 3G King Dredge Workers Oiler $50.69 5D 3G King Drywall Applicator Journey Level $49.74 5D 1H King Drywall Tapers Journey Level $49.79 5P 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1 E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W King Electricians - Inside Construction Stock Person $34.19 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $64.95 5A 4A King Electricians - Powerline Construction Certified Line Welder $59.37 5A 4A King Electricians - Powerline. Construction Groundperson $42.16 5A 4A King Electricians - Powerline Construction Head Groundperson $44.50 5A 4A King Electricians - Powerline Construction Heavy Line Equipment Operator $59.37 5A 4A King Electricians - Powerline Construction Jackhammer Operator $44.50 5A 4A King Electricians - Powerline Construction Journey Level Lineperson $59.37 5A 4A King Electricians - Powerline Construction Line Equipment Operator $49.95 5A 4A King Electricians - Powerline Construction Pole Sprayer $59.37 5A 4A King Electricians - Powertine Construction Powderperson $44.50 5A 4A King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $77.70 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete All Classifications - In -Factory Work Only $14.60 5B 2K Products King Fence Erectors Fence Erector $15.18 1 King Fla ers Journey Level $34.61 7A 2Y King Glaziers Journey Level $52.76 7L 1Y u fl 11 1 Cl https://fortress.wa.gov/lm/wagelookup/ rvWa elookup aspx 5/21/2013 1 1 1 1 �l L.� LI t Page 3 of 17 King Heat it Frost Insulators And Journeyman $56.93 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $68.52 7F 1E King Hod Carriers 8 Mason Tenders Journey Level $42.11 7A 2Y King Industrial Power Vacuum Cleaner Journey Level $9.24 1 King Inland Boatmen Boat Operator $52.32 5B 1 K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $48.96 5B IK King Inland Boatmen Deckhand Engineer $49.95 5B IK King Inland Boatmen Launch Operator $51.16 5B IK King Inland Boatmen Mate $51.16 5B IK King Inspection / Cleaning /Seating _0 Cleaner Operator, Foamer' Operator $31.49 1 Sewer & Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer Ft Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 Sewer It Water Systems By Remote Control King Inspection/Cleaning/Seating Of Technician $19.33 1 Sewer &t Water Systems By Remote Control King Inspection/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer it Water Systems By Remote Control King Insulation Applicators Journey Level $49.57 5D 1M King Ironworkers Journeyman $59.02 7N 10 King Laborers _ _ Air, Gas Or Electric Vibrating Screed $40.83 7A 2Y King Laborers Airtrac Drill Operator $42.11 7A 2Y King Laborers Ballast Regular Machine $40.83 7A 2Y King Laborers Batch Weighman $34.61 7A 2Y King Laborers Brick Pavers $40.83 7A 2Y King Laborers Brush Cutter $40.83 7A 2Y King Laborers Brush Hog Feeder $40.83 7A 2Y King Laborers Burner $40.83 7A 2Y King Laborers Caisson Worker $42.11 7A 2Y King Laborers Carpenter Tender $40.83 7A 2Y King Laborers Caulker $40.83 7A 2Y King Laborers Cement Dumper -paving $41.59 7A 2Y King Laborers Cement Finisher Tender $40.83 7A ZY King Laborers Change House Or Dry Shack $40.83 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $40.83 7A 2Y King Laborers Chipping Gun(30 Lbs. And Over) $41.59 7A 2Y I htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g pP g P P Page 4 of 17 ' King Laborers Choker Setter $40.83 7A 2Y King Laborers Chuck Tender $40.83 7A 2Y King Laborers Clary Power Spreader $41.59 7A 2Y King Laborers Clean-up Laborer $40.83 7A 2Y King Laborers Concrete Dumper/chute Operator $41.59 7A 2Y King Laborers Concrete Form Stripper $40.83 7A 2Y King Laborers Concrete Placement Crew $41.59 7A 2Y King Laborers Concrete Saw Operator/core Driller $41.59 7A 2Y King Laborers Crusher Feeder $34.61 7A 2Y King Laborers Curing Laborer $40.83 7A 2Y King Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $40.83 7A 2Y King Laborers Ditch Digger $40.83 7A 2Y King Laborers Diver $42.11 7A 2Y King Laborers Drill Operator (hydraulic, diamond) $41.59 7A 2Y King Laborers Dry Stack Walls $40.83 7A 2Y King Laborers Dump Person $40.83 7A 2Y King Laborers Epoxy Technician $40.83 7A 2Y King Laborers Erosion Control Worker $40.83 7A 2Y King Laborers Faller £t Bucker Chain Saw $41.591 7A 2Y King Laborers Fine Graders $40.83 7A 2Y King Laborers Firewatch $34.61 7A 2Y King Laborers Form Setter $40.83 7A 2Y King Laborers Gabian Basket Builders $40.83 7A 2Y King Laborers General Laborer $40.83 7A King Laborers Grade Checker Ft Transit Person $42.11 7A 2Y King Laborers Grinders $40.83 7A 2Y King Laborers Grout Machine Tender $40.83 7A 2Y King Laborers Groutmen (pressure)including Post Tension Beams $41.59 7A 2Y King Laborers Guardrail Erector $40.83 7A 2Y King Laborers Hazardous Waste Worker (level A) $42.11 7A 2Y King Laborers Hazardous Waste Worker (level B) $41.59 7A 2Y King Laborers Hazardous Waste Worker (level C) $40.83 7A 2Y King Laborers High Scaler $42.11 7A 2Y King Laborers Jackhammer $41.59 7A 2Y King Laborers Laserbeam Operator $41.59 7A 2Y King Laborers Maintenance Person $40.83 7A 2Y King Laborers IManhote Builder-mudman $41.59 7A 2Y 1 1 1 1 https.//fortress.wa.gov/lni/wagelookup/ rvWageto kup aspx 5/21/20131 1 1 1 1 r. 1 11 Page 5 of 17 King Laborers Material Yard Person $40.83 7A 2Y King Laborers Motorman -dinky Locomotive $41.59 7A 2Y King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air £t Water On Concrete int Rock, Sandblast, Gunite, Shotcrete, Water Bla $41.59 7A 2Y King Laborers Pavement Breaker $41.59 7A 2Y King Laborers Pilot Car $34.61 7A 2Y King Laborers Pipe Layer Lead $42.11 7A 2Y King Laborers Pipe Layer/tailor $41.59 7A 2Y King Laborers Pipe Pot Tender $41.59 7A 2Y King Laborers Pipe Reliner $41.59 7A 2Y King Laborers Pipe Wrapper $41.59 7A 2Y King Laborers Pot Tender $40.83 7A 2Y King Laborers Powderman $42.11 7A 2Y King Laborers Powderman's Helper $40.83 7A 2Y King Laborers Power Jacks $41.59 7A King Laborers Railroad Spike Puller - Power $41.59 7A 2Y King Laborers Raker - Asphalt $42.11 7A 2Y King Laborers Re-timberman$42.11 7A King Laborers Remote Equipment Operator $41.59 7A 2Y King Laborers Rigger/signal Person $41.59 7A 2Y King Laborers Rip Rap Person $40.83 7A 2Y King Laborers Rivet Buster $41.59 7A 2Y King Laborers Rodder $41.59 7A 2Y King Laborers Scaffold Erector $40.83 7A UY King Laborers Scale Person $40.83 7A 2Y King Laborers Sloper (over 20") $41.59 7A 2Y King Laborers Sloper Sprayer $40.83 7A 2Y King Laborers Spreader (concrete) $41.59 7A 2Y King Laborers Stake Hopper $40.83 7A 2Y King Laborers Stock Piter $40.83 7A 2Y King LaborersTamper Et Similar Electric, Air Et Gas Operated Tools $41.59 7A 2Y King Laborers_ Tamper (multiple Et Self- propelled) $41.59 7A 2Y King Laborers Timber Person - Sewer (tagger, Shorer Et Cribber) $41.59 7A 2Y King Laborers Toolroom Person (at Jobsite) $40.83 7A 2Y King Laborers Topper $40.83 7A 2Y King Laborers Track Laborer $40.83 7A 2Y King Laborers Track Liner (power) $41.59 7A 2Y King Laborers Traffic Control Laborer $37.01 7A 2Y 1R King Laborers Traffic Control Supervisor $37.01 7A 2Y 8R https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21/2013 Page 6 of 17 1 King Laborers Truck Spotter $40.83 7A 2Y King Laborers Tugger Operator $41.59 7A 2Y King Laborers Tunnel Work -Compressed Air Worker 0-30 psi $55.89 7A 2Y ?4 King Laborers Tunnel Work -Compressed Air Worker 30.01-44.00 psi $60.92 7A 2Y 88 King Laborers Tunnel Work -Compressed Air Worker 44.01-54.00 psi $64.60 7A 2Y 8D King Laborers Tunnel Work -Compressed Air Worker 54.01-60.00 psi $70.30 7A 2Y 80 King Laborers Tunnel Work -Compressed Air Worker 60.01-64.00 psi $72.42 7A 2Y 88 King Laborers Tunnel Work -Compressed Air Worker 64.01-68.00 psi $77.52 7A 2Y 80 King Laborers Tunnel Work -Compressed Air Worker 68.01-70.00 psi $79.42 7A 2Y King Laborers Tunnel Work -Compressed Air Worker 70.01-72.00 psi $81.42 7A 1H M King Laborers Tunnel Work -Compressed Air Worker 72.01-74.00 psi $83.42 7A 1H 80 King Laborers Tunnel Work-Guage and Lock Tender $42.21 7A 2Y 80 King Laborers Tunnel Work -Miner $42.21 7A 2Y King Laborers Vibrator $41.59 7A 2Y King Laborers Vinyl Seamer $40.83 7A 2Y King Laborers Watchman $31.46 7A 2Y King Laborers Welder $41.59 7A 2Y King Laborers Well Point Laborer $41.59 7A 2Y King Laborers Window Washer/cleaner $31.46 7A 2Y King Laborers - Underground Sewer General Laborer a Topman $40.83 7A 2Y Et Water King Laborers .- Underground Sewer Pipe Layer $41.59 7A 2Y It Water King _ Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $49.74 5D 1H King Marble Setters Journey Level $49.07 5A 1M King Metaf Fabrication (in Shop) Fitter $15.86 1 King Metal Fabrication)In Shop) Laborer $9.78 1 King Metal Fabrication {fi Shop) Machine Operator $13.04 1 King Metal Fabrication (!n Shop) Painter $11.10 1 King Metal Fabrication in Shop) Welder $15.48 1 King Millwright Journey Level $50.67 5D 1M King IModular Buildings Cabinet Assembly $11.56 1 / w / w / ry 1 https./ fortress. a.gov lni/ agelookup p Wagelookup.aspx 5/21/2013 1 1 P_� 1 1 Page 7 of 17 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 King Modular Buildings Toot Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.53 6Z 2B King Pite Driver Journey Level $49.82 5D iffi- King Plasterers Journey Level $48.23 Zq 1 R King Playground £t Park Equipment Journey Level $9.19 1 Installers King Plumbers & Pipefitters Journey Level $71.69 6Z King Power Equipment Operators Asphalt Plant Operators $51.89 7A 3C 8P King Power Equipment Operators Assistant Engineer $48.62 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $51.40 7A XC 8P King Power Equipment Operators Bobcat $48.62 7A 3C 8P King Power Eq uipment Operators Brokk - Remote Demolition Equipment $48.62 7A 3C 13P King Power Equipment Operators Brooms $48.62 7A 3C 1E King Power Equipment Operators Bump Cutter $51.40 7A 3C 8P King Power Equipment Operators Cableways $51.89 7A 3C 8P King Power Equipment Operators Chipper $51.40 7A 3C 8P King Power Equipment Operators Compressor $48.62 7A 3C 8P King Power Lqgiprnerjt Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $51.89 7A 3C 8P King Power Equipment Operators Concrete Finish Machine -laser Screed $48.62 7A 3C 8P King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $50.98 7A XC 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $51.40 7A 3C 8P King Power Equipment Operators Conveyors $50.98 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $51.40 7A 3C 8P King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $52.44 7A 3C 8P King Power.,Eguipment Operators Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $53.01 7A 3C 8P King Power_Equi omen t Operators Cranes: 45 Tons Through 99 $51.89 7A 3C 8P htts:Hfortress.wa. ov/lni/wa elo k / p g g o up/prvWagelookup.aspx 5 21/2013 Page 8 of 17 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21 /20131 Tons, Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A -frame - 10 Tons And Under $48.62 7A 3C 8P King Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $53.01 7A 3C 8P King Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $53.57 7A 3C 8P King Power Equipment Operators Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $50.98 7A 3C 8P King Power Equipment Operators Crusher $51.40 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches (power) $51.40 7A 3C 8P �� King Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P King Power Equipment Operators Dozers D-9 it Under $50.98 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $50.98 7A 3C 8P King Power Equipment Operators Drilling Machine $51.401 7A 3C 8P King Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $48.62 7A 3C 8P King Power Equipment Operators Finishing Machine, Bidwell And Gamaco &t Similar Equipment $51.40 7A 3C 8P King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $50.98 7A 3C 8P King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $48.62 7A 3C 8P King Power _Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $51.40 7A 3C 8P King Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P King Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P King Power Equipment Operators _ Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. 8 Over $51.89 7A 3C 8P King Power Eq iipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $51.40 7A 3C 8P King Power Equipment Operators Horizontal/directional Drill Locator $50.98 7A 3C 8P King Power Equipment 0 erators Horizontal/directional Drill Operator $51.40 7A 3C 8P King Power fuipment Operators Hydralifts/boom Trucks Over 10 Tons $50.98 7A 3C 8P King Power Euipmerit Operators Hydralifts/boom Trucks, 10 Tons And Under $48.62 7A 3C 8P King Power. Equi�nient Operators Loader, Overhead 8 Yards. Et Over $52.44 7A 3C8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21 /20131 L 1 1 1 1 t 1 1 Page 9 of 17 King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $51.89 7A 3C 8P King Power Equipment Operators Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P King Power Equipment Operators Loaders, Plant Feed $51.40 7A 8P King Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 8P King Power Equipment Operators Locomotives, All $51.40 7A 3C 8P King Power Equipment Operators Material Transfer Device $51.40 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $52.44 7A 3C 8P King Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P King Power Equipment Operators Motor Patrol Grader - Non- finishing $50.98 7A 3C 8P King Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $51.89 7A 3C 8P King Power Equipment Operators Oil Distributors, Blower Distribution Et Mulch Seeding Operator $48.62 7A 3C 8P King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $50.98 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $52.44 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $51.89 7A 3C 8P King Power Equipment Operators Pavement Breaker $48.62 7A 3C 8P King Rower-Eglgipment Operators Pile Driver (other Than Crane Mount) $51.40 7A 3C 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P King Power Equipment 0 erators Posthole Digger, Mechanical $48.62 7A 3C 8P King Power -Equipment Operators Power Plant $48.62 7A 3C 8P King Power Equipment Operators Pumps - Water $48.62 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P King Power E_Quipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $48.62 7A 3C 8P King Power E uipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $51.89 7A 3C 8P King Power Equa_pment Operators Rigger And Bellman$48.62 7A 3C 8P King Power Equipment Operators Rollagon $51.89 7A 3C 8P King Power Equipment. Operators Roller, Other Than Plant Mix $48.62 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi -lift Materials $50.98 7A 3C 8P King Power Equipment Operators Roto -mill, Roto -grinder 1 $51.401 7A I 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21/2013 Page 10 of 17 1 King Power Equipment Operators Saws - Concrete $50.98 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $51.40 7A 3C 8P King Power Equipment Operators Scrapers - Concrete Et Carry Alt $50.98 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over $51.89 7A 3C 8P King Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 3P King Power Equipment Operators Shotcrete/gunite Equipment $48.62 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $50.98 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $51.89 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $51.40 7A 3C 8P King Power Equi,)ment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $52.44 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $53.01 7A 3C 8P King Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et Screedman $51.89 7A 3C 8P King Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P King Power.,Equipment Operators Tower Crane Over 175'in Height, Base To Boom $53.01 7A 3C 8P King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $52.44 7A 3C 8P King Power Equipment 0 er{� ators Transporters, Alt Track Or Truck Type $51.89 7A 3C 813 King Power Equipment Operators Trenching Machines $50.98 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over $51.40 7A 3C 8P King Power. Equipment Operators Truck Crane Oiler/driver Under 100 Tons $50.98 7A 3C 8P King Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C 813 King Power Equipment Operators Welder $51.89 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farman Type $48.62 7A 3C 8P King Power Eguipment OLerators Yo Yo Pay Dozer $51.40 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $51.89 7A 3C 813 Underground Sewer & Water King #?ower__Eg.,ujp.ment._Op_erators- Assistant Engineer $48.62 7A 3C 8P Underground Sewer is Water King Power._E. uipment Operators- Barrier Machine (zipper) $51.40 7A 3C 8P Underground Sewer S: Water King Power Equipment Operators- Batch Plant Operator, Concrete $51.40 7A 3C 8P Underground Sewer Et Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21/2013 Page 11 of 17 King Power Equipment Operators- Bobcat $48.62 7A 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment 0-12_erators- Brooms $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $51.89 7A 3C P Underground Sewer Et Water King Power EguiDment Operators- Chipper $51.40 7A 3C Underground Sewer Et Water King Power Equipment Operators- Compressor $48.62 7A 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $51.89 7A 3C EP Underground Sewer Et Water King Power Equipment Operators- Concrete Finish Machine -laser Screed $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Conveyors $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $52.44 7A 3C 8P Underground Sewer Et Water King Power Equipment 0 ep rators- Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $53.01 7A 3C 8P Underground Sewer Et Water King Power E ui menu Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: A -frame - 10 Tons And Under $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $53.01 7A 3C 8P Underground Sewer Et Water King Power Eguioment Operators- Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Underground Sewer Et Water King ower Equipment Operators- Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $53.57 7A 3C BPP Underground Sewer Et Water King Power Equipment Operators- Cranes: Through 19 Tons With Attachments A -frame Over 10 $50.98 7A 3C 8P Under round_Sewer. Et Water I htt s:Hfortr .wa. ov/lni/wa elooku / rvWa elooku .as x p ess g g p p g p p 5/21/2013 Page 12 of 17 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21/2013 1 1 1 1 C 1 1 Tons King Power Equipment Operators- Crusher $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer/deck Winches (power) $51.40 7A 3C 8P Underground Sewer ft Water King Power Equipment Operators- Derricks, On Building Work $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Dozers D-9 Et Under $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck Or Crane Mount $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drilling Machine $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $48.62 7A 3C 8P Underground Sewer ft Water King Power Equipment Operators- Finishing Machine, Bidwell And Gamaco Et Similar Equipment $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklift: 3000 Lbs And Over With Attachments $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklifts: Under 3000 Lbs. With Attachments $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Gradechecke'r/stakeman $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $51.40 7A 3C 8P Underground Sewer ft Water. King Power E uq ipment_Operators- Horizontal/directional Drill Locator $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal/directional Drill Operator $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts/boom Trucks Over 10 Tons $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons And Under $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators: Loader, Overhead 8 Yards. Et Over $52.44 7A 3C 8P Underground Sewer Et Water King Power Eauipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment_Operators- Loaders, Overhead Under 6 Yards $51.40 7A 3C 8P Undereround Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $51.40 7A 3C 8P Underground Sewer 6t Water King Power Eguiprnent Operators- Loaders: Elevating Type Belt $50.98 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 5/21/2013 1 1 1 1 C 1 1 1 1 Page 13 of 17 ' htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, Alt (leadmen - $0.50 Per Hour Over Mechanic) $52.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mixers: Asphalt Plant $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Grader - Non- finishing $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders, Finishing $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mote, Tunnel Drill, Boring, Road Header And/or Shield $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $48.62 7A 3C 8P Under round Sewer Et Water King Power Equipment Operators- Outside Hoists (elevators And Manlifts), Air Tuggers, strato $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $52.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pavement Breaker $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $51.40 7A 3C BEP Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $50.98 7A E 8P Underground Sewer Et Water King Power EgUipment Operators- Posthole Digger, Mechanical $48.62 7A 3C 8P Underground Sewer Et Water King Power_EggjDment ODerators- Power Plant $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $48.62 7A 3C $P Underground Sewer Et Water King Power Equipment Operators-. Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Quick Tower - No Cab, Under Feet In Height Based To Boom $48.62 7A 3C 8P Underground Sewer Et Water100 King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $51.89 7A 3C 8P Underground Sewer Et Water _.e-..___..._._ King Power Equipment Operators- Rigger And Bellman $48.62 7A 3C 8P Underground Sewer Et. Water King Power Equipment Operators Rollagon $51.89 7A I 3C 8P ' htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Page 14 of 17 1 htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 p g g pp g P p 1 1 1 fl Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roto -mill, Roto -grinder $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers - Concrete Et Carry All $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 Yards And Over $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Service Engineers - Equipment $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete/gunite Equipment $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $52.44 7A 3C 8P Underground Sewer Et Water King Power Equipment ,Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $53.01 7A 3C 8P Underground Sewer Et Water King Power Equipment ODerators- Slipform Pavers $51.89 7A 3C 8P Underground Sewer Et Water King Power_Euipment Operators- Spreader, Topsider 8t Screedman $51.89 7A 3C 8P Underground Sewer Et Water King Power.Fguiament Operators-. Subgrader Trimmer $51.40 7A 3C 3P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $50.98 7A 3C 8P Underground Sewer Er Water King Power Equipment Operators- Tower Crane Over 175'in Height, Base To Boom $53.01 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $52.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators-. Transporters, All Track Or Truck Type $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Trenching Machines $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 Tons And Over $51.40 7A 3C 8P Underground Sewer Et Water King Power Egu Truck Crane Oiler/driver Under $50.98 7A 3C 8P htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 p g g pp g P p 1 1 1 fl 1 1 1 0 J 1 Page 15 of 17 htts://fortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Underground Sewer Et Water 100 Tons King Power Equipment Operators- Truck Mount Portable Conveyor $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Welder $51.89 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farman Type $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $51.40 7A 3C 8P Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $42.91 5A 4A Trimmers King Power Line Clearance Tree Spray Person $40.73 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $41.29 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $38.38 5A 4A Trimmers King Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $28.95 5A 4A King Refrigeration Et Air Conditioning Mechanics Journey Level $70.46 6Z 1G King Residential Brick Mason Journey Level $49.07 5A M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $38.60 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1E King Residential Electricians JOURNEY LEVEL $30.44 1 King Residential Glaziers Journey Level $35.10 7L 1H King Residential Insulation Applicators Journey Level $26.28 1 King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Pipefitters Journey Level $34.69 1 King Residential Refrigeration Et Air Journey Level $70.46 6Z 1 , Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.30 7F 111 King Residential Soft Floor Layers Journey Level $41.78 5A 3D King Residential Sprinkler Fitters Journey Level $40.81 5C 211 (Fire Protection) King Residential Stone Masons Journey Level $49.07 5A 1M King Residential Terrazzo Workers Journey Level $45.43 5A 1M King Residential. Terrazzo/Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $43.901 5A 1R htts://fortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Page 16 of 17 ' King Roofers Using Irritable Bituminous Materials $46.90 5A 1 R King Sheet Metal Workers Journey Level (Field or Shop) $68.52 7F 1E King Shipbuilding Et Ship Repair Boilermaker $39.66 7M 1H King Shipbuilding Et Ship Repair Carpenter $38.24 70 3B King Shipbuilding &Ship Repair Electrician $37.82 70 3B King Shipbuilding EtShip Repair Heat Et Frost Insulator $56.93 5J 15 King Shipbuilding &Ship Repair Laborer $36.78 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B King Shipbuilding Et Ship Repair Operator $40.15 70 3B King Shipbuilding Et Ship Repair Painter $37.81 70 3B King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.76 70 3B King Shipbuilding Et Ship Repair Sandblaster $36.78 70 3B King Shipbuilding Et Ship Rgg& Sheet Metal $37.74 70 3B King Shipbuilding Et Ship Repair Shipfitter $37.76 70 3B King Shipbuilding Et Ship Repair Trucker $37.61 70 3B King Shipbuilding Et Ship Repair Warehouse $37.65 70 3B King Shipbuild1hg Et Ship -Re pair Welder/Burner $37.76 70 3B King Sign Makers Et Installers (Electrical) Sign Installer $22.92 1 King Sign Makers Et Installers (Electrical) Sign Maker $21.36 1 King Sign Makers Et Installers_(Non: Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers Non- Sign Maker $33.25 1 Electrical King Soft Floor Layers Journey Level $41.78 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $69.59 5C 1X King Stage Rigging, Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $49.07 5A 1M King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 KingSurveyors Assistant Construction Site Surveyor $50.98 7A 3C 8P King Surveyors Chainman $50.461 7A 3C 8P King Surveyors Construction Site Surveyor $51.89 7A 3C 8P King Telecommunication Technicians Journey Level $22.76 1 King Telephone.Line Construction - Cable Splicer$35.09 5A 2B Outside King Tiephone Line Construction - Hole Digger/Ground Person $19.22 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $33.63 5A 2B 1 1 11 1 n 1 1 htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 I P g g PP g P P ra 1 i 1 �1 1 1 1 Page 17 of 17 htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Outside King Telephone Line_ Construction - Special Aparatus Installer 1 $35.09 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer II $34.37 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator (Heavy) $35.09 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator (Light) $32.62 5A 2B Outside King Telephone Line Construction - Telephone Lineperson $32.62 5A 2B Outside King Telephone Line Construction - Television Groundperson $18.65 5A 2B Outside King Telephone Line Construction - Television Lineperson/Installer $24.66 5A 2B Outside King Telephone Line Construction - Television System Technician $29.42 5A 2B Outside King Telephone Line Construction - Television Technician $26.43 5A 2B Outside King Telephone Line Construction - Tree Trimmer $32.95 5A 2B Outside King Terrazzo Workers Journey Level $45.43 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble Et Terrazzo Finishers Finisher $37.76 5A 1B King Traffic Control Stripers Journey Level $41.53 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $47.91 5D 3A 8L King Truck Drivers Asphalt Mix To 16 Yards (W. WA -Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Dump Truck ft Trailer $47.91 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $47.91 5D 3A 8L King Truck Drivers Transit Mixer $43.23 1 King Well Drillers £t Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers ft Irrigation Pump Oiler $12.97 1 Installers King Well Drillers 8: Irrigation Pump ___ Well Driller $18.00 1 Installers htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 5/21/2013 P g g PP g P P Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. r 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ' C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ' D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. ' G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All ' hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be ' paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (1 0) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. , R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday t shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. ' V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the ' employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the ' holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 , workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 1 11 1 1 �II 11 1 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on .holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All hours worked on Saturdays (except for make-up days) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 3 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 3. B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when , four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate , of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shalt be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. D. All hours worked between 6:00 pm Monday through 6:00 am Saturday, shall be paid at an overtime rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ' E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. ' G. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when , four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, , and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 8:00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all , additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 4. ALL HOURS WORKED IN EXCESS OF EIGHT 8 HOURS PER DAY OR FORTY 40 HOURS P , O ( ) PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly , rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after ' Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, ' the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and , Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, ' And Christmas (6). 6. A E G. 1H. 5. I. 1 1 J. K. L. N. i P. Q. ' R. ' S. T. 6. A E Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6)• Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (8). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,.One-Half Day Before Christmas Day, And Christmas Day. (7 1/2). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9)• Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Holiday Codes Continued Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half -Day On Christmas Eve Day. (9 1/2). Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day (11). Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). 5 G. 1H. i 1 1 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6)• Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (8). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day,.One-Half Day Before Christmas Day, And Christmas Day. (7 1/2). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9)• Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Holiday Codes Continued Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half -Day On Christmas Eve Day. (9 1/2). Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day (11). Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). 5 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, , Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the ' holiday. Holiday Codes Continued A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And , Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and ' Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the , preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, C Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving ' Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. ' E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding , Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. ' G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, , Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 1. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall ' be observed as a holiday on the preceding Friday. ' 6 C '. Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 7. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day ' (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday ' on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, ' Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day 1 After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, ' the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day ' after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. ' S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated ' accordingly. Note Codes ' 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' 42.00 per Foot for Each Foot Over 50 Feet ' Over 100' To 150' -$3.00 per Foot for Each Foot Over 100 Feet Over 150' To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet 1 Benefit Code Key — Effective 3-3-2013 thru 8-30-2013 C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' -$1.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' -$1.50 per Foot for Each Foot Over 100 Feet Over 150' To 200' 42.00 per Foot for Each Foot Over 150 Feet Over 200' -Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 3 I, 2012. T. Effective August 3 1, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. 8 ' EXHIBIT "F" MAPPING OF STRUCTURES IDENTIFIED FOR CLEANING DIGITAL MAPS ARE AVIALBLE FROM THE CITY OF FEDERAL WAY - CONTACT PAUL HELLER AT (253) 835-2754 OR BY EMAIL AT PAUL.HELLER@CITYOFFEDERALWAY.COM 11 1 L r, 1 I PW MAINTENANCE AGREEMENT -54- Rev. 6/2012 CITY OF � P N o j ��,� Federal Way STORM CLEANING DAILY LOG AG # DATE / / OPERATOR ASSIST MAP GRID # ' START TIME AM / PM END TIME AM / PM WEATHER CONDITIONS START ROAD START CB ID # END ROAD END CB ID # _ - PLEASE PRINT ALL NUMBERS LEGIBLY - CLEANED TYPE 1 CB # CLEANED TYPE 2 MH # ' INSPECTION NOTES: ' HOURLY JET RODDING HOURLY RD/TANK CLEANING AND TV CAM FROM BASIN # To BASIN # TIME FROM CB/MH # To CB/MH # TIME ' TOTAL RDITANK LABOR HOURS TOTAL LABOR HOURS TOTAL TV CAMERA LABOR HOURS TODAY'S MATERIALS DISPOSAL: DECANT- GALLONS SOLIDS - TONS ' LOCATION: LOCATION: ' C:\Users\DarleneLAppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XRD3W7SQ\RFB #13-107 Appendix A STORM CLEANING DAILY LOG.doc