AG 13-006 - MACDONALD MILLER FACILITY SOLUTIONSRETURN TO:
EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DN: '�E�'�
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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
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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
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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
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❑ Law
INITI L/ ATE REVIEWED INITIAL / DATE APPROVED
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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
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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
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p SF.`Ala � ��k:AL a � ss�a � �1 ��. �,� S.�AI, � David M. Carey, Assistant Secretary
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