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AG 13-006RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DN: '�E�'� -�- 2IGINATING STAFF PERSON: j�E'��G J'�tirv�5 EXT: � tZ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ C(�iTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) � �BL1C WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT � SECURITY DOCUMENT �E.G. BOND RELAI'ED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL .�( OTHER 5. PROJECT NAME: ����`..�`.� �A`�i C,�I�l1/1�%�•3C� C�� � V�fX�s ��.i'�'res6R�PT� 6. NAME OF CONTRACTOR: ADDRESS: � E-MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE 7. EXHIBITS AND ATTACHMENTS�SCOPE, WORK OR SERVICES ❑ COMPENSAT[ON L}�INSURANCE REQUIREMENTS/CERTIFICATE �LL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS 1-�-13 ,,..�s^ 8. TERM: COMMENCEMENT DATE� COMPLETION DATE: - 1, pu ' 9. TOTAL COMPENSATION $ ��S� (INCLUDE EXPENSES AND SALES TAX, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 'sIMBURSABLE EXPENSE: � vES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ONTRACTOR � CITY � PURCHASING: PLEASE CHARGE TO: �U-�']'ZDC�" �r'J�' '��1 �J "rJ �-' �+D�D 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR a RISK MANAGEMENT (�F ArrL[caBLE) ❑ Law INITI L/ ATE REVIEWED INITIAL / DATE APPROVED Z (� � ti's' �2 i 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ��/ 12. CONTRACT SIGNATURE ROUTING GZCp�� ❑ SENT TO VENDOR/CONTRACTOR DATE S T: 1Z 21 � TE REC' D: 2� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANC CERTIFICATE, LI ENS S, Ei�HIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (Clvt OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED AG# � '� � (ro� DATE SENT: I r�'7 � I_3 � �' � '�° ,� C� by� Fj�o� G� ��t'.�. o� � "'"' �,�'-ti,n'P� 1 �t-5�tit� �wtr�- �'rt+�5`c,a�ac�lr� �ovcfl GI,T� t? �I� .•�. MacDonald-Miller FACILITY SOLUTIONS ENERGY EFFICIENCY EQUIPMENT INSTALLATION & SERVICES AGREEMENT By and between MacDonald-Miller Facility Solutions and City of Federal Way November 19, 2012 ENERGY EFFICIENCY EQUIPMENT INSTALLATION AND SERVICES AGREEMENT This Energy EfFiciency Equipment Installation and Services Agreement with Exhibits ("Agreement") is made this day of , 2012 by and between MacDonald-Miller Facility Solutions, a Washington company with its principal place of business located at 7717 Detroit Ave SW, Seattle, WA 98106 ("Contractor") and City of Federal Way, a Washington municipal corporation with its principal place of business at 33325 8th Avenue South, Federal Way, WA 98003 ("Customer"). 1. Eauipment. Contractor shall design, engineer, procure, and install, at its own expense, the energy efficiency equipment ("Equipment") as described and specified in Exhibit A. Equipment shall be installed in Customer's facilities specified in Exhibit B(the "Facilities") and at those locations in the Facilities as indicated in Exhibit A. Upon the successful delivery and installation of the Equipment, Customer shall execute and deliver to Contractor an Equipment Acceptance Certificate ("Acceptance Certificate") in the form attached as Exhibit C. 2. Utilitv Incentives. Contractor shall complete and manage the application for all utility incentives (rebates and grants) on behalf of Customer. All utility incentives will be assigned to Customer. Customer agrees to fully cooperate, assist and execute all documents reasonably required to apply for, obtain, and assure assignment of the utility incentives. 3. Reserved 4. ARRA Compliance Reaortina. Contractor shall provide to Customer the required American Recovery and Reinvestment Act ("ARRA") reports and compliance documentation in a timely manner. 5. Customer Pavment Obliaations. Upon execution of the Acceptance Certificate, Customer agrees to pay Contractor in full for the Equipment and all installation costs ("Project Costs"). 6. Reserved 7. Eauinment Oqeration. Customer agrees to operate the Equipment at its own expense. All damage to the Equipment in Customer's possession or control will be charged to and paid by Customer. 8. Eauiqment Installation. Contractor shall be responsible for, and Customer shall use its best efforts to assist Contractor in, obtaining all necessary permits and approvals for installation of the Equipment. Contractor shall coordinate the installation with Customer so as to minimize any disruption of Customer's operations. Contractor will not, however, be responsible or liable for any disruption to Customer's operations. Customer shall not alter, move, add to, or modify the Equipment without the prior written consent of Contractor. Any unforeseen site conditions shall be managed via a change order to this Agreement. Contractor shall present to Customer a Notice of Completion requesting Customer's execution of the Acceptance Certificate, and Customer shall respond within 10 days by providing to Contractor either (a) an executed Acceptance Certificate or (b) a punchlist of items required for completion of the Equipment installation, which punchlist shall indicate Customer's acceptance of items not included on the punchlist. Following Contractor's completion of the punchlist items, a second Notice of Completion will be issued by Contractor, and this process will be repeated until Customer accepts the complete installation of the Equipment. Failure of Customer to respond during this process within the 10-day deadline shall constitute acceptance by Customer. Energy Efficiency Equipment Installation & Services Agreement Page 1 of 6 Exhibit A provides a scope of work narrative for the Equipment to be installed. Prior to beginning the installation, Contractor will provide a milestone schedule for Customer's review. Contractor will provide to Customer interim construction progress reports as construction milestones are achieved. Contractor shall have no responsibility and shall bear no cost regarding hazardous materials found in the Facilities during performance of its work. Customer shall defend, indemnify and hold Contractor harmless regarding any hazardous materials discovered at the facilities. Contractor will, at Customer's request, and acting solely as Customer's agent, assist in arranging for proper disposal of the hazardous materials on behalf of Customer, and all costs of such disposal, including Contractor's reasonable handling fees, will be paid for by Customer. In handling any of Customer's hazardous materials and/or assisting in arranging for disposal of such materials, Contractor shall not take title to such materials and Customer shall sign any hazardous materials shipping manifests. 9. Access. Customer shall provide mutually satisfactory rent-free space for the installation and operation of the Equipment in the Facilities. Customer shall provide free and full access to the Facilities to Contractor and its subcontractors and agents during normal business hours and other reasonable hours as required to install, inspect, adjust, repair, maintain, and, in event of default as defined in Section 12, below, repossess the Equipment. 10. Term end Termination. The Term of this Agreement shall begin with the mutual execution hereof and shall terminate upon payment of all Project Costs by Customer to Contractor. This Agreement is non-cancelable by the Customer, except that the Customer may terminate this Agreement anytime upon payment of all Project Costs by Customer to Contractor. If Customer elects to terminate this Agreement prior to the execution of an Acceptance Certificate, Customer shall be entitled to the Equipment AS I5, WHEREAS, WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES, AND CONTRACTOR SPECIFICALLY DISCLAIMS ANY GUARANTEE OF ENERGY SAVINGS. Customer's obligations under this Agreement are not contingent upon continued operations of the Facilities and shall continue in full force and effect despite the closing or future disposition of the Facilities. Customer's obligation under this Agreement is absolute and unconditional and shall continue without any claim, defense, setoff, counterclaim, reduction, or abatement of any kind whatsoever and regardless of any disability or prevention of Customer to use the Equipment or any part thereof because of any reason whatsoever. 11. Ownership of the Eauiament and the Facilities. Customer shall own the Equipment. The Equipment is, and shall at all times during the term of this Agreement, remain the personal property of Customer. Customer warrants and represents that Customer owns the Facilities. Customer shall notify Contractor one hundred twenty (120) days prior to the sale of the Facilities to a third party and, in the event of such a sale, Customer shall, at Contractor's option, either (a) cause the buyer of the Facilities to assume all Customer's obligations for the remaining term hereunder or (b) pay to Contractor moneys due for all Project Costs. 12. Insurance and Loss or Damaae to the Eauipment. At all times during the term of this Agreement, Customer shall, at its own expense, for the mutual benefit of customer and contractor, obtain and maintain in force from insurance companies reasonably satisfactory to customer (a) commercial general liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate, and (b) a policy or policies of insurance covering the equipment in an amount equal to the full replacement cost of thereof, providing protection against any peril generally included in the classification "All Risks Coverage", which may include insurance against sprinkler damage, vandalism, malicious mischief and earthquake. Customer shall provide Contractor with a letter of insurance coverage. Energy Efficiency Equipment Installation & Services Agreement Page 2 of 6 Customer bears the entire risk of loss or damage to the Equipment, regardless how arising, and Customer shall be fully liable for payment of any deductible payments due under insurance policies maintained pursuant to this Section 11. Customer shall immediately notify Contractor of the occurrence of any loss of or damage to the Equipment. In the event of loss or damage to the Equipment, Customer shall: (a) continue to make Payments; and (b) Customer will, at Customer's option, either (i) replace, at the Customer's sole expense and utilizing the proceeds of any insurance claims associated with such Equipment loss or damage, the damaged Equipment with equipment of equal value and energy efficiency as the Equipment, whereupon such replacement equipment shall be substituted in this Agreement by appropriate endorsement and become a part of the Equipment for the purposes of this Agreement or (ii) pay to Contractor the amount of the full Project Cost. 13. Default and Remedies Upon Default. Each of the following events or conditions shall constitute an "Event of Default" by Customer: (a) Customer's failure to make any payment(s) to Contractor within fifteen days after notice of past due payment; (b) When any representation or warranty furnished by Customer in this Agreement proves to be a misrepresentation or is purposefully misleading in any material respect when made; (c) The institution of any proceeding of bankruptcy or insolvency by or against Customer, appointment of a trustee or receiver for Customer or similar proceedings, or the filing of any execution proceedings against assets of the Customer; or (d) Customer otherwise defaults on any covenant of this Agreement to be perFormed by Customer within 30 days notice after notice of such default. In an Event of Default by Customer, Contractor shall have the right to (a) terminate this Agreement and receive from Customer, and Customer shall be liable to the Contractor for, the full Project Costs, plus all reasonable costs of collection, including but not limited to attorney's fees and court costs, (b) repossess the Equipment, in which case Customer shall provide access to the Facilities during normal business hours for this purpose, and (c) pursue any other remedy at law or equity that Contractor may have at its option. 14. Taxes and Fees. Customer shall be responsible for payment of all federal, state and local taxes, permits and other charges of any kind that are at any time lawfully assessed or levied against or with respect to the Equipment that become due during the Term of this Agreement, shall provide Contractor evidence of any such payments, and shall reimburse Contractor for the same, if Contractor makes such payments during the Term of this Agreement, within fifteen days after Contractor presents to Customer a receipt evidencing such payment. 15. Assi¢nment. Contractor may assign all or any part of its rights herein to any party with notice to and prior consent of Customer. Customer agrees that Contractor's assignee will have the same rights, remedies, and responsibilities that Contractor now has, and Customer agrees that its obligations are in no way altered or relieved by any such assignment. All payments made by Customer to Contractor's assignee shall to the extent thereof discharge the obligations of Customer to Contractor hereunder. Customer agrees to cooperate with Contractor (a) by providing during the term of this Agreement such financial information concerning Customer as reasonably required by Contractor and its assignee(s) to assess the financial condition of Customer and its ability to fulfill its obligations hereunder and (b) in executing such instruments that may reasonably be required for purposes of financing and/or effecting an assignment(s). Any assignee of Contractor's rights may reassign such rights with the same effect as the original assignment. In the event that Contractor ceases business operations, for whatever reasons, Customer agrees to fulfill all its obligations hereunder for the benefit of, including making all payments Energy Efficiency Equipment Installation & Services Agreement Page 3 of 6 due hereunder to, Contractor's assignee(s). Customer agrees not to transfer, sell, sublease, assign, pledge, or encumber the Equipment or any rights under this Agreement without prior written consent of Contractor. 16. Reqresentation and Warranties. Each party represents and warrants to the other that: (a) it has all requisite power, authority, licenses, permits, and franchises, corporate or otherwise, to execute this Agreement and perform its obligations hereunder; and, (b) this Agreement has been duly executed and delivered for it by the signatories so authorized, as evidenced by the Corporate Resolution attached hereto as Exhibit H, and this Agreement constitutes Customer's legally valid and binding obligation. EXCEPT AS EXPRESSLY STATED HEREIN, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 17. Notices. All notices, requests, demands, claims, and other communications shall be in writing, shall be delivered in person or by mail (first class postage pre-paid), overnight delivery service, fax transmission, or receipt-confirmed email and shall be deemed given when delivered in person or, if not delivered in person, when received (or delivery is refused) by the party to whom such notice, request, demand, claim, or other communication is directed, at the following address, email, or fax number (or at such other address or number as a party shall designate by written notice to the other party): If to Contractor: MacDonald-Miller Facility Solutions 7717 Detroit Avenue SW Seattle, WA 98106 attn: Stephen Wilson fax: (206) 768-4051 email: stephen.wilson@macmiller.com With a copy to: MacDonald-Miller Facility Solutions attn: Bob Lyden fax: (206) 768-3995 email: bob.lyden@macmiller.com If to Customer: City of Federal Way 33325 8`h Avenue South Federal Way, WA 98101 attn: Stevelkerd fax: (253) 835-6911 email: steve.ikerd@cityoffederalway.com Each party shall have the right, from time to time, to designate a different address by written notice given in conformity with this Section. 18. Indemnification. The Contractor agrees to release, indemnify, defend, and hold the Customer, 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 acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the Customer's negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW Energy Efficiency Equipment Installation & Services Agreement Page 4 of 6 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 Customer, 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 Customer, 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 Customer's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 19. Miscellaneous. 19.1 Dispute Resolution and Governing Law. In the event a dispute arises under this Agreement, the Parties agree first to try and resolve the dispute between themselves. If they are unable to do so, the Parties agree to submit the dispute to non-binding mediation with a mediator acceptable to both Parties. If the Parties still are unable to resolve the dispute, it shall be finally settled under the Construction Industry Arbitration Rules of the American Arbitration Association ("AAA") by one arbitrator acceptable to both Parties. If the Parties cannot agree on an arbitrator, then one will be appointed in accordance with said Rules with the location of the arbitration hearing in Seattle, Washington. In the event arbitration is necessary to resolve a dispute, in addition to any direct damages, the prevailing party, as determined by the Arbitrator, shall be entitled to recover its reasonable attorneys' fees, costs and AAA costs from the other party. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, without giving effect to its laws on conflicts of law. 19.2 Amendments. This Agreement may not be amended except by the mutual written agreement of the Parties. 19.3 Counterparts and Facsimile. This Agreement may be executed simultaneously in counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. Fax or PDF transmission of any signed original document, and retransmission of any signed fax or PDF transmission, shall be the same as transmission of an original. A Party will confirm signatures transmitted by facsimile or email by signing an original document upon the request of the other Party. 19.4 Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 19.5 Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the Customer and Contractor and supersedes all proposals, oral or written, and all other communications between Customer and Contractor relating to the subject matter of this Agreement. Customer acknowledges and agrees that in entering into this Agreement; Customer is not relying upon any prior or contemporaneous agreements, representations, understandings or promises, oral and/or written, made by Contractor. 19.6 lnformation Provided to Customer. In the event the Contractor has provided Customer with technical data, drawings, specifications, energy savings and report information or other information relating to the Work herein, all such information shall remain confidential to the extent Energy Efficiency Equipment Installation & Services Agreement Page 5 of 6 allowed by law, in addition to the terms of this Agreement, and Customer agrees that such information may not be used on any other Project without the express written consent of Contractor. 19.7 Accident Notification. Customer agrees to immediately notify Contractor of any accidents or injuries involving the Equipment as soon as possible after any such occurrence during and throughout the term of this Agreement. 19.8 Limitations. Notwithstanding any other provisions of this Agreement, Contractor is not liable for any loss, damages or injuries arising from, or in connection with, this Agreement to any persons or property except to the extent caused by the negligence of Contractor. It is specifically agreed that Contractor is not liable for any loss or damage arising out of any one or more of the following: (a) unauthorized alteration or modification of the Equipment by Customer or any third party; (b) overloading or inappropriate use of the Equipment by Customer or third parties; (c) damage to the Equipment by Customer or any third parties; or (d) acts of God, strikes, labor disputes or any other cause beyond the control of Contractor. IN WITNESS WHEREOF, and intending to be legally bound, the parties subscribe their names to this instrument on the date below. MacDo - iller Facil Solutions City of Federal Way BY: TITLE i� ' TITLE: DATE: � (a-.�7 `T, 2� �� DATE: `��h'C�- �S . 'LL� IZ---- Energy Efficiency Equipment Installation & Services Agreement Page 6 of 6 EXHIBITS LIST Exhibit A: Equipment to be Installed Exhibit B: Description & Location of Premises; Pre-Existing Equipment Inventory Exhibit C: Equipment Acceptance Certificate Exhibit D: Reserved - Energy Savings and Reporting Methodology Exhibit E: Reserved - Preventative Maintenance & Energy Management Services Exhibit F: City Council Resolution Exhibit G: Pricing Summary Exhibit H: Davis-Bacon Prevailing Wage Rates Energy Efficiency Equipment Installation & Services Agreement Exhlblts List EXHIBIT A EQUIPMENT TO BE INSTALLED Provide a web-based platform to integrate the existing Johnson UNT Controllers (JCI) and ancillary field devices at the City of Federal Way Community Center. The existing system is vendor proprietary and is extremely energy inefficient. The existing equipment for measurement sensing appear to be out of calibration and, in some cases, contributing to cross zoning. Our recommendation is to install a web- based system infrastructure utilizing today's technology and advanced sequencing methods that will provide accurate and energy efficient control. INCLUSIONS: • Demo existing JCI Metasys front-end controller and associated software. • Integrate to all existing UMC (JCI) field controllers. • Replace or integrate as necessary existing air-handler and all ancillary proprietary or BACnet JCI field controllers with OPEN protocol type I/0 controllers and TRIDIUM JACE AX "O" architecture. • Re-program sequencing, and scheduling with MMFS advanced programming solutions to optimize and enhance systems performance. • Replace existing Metasys control system communication infrastructure with new communication wiring as reauired. • Provide frontend system functional testing of each and every zone and all mechanical equipment to maximize energy savings and system performance. • Program discharge air, and set point resets based on zone demand. • Provide a platinum series dynamic graphical interface via TCP/IP, standard internet connectivity provided by owner. • Prepare documentation to acquire utility funding and submission of necessary documentation. • Tuning of control loops on major subsystems — air handlers, VAV, zone valves. • Performance based Balance �Testing, calibration of all air-handlers. To setup minimum flow coefficients set points. • PerForm re-testing of systems that initially failed to meet desire functional test criteria and were corrected. • Report all systems and/or equipment not meeting desired functional test criteria and make recommendations to the owner regarding resolution of deficiencies such as adding in-line duct- heaters, relocation of diffusers, adding/deleting zones and sensors. • Prepare final PSE field reports and testing to confirm system functionality to ensure maximum utility grant funding is captured. EXCLUSIONS: • Repair or replacement of existing defective equipment or controls not part of specified scope. • All work to be performed during normal business hours unless otherwise noted. • Replacement of belts, sheaves, software upgrades and other mechanical/electrical modifications not included in scope. • Cutting, painting, patching � Owner to provide TCP/IP connection, I/P address. • Washington State Tax Energy Efficiency Equipment Installation and Services Agreement Exhibit A EXHIBIT B DESCRIPTION & LOCATION OF PREMISES: PRE-EXISTING EQUIPMENT INVENTORY Name of Property: Federal Way Community Center Description: Community Center Address: 33190 9`h Ave. S., Federal Way, WA 98003 Property Description: The Federal Way Community Center has 72,000 square feet of conditioned space. ECM-1 will replace the existing controls system and provide performance-based balancing to ensure maximization of energy savings and utility funding. Total conditioned square footage of natatorium/swimming pool area is approximately 15,080 (21%), and the total conditioned square footage of non-swimming pool areas is approximately 56,920 (79%). Description of Equipment: The natatorium portion of the Community Center houses two (2) swimming pools and their surrounding deck surfaces. The lap pool area and deck area is 7,680 square feet and is served by one (1) rooftop air handler unit (AHU-R.1). The leisure pool and deck area is 7,400 square feet and is served by one (1) rooftop air handler unit (AHU-R.2) MAU-R.1 Kitchen RTU-R.3, R.4, Gymnasium R.5 RTU-R.6 Aerobics/Dance studio area RTU-R.7 Weight room and fitness areas RTU-R.8 West building wing, offices, common areas, locker rooms RTU-R.9 Community rooms, classrooms, senior's lounge, common areas RTU-R.10 Climbing wall and hallway area 18 VAV boxes (fan powered with electric re-heat) — heating/cooling distribution throughout all non- swimming pool building areas, boilers and exhaust fans. :• See Preventive Maintenance & Energy Management Services, Exhibit E, for the detailed equipment list. Energy Efficiency Equipment Installation and Services Agreement Exhtbit B EXHIBIT C EQUIPMENT ACCEPTANCE CERTIFICATE I, the undersigned, hereby certify that: (1) I am the duly qualified, authorized and acting on behalf of of (the "Customer"); and, with respect to the Energy Efficiency Equipment Installation and Services Agreement (the "Agreement") dated November 19, 2012 between MacDonald-Miller Facility Solutions ("Contractor") and the Customer; (2) Contractor has completed the installation of the Equipment due to be installed, pursuant to the Agreement and as specified in the Equipment to be Installed attached hereto as Exhibit A, and Customer has inspected and does hereby accept unconditionally the Equipment installation; (3) based on the terms of the Agreement, Customer has paid to Contractor the full the amount owed for the Equipment and all installation costs ("Project Costs"); and (4) with respect to all Equipment installed, the Customer has obtained from a reputable insurance company, qualified to do business in the State of Washington, the insurance coverages as required in Section 11 of the Agreement and as evidenced by the attached certificate of insurance. Dated , 2012 ACCEPTANCE City of Federal Way BY: NAME: TITLE: DATE: Attachments: Exhibit A-- Equipment to be Installed Certificate of Insurance Energy Efficiency Equipment Installation and Services Agreement Exhibk C EXHIBIT D ENERGY SAVINGS & REPORTING METHODOLOGY Reserved Energy Efficiency Equipment Installation and Services Agreement Exhibit D EXHIBIT E PREVENTATIVE MAINTENANCE & ENERGY MANAGEMENT SERVICES Reserved Energy Efficiency Equipment Installation and Services Agreement Exhibit E EXHIBIT F CITY COUNCIL RESOLUTION Reserved Energy Efficienty Equipment Installation and Services Agreement Exhibit F EXHIBIT G PRICING & FINANCIAL SUMMARY Description Price Scope of work per Exhibit A, ECM-1 Controls Integration/Balancing $72,654.00 ECM-1 Field Evaluation ECM-1 M&V/Report Card Total $6,000.00 $82,654.00 Annual Estimated Energy Savings: The annual estimated savings is $25,465.42. The established base year will be from June 2011 to May 2012. The savings are broken out as follows: Natural Gas @ 9% savings equaling 11,495 therms or $12,184.70. Electric Use @ 7% savings equaling 166,009 kWh or $13,280.72. Energy Efficiency Equipment Installation and Services Agreement Exhibit G Exhibit H DAVIS-BACON PREVAILING WAGE RATES General Decision Number: WA120036 10/26/2012 WA36 Superseded General Decision Number: WA20100051 State: Washington Construction Type: Building County: King County in Washington. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 O1/06/2012 1 O1/27/2012 2 02/10/2012 3 03/02/2012 4 03/16/2012 5 03/23/2012 6 04/13/2012 7 04/20/2012 8 04/27/2012 9 06/O1/2012 10 06/08/2012 11 06/29/2012 12 07/06/2012 13 07/20/2012 14 08/03/2012 15 08/24/2012 16 08/31/2012 17 09/28/2012 18 10/26/2012 ASBE0007-002 06/O1/2012 Rates Fringes ASBESTOS WORKER/HEAT & FROST Energy Efficiency Equipment Installation and Services Agreement Exhibit H INSULATOR ........................$ 41.36 BRWA0001-011 06/O 1 /2011 Rates Fringes Bricklayers, Caulkers............$ 34.20 CARP0770-020 06/Ol/2010 Rates CARPENTER (Acoustical Installation) ....................$ 35.55 CARPENTER (Including Formwork, Drywall Hanging, Cabinet Installation; Insulator-Batt and Metal Stud Installation) ....................$ 35.39 MILLWRIGHT............$ 36.39 Fringes 13.08 13.08 13.08 15.45 13.27 PILEDRIVERMAN......$ 35.59 13.08 (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS) Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Seattle Auburn Renton Aberdeen-Hoquiam Ellensburg Centralia Chelan Olympia Bellingham Bremerton Anacortes Shelton Yakima Tacoma Wenatchee Everett Port Angeles Mount Vernon Sunnyside Pt. Townsend Zone Pay: 0 -25 radius miles Free 26-35 radius miles $1.00/hour 36-45 radius miles $1.15/hour 46-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRNER ONLY) Energy Efficiency Equipment Installation and Services Agreement Exhibit H Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay: 0 -25 radius miles Free 26-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour ELEC0046-006 06/O1/2011 Rates Fringes ELECTRICIAN ......................$ 40.79 3%+15.71 ELEC0046-007 03/OS/2012 Rates ELECTRICIAN (Alarm Installation Only) ...............$ 27.28 ELECTRICIAN (Low Voltage Wiring Only) .....................$ 27.28 ELEV0019-005 O1/Ol/2012 Rates Fringes ELEVATOR MECHANIC.... Fringes 10.29 10.29 -------------------- .$ 46.54 23.535+a+b FOOTNOTE: a. Employer contributes 8% of the basic hourly rate for over 5 year's service and 6% of the basic hourly rate for 6 months to 5 years' of service as vacation paid credit. b. Eight paid holidays: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Friday after Thanksgiving and Christmas Day ENGI0302-019 06/O1/2011 Rates Fringes Power equipment operators: Group lA ...................$ 35.79 15.15 Group IAA .................$ 36.36 15.15 Energy Efficiency Equipment Installation and Services Agreement Exhibtt H Group IAAA............$ 36.92 15.15 Group 1 .....................$ 35.24 15.15 Group 2 .....................$ 34.75 15.15 Group 3 .....................$ 34.33 15.15 Group 4 .....................$ 31.97 15.15 POWER EQUII'MENT OPERATORS CLASSIFICATIONS GROUP lAAA - Cranes-over 300 tons, or 300 ft of boom (including jib with attachments) GROUP lAA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments); Excavator/Trackhoe: Over 90 metric tons GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including jib with attachments); Loaders-overhead, 8 yards and over; excavator/Trackhoe: over 50 metric tons to 90 metric tons GROUP 1- Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments); Excavator/Trackhoe: over 30 metric tons to 50 metric tons; Loader- overhead 6 yards to, but not including 8 yaxds; Dozer D-10; Screedman; Scrapers: 45 yards and over; Grader/Blade GROUP 2- Cranes, 20 tons thru 44 tons with attachments; Drilling machine; Excavator/Trackhoe: 15 to 30 metric tons; HorizontaUdirectional drill operator; Loaders-overhead under 6 yards; Crane Oiler-100 Tons and Over; Compactor; Scraper: under 45 tons GROUP 3- Cranes-thru 19 tons with attachments; Dozers-D-9 and under; Motor patrol grader-nonfinishing; Roller-Plant Mix; Crane Oiler under 100 tons; Excavator/Trackhoe: under Energy Efficiency Equipment Installation a�d Services Agreement Exhibit H 15 metric tons; Forklift: 3000 lbs and over with attachments; Service Oiler; Concrete Pump; Outside Hoist (Elevators and Manlifts); Pump Grout GROUP 4- Roller-other than plant mix; Forklift: under 3000 lbs with attachments; Bobcat; Rigger/Bellman IRON0086-010 Ol/O1/2012 Rates Fringes IRONWORKER (Reinforcing, Structural and Ornamental).......$ 37.89 20.10 LABO0001-016 06/O1/2009 ZONE 1: Rates Fringes Laborers: GROUP 2 .....................$ 24.86 9.07 GROUP 3 .....................$ 30.96 9.07 GROUP 4 ..................... $ 31.70 9.07 GROUP 5 .....................$ 32.21 9.07 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $1.00 ZONE3-$130 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1- Projects within 25 radius miles of the respective city hall ZONE 2- More than 25 but less than 45 radius miles from the respective city hall ZONE 3- More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 2: Flagman GROUP 3: General Laborer; Mason Tender-Cement/Concrete; Chipping Gun (under 301bs.); Form Stripping; Roof Tearoff GROUP 4: Chipping Gun (over 301bs.); Concrete Saw Operator; Grade Checker; Gunite; Pipe Layer; Vibrating Plate Energy E�ciency Equipment Installation and Services Agreement Exhibit H GROUP 5: Mason Tender-Brick * PAIN0005-029 07/O1/2012 Rates Fringes DRYWALL FIIVISHER/TAPER........$ 34.18 15.31 PAIN0005-030 07/O1/2010 Rates Fringes Painters: Parking Lot and Highway Striping Only ...............$ 27.74 11.66 ---------------------------------------------------------------- PAIN0005-031 07/O 1 /2012 Rates PAINTER (Including Brush, Roller, Spray and Prep Work).....$ 27.40 PAIN0188-005 07/O1/2012 Rates GLAZIER ..........................$ 38.30 PAIN1238-002 07/O1/2012 Rates SOFT FLOOR LAYER (Including Vinyl and Carpet) ................$ 28.16 PLAS0528-002 07/O1/2012 Rates PLASTERER ........................$ 33.65 Fringes . .. Fringes 14.35 Fringes 13.24 Fringes 14.33 Energy Efficiency Equipment Installation and Services Agreement Exhibit H PLAS0528-004 06/O1/2012 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 35.88 14.25 PLUM0032-009 06/O1/2012 Rates PIPEFITTER .......................$ 48.66 PLiJMBER (Including HVAC Pipe Installation) ....................$ 49.71 REFRIGERATION MECHAIVIC .....................$ 48.66 * ROOF0054-008 06/O1/2012 Rates ROOFER (Includes Roof Tear Off, Waterprooimg, and Installation of Metal Roofs).....$ 31.32 SFWA0699-006 07/O1/2012 Rates SPRINKLER FITTER (Fire Sprinlders) ...................... $ 45.87 SHEE0066-023 O1/Ol/2012 Rates Fringes 17.43 20.68 17.43 Fringes 12.56 Fringes 23.02 Fringes Sheet Metal Worker (Including HVAC Duct Work and Installation of HVAC Systems)....$ 44.44 22.01 Energy Efficiency Equipment Installation and Services Agreement Exhibit H SUWA2009-024 OS/22/2009 Rates LABORER: Driller ................$ 17.17 LABORER: Irrigation .............$ 11.58 LABORER: Landscape ..............$ 9.73 LABORER: Overhead Door Installation .....................$ 22.31 OPERATOR: Backhoe ...............$ 29.95 OPERATOR: Mechanic ..............$ 24.33 ROOFER: Metal Roof ..............$ 24.30 TILE SE'I'T'ER ......................$ 18.72 TRUCK DRIVER: Dump Truck........$ 27.43 Fringes 5.36 0.00 0.00 3.44 7.20 4.33 4.05 3.35 0.00 ---------------------------------------------------------------- * TEAM0174-005 06/29/2012 Rates Fringes Truck drivers: ZONE A: GROUP 2 :...................$ 31.68 16.23 ZONE B(25-45 miles from center of listed cities*): Add $.70 per hour to Zone A rates. ZONE C(over 45 miles from centr of listed cities*): Add $1.00 per hour to Zone A rates. *Zone pay will be calculated from the city center of the following listed cities: BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVLTE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRNERS CLASSIFICATIONS GROUP 2 - Semi-Trailer Truck Energy Efficiency Equipment installation and Services Agreement Exhibit H HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certifcation is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit." LEVEL A: +$.75 per hour - This level utilizes a fullyencapsulated suit with a self-contained breathing apparatus or a supplied air line. WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is union or non-union. Union Identifiers An identifier enclosed in dotted lines beginning with characters other than "SU" denotes that the union classification and rate have found to be prevailing for that classification. Example: PLiJM0198-005 07/O1/201 l. The first four letters , PLUM, indicate the intemational union and the four-digit number, 0198, that follows indicates the local Energy Efficiency Equipment Installation and Services Agreement Exhibit H union number or district council number where applicable , i.e., Pluxnbers Loca10198. The next number, 005 in the example, is an internal nuxnber used in processing the wage determination. The date, 07/O1/2011, following these characters is the effective date of the most current negotiated rate/collective bargauung agreement which would be July 1, 2011 in the above example. Union prevailing wage rates will be updated to reflect any changes in the collective bargaining agreements governing the rate. 0000/9999: weighted union wage rates will be published annually each January. Non-Union Identifiers Classifications listed under an "SU" identifier were derived from survey data by computing average rates and are not union rates; however, the data used in computing these rates may include both union and non-union data. Example: 5ULA2004-007 5/13/2010. SU indicates the rates are not union rates, LA indicates the State of Louisiana; 2004 is the year of the survey; and 007 is an internal number used in producing the wage determination. A 1993 or later date, 5/13/2010, indicates the classifications and rates under that identifier were issued as a General Wage Determination on that date. Survey wage rates will remain in effect and will not change until a new survey is conducted. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage deternunation * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. Energy Efficiency Equipment Installation and Services Agreement Exhibit H With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Adminisirator U.S. Depart�nent of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Energy Efficiency Equipment Instailation and Services Agreement ExhibR H CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND Bond No. 023023848 KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned MacDonald-Miller Facifitv Solutions Inc ("Principal'� and Libertv Mutual Insurance Com�any , the undersigned corporation organized and existing under the laws of the State of Massachusetts � and legally doing business in the State of Washington as a surety ("Surety'�, are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City'� in the penal sum of Eighty Two Thousand Six Hundred Fiftv Four and No/100- --------- Dollars and no/100 ($ 82 654.00 ) for the payment of which we firmiy bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or herea�ter amended or adopted. The Principal has entered into an Agreement with the City dated December 11. 2012 for Onlv such obliQations related to Energy Efficiency EQUipment Installation as described in Exhibit A in the Enerav Efficiencv EQUipment Installation Aqreement for the Federal Wa� Community Center Federal Wav. WA. 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 hold the City, their officials, agents, empfoyees 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 there under 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. The 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 shatl 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 actualfy 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 pay to the City any actual costs which exceed the City estimate, fimited to the bond amount. Shoufd 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 ciispute should arise between the Parties to this Bond with respect to the City`s decfaration of default by the Principal, the Parties agree to participate in at ieast four hours of inediation in accordance with the mediation procedures of United States Arbitration and Mediation ("USA&M'�. The Parties shall proportionateiy share in the cost of tF�e 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. DA7ED this 7th day of March , 2013 . CORPORATE SEAL OF PRINCIPAL: PRINQPAL MacDonald-Miller Facility Solutions, Inc. By• �il(N� W (Name of Person Executing Bond) Its: CF � (Title) 7717 Detroit Ave. S.W. Seattle WA 98106 (Address) (206)763-9400 (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principa) in the within bond; that , S�en_� j�_�who signed the said bond on behalf of the Principal, was C�F C� 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 Sec etary CORPORATE SEAL OF SURETY: SURETY Liberly Mutual Insurance Company By: � �a�rl 7i'I • Attorney-in-Fact (Attach Power of Attorney) Joan M Councilman (Name of Person F�cecuting Bond) 1001 Fourth Ave. . Suite 1300 Seattle. WA 98154 (Address) (206)473-3788 (Phone) AP OVED AS T ORM: � Patricia . chardson, City Attorney THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 5_ This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extern herein stated. Certificate No. American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company Peerless Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmerican Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of Ohio, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, that Peer�ess Insurance Company is a corporation duly organized urider the laws of the State of New Hampshire, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectivety called the "Companies"), pursuant to and by authority herein set foRh, does hereby name, constitute and appoint, JOHN CLAEYS, RONALD J. LANGE, PAMELA A. NELSON, JOANM. COUNCILMAN . ....................................................... .................... ................................................................................................................................................................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ail of the city of s�►rn:e ; shate of �ns�u�7oN each individually if the� be mo[e than one named, its true and lawful attomey-in-fact to make, execute, seal, ac�Cnowledge and deuvver, fw and on its behalf as surety and as its actand deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance af these presents and shall 6e as binding upon the Gompanies as ifi they have been duly signed by the president and atte,sted by the secretary of the Companies in their own proper persons. IN WITNESSIMHEREOF, this PowerofAttomey has been subscribedbyar� authorized oificerorofflcial ofthe Companies and thecorporatesealsoftheCompani� have been affinediheretothis a►d day of Mar . z�nz . � t����a �r,�� �,t� �rea�, ,�,:�s�y, �,su+��� �� n;�����, American Fire and Casualty Company � � .� �� ��, �° � � rQ �� a,� The Ohio Casualty Insurance Company � ���'pf�� � �; ��`'°� �, � ���� �' ,���� � ��'°��F Libedy Mutual Insurance Gompa�y ox � +��� � � �' "" �`" Peerless Insurance Company d 5�A'L � ��.�L �° '� �: � i S�AT, � c m ��°'�z:�°r co�q�� a'�fyi `�`o�'�$a �„n�nc� �'���,�` �G`�'��c� c��'RY West American insurance Company �*' , ay: y '�!„"� R Gregory W. Davenport; Assistant Secretary �" � &TATE OF WASNIN�TON ss � COUNTY 4� K1�1� m�, . . `t,'1 q�. On ihis 3rcr day of eeav , za� before me personally appeared Gregory W. Davenpod, whaacknowledged himseff to be the AssistaM Secretary of Amera�n Fire and p� Casualty Company� Liberky Mutu�f InSUr�r�t�e Cc�mpany, The Ohio Casualty Cnmpany, Peerless Insurance Gompany and West American t�urar�ce Company, and that he, as such, being �� auttrorfzed sa to do, execute the foregoing instrumsnt for fhe putposes therein contained by signing on behalf of the corporations by himself as a duty auttwrized officer. �'� IN INIl'NESS WHEREOF, i have hereunfo subscribed my name and affixed my notarial seaf at Seattle, Washington, on the day and year first above written. ,,, � �,�.a� ��, �� � °��� �° p,� ���'�j�{— � .� �` � �� . . . . .: 'vOTAR'+ . =_� . r+7� . ' f� �'. ;, y ��� F - KD Riley ; N Public N.' � . " �� `':,ou �°� '�� ~ �",C+. , ; 'Ac?c;a�,asHt�'`fi° ���� �� �T�i�s Po�rerofAtt�iney is tnade antl eX�cutesi pUrsp�nt to a�d hy authority of the folCowing 9y-laws and,d'u�iorizadons of Amencan Fi�e and Casualty C�mpany, Tfie Ohie Gasualty�l�urance ��� �� Company, I.ib�dylvlutual Insurance �ompany; WesfAmerican Insurance Company and Pcerless Insurance Comparry, which resolutions are now in fuq forcQ and effect reading as folbws: eo � � m ART1Ck� IkF - OFFI�ERS-Section 12. Prnnrer �Attomey: Any oificer or other oificial af the Coiporation: authorii.ed for that purpose In wdtiing by the Chaimran or the President, and subjeet � c tmsuch Iimi�tion as the Ghairrnan or the President may prescribe, shall appaint such attomeys-in-fact, as may be neeessary to act in behalf of the Corporation to make, exep�te, seal, �� aekrt�w�je and deliuer as surety any and a1}undertakings, bands, recognizartices and other surety obligations: Such attomeys-in-fact, subject to the limitatioru set forth in their respecfive �� powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments antl to attach thereto tlie seal of the Corporation. When so '� � e�cecuted, sach instrume�s shall be as binding as if signed by the President and a4tested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under .� � the pfovisions o# fhis aficle may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. �� ARTICLE XIII — Execution of Ccmtracts — SfCTfON 5. Surety Bonds and Undertakings. Any offic2r of the Company authorized for that pu�pOSe in writing by tlie chairmarror the presideM, , ��. and su6ject to such iimitations as the chairman ortl� presideM may pr�cribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Gomparry to make, ex�ute, seal, adcnowledge and deliVer as surety any �nd all undert8kings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in thea respective pawers of attomey, shall have fiill power ro bind the Company by thei� signafure and execution of any such instruments and to attach thereto the seat of the Company. When so I e�ceeuted such instrument� shall be as binding as if signed by the president and attested by the secretary. Certif`icate of Designatian — The F�eside�t of the Com�rry, acting: pursuant to the Bylaws of the Company, a�ttwrizes: Gregory W. Daverjport, Rssistant Secretary to appoint such attomey-ir►-facT as m8y be necessa[y to act on behalf of fihe:Company % maRe, execute, seal, acknowledge and deliver assurety any and all ur�dertakings, bonds, recognizances and other sOrety ublgations: Aethorization — By ttna[iim0us consent of the Cotn�any s Board of Directors, tfie Company Consents �iat facsimile or mechar�Kxlly reproduced"signahire of any ass�tant seae�ry of the Eor�pany; whe�earer appeanFlg upon a certified wpy ofi any pa�uer of attomey issued by tt�e Gompany in connection wiU� suret�r bonds, shali be val'id antl biding upon tl�e Company with the same force and effect as tho�h manually affixed.: 1, David Nl, Carey, the undeFSigfled; Assistanf 3e.cretary, o# American Fire and Casualty Company, Tkie Ohio Casually Insuranee G9mpany, tiberiy Mutual Insurance Company, West American Inswreai;e Gomparry aMf Peertess Insurance Company do hereby certify fhat the original power of attomey of which the foregoing-is a full, true and correct copy of tl� Powa of Attomey exen,�ted by said Gompanies, is in fulf force �nd effect and has not been revoked. IW TES`F�IdNY WHEREOF;1 have hefeunta set mN hand and affized Nte seals of said:Companies this 7 fih day of Ma�' cl'1 , 2p 13 ��O�A� F��,g . '. ," ��4�Y EN3�� J��'�� �`��URAk��,� �5°( A#R�p�f�� � �avre�r� �y� � �RFOatgpe m: �� � '��p� � �nPVV�Raya, �° �^�eyi� � � � ��, � � s�� � - • ey: p SF.`Ala � ��k:AL a � ss�a � �1 ��. �,� S.�AI, � David M. Carey, Assistant Secretary � �'� ��'-, �.�i "� k� ���� �a�,�"� �'���c� c�`��� �crr c� _ ,. � ��. "eon-�Cc 4MIG, oCie, wiC�s� wn�C � � � � � � � � � � � � � � �. . LhA$,1�873 U37D42 � . � -