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AG 13-229RETURN TO: - EXT: '�)' I , CITY OF FEDERAL WAY LAW DEPARTMEN'l ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 3. DATE REQ. BY: 2. ORIGINATING STAFF PERSON: _)alt" I I'� ' ✓ J t L EXT: im 5. 6. TYPE OF DOCUMENT (CHECK ONE): )(CONTRACTOR SELECTION DOCUMENT (E.G., FB RFP, RFQ) • PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE Cl RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 2 F.6 )3 PROJECT NAME: Z 0 % '�%A% hh c� k�y�yY!'�y��ra.✓zL � � �74 ev,CL r+ %C- NAME OF CONTRACTOR: 1 - G I 6,45 G. c,, CJNQ -1 _ ADDRESS: CIOI 3 Z3!ik'^ Sttec l S WooJ�; r•., Q `�l7 -j Z E -MAIL: SIGNATURE NAME: _:�O_ t_p I., 6.5 k-L—t 4— FAX: TITLE: 7. EXHIBITS AND ATTACHMENTS: ijk SCOPE, WORK OR SERVICES'a COMPENSATION * INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #11 BL, EXP. 12/31/ UBI # A bd to �`a�, , EXP. �0 / 2�j_j L) 8. TERM: COMMENCEMENT DATE: I J,1 COMPLETION DATE: 1 13I / I LI 9. TOTAL COMPENSATION: $ 1 V1, 1 21 • 3 V (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 14 t W Ll 0,-) -- ZLl U O y 10. DOCUMENT/ CONTRACT REVIEW IA PROJECT MANAGER ❑ DIVISION MANAGER 5t DEPUTY DIRECTOR * DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �!F LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) DATE COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNC IL APPROVAL DATE: 11 h 4l /I 12. CONTRACT SIGNATURE ROUTING Z Cl SENT TO VENDOR/CONTRACTOR DATE SENT: " I -c1 13 DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / ATE SIGNED LAW DEPT SIGNATORY MAYOR OR DIRECTOR) CITY CLERK 4<y —2 ASSIGNED AG # AG# SIGNED COPY RETURNED DATE SENT:�- _)g,RETURN ONE ORIGINAL COMMENTS: EXECUTE `S "ORIGINALS 1/9 AND SPECIFICATIONS FOR 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE RFS #13 -110 City of Federal Way Public Works Department 33325 Eighth A venue South Federal Way, WA 98003 Mailing Address; City of Federal Way Public Works Department 33325 Eighth Avenue South Federal Way, WA 98003 -6325 tic)scAP CONSENT TO ACTION WITHOUT MEETING Written consent to action without meeting of the sole director of Total Landscape Corporation (the "Corporation ") dated this 25th day of November, 2013. BACKGROUND: A. The Corporation is a corporation organized and operating under the laws of the State of Washington. IT WAS RESOLVED THAT: 1. Any one director or officer of the Corporation is authorized to sign all documents and perform such acts as may be necessary or desirable to give effect to the above resolution. The Officers of the Corporation are: Edward J Manickam - President Joseph Haskett - Vice President Brian Adams - Secretary Edward J Manickam - Treasurer Dated in the State of Washington on the 25th day of November, 2013. (Signature) Director Name: F-LO w A" " " I (ALAS I BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE RIFB #13 -110 Bids Accepted Until 10:00 a.m., October 22, 2013 Bids Opened 10:10 a.m., October 22, 2013 AT: City of Federal Way City Council Chambers 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: PUBLIC WORKS DEPARTMENT CITY OF FEDERAL WAY, WASHINGTON City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 2 2013 RFB Ww r 1 1 1 t 1 r TABLE OF CONTENTS PAGE PUBLIC NOTICE — REQUEST FOR BIDS ............................... ..............................4 BIDDER'S CHECKLIST .......................................................... ..............................7 SECTION 1: INSTRUCTIONS TO BIDDERS .......................... ..............................9 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS ..................18 NO BID RESPONSE FORM (Attachment A) ....................... ............................... 24 BIDFORM (Attachment B) ................................................. .............................25 BID SCHEDULE (Attachment C) .......................................... .............................27 BID SIGNATURE PAGE (Attachment D) .............................. .............................30 BID BOND FORM (Attachment E) ....................................... .............................31 SUBCONTRACTOR LIST (Attachment F) ............................. .............................32 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G)............33 CONTRACTOR'S COMPLIANCE STATEMENT (Attachment H) ..........................35 PUBLIC WORKS MAINTENANCE AGREEMENT (Attachment I) .......................36 (with Exhibits A -E and Appendixes as attached) Exhibit A Services Exhibit B Compensation Exhibit C Performance /Payment /Retainage Bond Exhibit D Certificate(s) of Insurance Exhibit E Prevailing Wages and Benefit Code Key (Yellow Pages) APPENDIX A: TECHNICAL REQUIREMENTS ......... ...........................BLUE PAGES APPENDIX B: DETAILS / ANNUAL MAINTENANCE SERVICES...... WHITE PAGES City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 3 2013 RFB r] CITY OF FEDERAL WAY REQUEST FOR BIDS 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE RFB #13 -110 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through October 22, 2013, until 10:00 a.m., at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 10:00 a.m. on said date will not be considered. PRE -BID MEETING: An informational meeting for interested contractors will be held Wednesday, October 9, 2013 at 2:00 p.m. at City Council Chambers, City Hall, 33325 8th Avenue S, Federal Way, Washington, to discuss the work to be performed. All prospective bidders are strongly encouraged to attend. BID OPENING: All bids will be opened and read publicly aloud at 10:10 a.m. on Tuesday, October 22, 2013, at City Council Chambers, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5 %) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: The City of Federal Way, Washington is seeking qualified firms to submit bids to provide right of way landscape maintenance services to the City of Federal Way on an annual basis. These services include provisions of all labor and equipment necessary for the maintenance of Federal Way rights of way including but not limited to the following maintenance tasks: The cost estimate range for this work is $185,000 to $200,000 over a twelve (12) month period. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835 -2526. Any questions concerning the City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 4 2013 RFB 1. Landscape Mowing; 2. Hard Surface Edging; 3. Tree, Shrub, and Vegetation Trimming; 4. Tree Pruning; 5. Application of Herbicides and Fertilizer; and 6. Sidewalk Sweeping The cost estimate range for this work is $185,000 to $200,000 over a twelve (12) month period. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835 -2526. Any questions concerning the City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 4 2013 RFB I description of the work contained in the contract documents must be directed to Gene Greenfield, Street Maintenance Supervisor, by facsimile at (253) 835 -2709, or by letter addressed to Gene Greenfield, Street Maintenance Supervisor, prior to bid opening date. PURCHASE OF BID DOCUMENTS: Bidders may purchase copies of the Bidding Documents (half -size plans) in person, or by mailing a Twenty -Five and no /100 Dollars ($25.00) (non - refundable) check or cashiers' check payable to the City of Federal Way, 33325 8th Avenue South, Federal Way, WA 98003 -6325, phone (253) 835- 2526. If purchasing by mail, please indicate your request for Bidding Documents for RFB #13 -110, 2014 Right of Way Landscape Maintenance. Informational copies of maps, plans, and specifications are available for review at the Public Works Department, Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. Bidding Documents are also available for review at the following Plan Centers: Daily Journal of Commerce, Attn: Plancenter.com, 83 Columbia St, Suite 200, Seattle, WA 98104 Daily Journal of Commerce Project Center, 921 SW Washington St, Suite 210, Portland, OR 97205 McGraw Hill, 200 SW Michigan St, Suite 100A, Seattle, WA 98106 Valley Plan Center, 10002 Aurora Avenue North, #36, PMB 334, Seattle, WA 98133 Reed Construction Data, 30 Technology Parkway South, Suite 500, Norcross, GA 30092 Builders Exchange of Washington, 2607 Wetmore Avenue, Everett, WA 98201 Contractor Plan Center, 14625 SE 82nd Drive, Clackamas, OR 97015 Contractor's Resource Center, 2301 So Jackson Street, Suite 1018, Seattle, WA 98144 Isqft Planroom, 2606 2nd Ave #244, Seattle, WA 98121 oregon- washinaton@isgft.com Cora Inc. Plan Center, 10002 Aurora Ave N #36, PMB 3334, Seattle, WA 98133 The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 20004 to 2000d -4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to insure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. t The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed, effective January 2, 2014. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 5 2013 RFB r RESERVATION OF RIGHTS: The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. Dated the 27th day of September, 2013. Dates of Publication: Daily Journal of Commerce: September 28, 2013 October 5, 2013 Federal Way Mirror: City of Federal Way 2014 ROW Landscape Maintenance Page 6 RFB September 27, 2013 October 4, 2013 RFB # 13 -110 2013 BIDDER'S CHECKLIST 1 The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. 2 Bid (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. Z Bid Schedule (Attachment C) The unit prices shall be set forth in the space provided. Bid Signature Pa ae (Attachment D) The Bid Signature Page shall be filled in and fully executed by the bidder. Bid Bond Form (Attachment E) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5 %) of the total bid amount and shall be shown in both words and figures. Subcontractor List (Attachment F) 1 The Subcontractor List shall be filled in by the bidder. (This section may /may not apply) .� Combined Affidavit and Certification Form (Attachment G) This form must be subscribed to and sworn before a Notary Public and notarized. Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. 21 Contractor's Certificate of Reaistratiion The bidder shall provide a copy of Contractor's current registration with the State of Washington. The bidder shall provide a copy of Contractor's current state unified business identifier ' number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way 2014 ROW Landscape Maintenance Page 7 RFB # 13 -110 2013 Provided to Builders Exchange of WA, Inc. For usage conditions Agreement see www.bxwa.com - Always Verify Scale SUCCESSFUL BIDDER'S CHECKLIST The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ❑ Public Works Maintenance Agreement (Attachment I) The successful bidder will fully execute and deliver to the City the 2014 Right of Way Landscape Maintenance Public Works Maintenance Agreement ("Contract'l from these Bid Documents. ❑ Contractor's Performance /Payment /Retainage Bond (Exhibit C) The successful bidder will fully execute and deliver to the City the Contractor's Retainage Agreement or Retainage Bond. ❑ Certificate of Insurance (Exhibit D) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way 2014 ROW Landscape Maintenance RFB r Page 8 RFB # 13 -110 2013 SECTION 1: INSTRUCTIONS TO BIDDERS 1 1 -1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 10:00 a.m. local time on October 22, 2013, to the Purchasing Office of the City of Federal Way (the "City', located on the second floor of City Hall, or received by US Mail at City of Federal Way, Purchasing Office, 33325 Eighth Avenue S, Federal Way, Washington, 98003 -6325, and will be publicly opened and read aloud in City Hall Council Chambers on October 22, 2013 at 10:10 a.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. M 1 -2 Bid Form Bids shall be made on the "Bid Form ", Attachment "B" issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1 -3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the j name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself /herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1 -4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 9 2013 RFB r 1 1 -5 Modification of Bid A modification of a bid already received will be considered only if the modification is received prior to the time announced for bid opening. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. 1 -6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract documents and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and /or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. 1 -7 Interpretation of Bid and Contract Documents No oral interpretations will be made to any bidder as to the meaning of the bid or contract documents and no oral communications will be binding upon the City. Requests for an interpretation shall be made by facsimile, or by mail and delivered to the Purchasing Coordinator of the City at the address indicated in Section 1 -1, at least ten (10) days before the date announced for opening the bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1 -8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1 -9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 10 2013 RFB 1 taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and /or the total price, the unit price will govern and the extended amount and /or total price will be corrected accordingly. However, downward correction of a bid, which would displace the apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. 1 -10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. 1 -11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and /or responsibility necessary to perform the work after considering the elements in Section 1 -14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and /or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1 -12 Alterations to Documents Prohibited Any addition, Limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1 -13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non - Collusion (Attachment G) with their bids. i City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 11 2013 RFB 1 fl 1 1 1 -14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. B. Responsibility — The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; C. If applicable: L Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of a similar size and scope as required by the contract documents for this project. The City will evaluate whether the projects were "successfully completed" and of a "similar size and scope." C. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. City of Federal Way 2014 ROW Landscape Maintenance RFB Page 12 RFB # 13-110 2013 3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, change orders, and close -out. C. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(2) above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the City's determination by presenting additional information to the City and meeting the requirements of section 1- 20(B). The City will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid — The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 13 2013 RFB 11 L�' 1 -15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and /or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1 -16 Bid Documents Bidders are required to submit with the bid package the following: A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Bid Schedule. D. Attachment D— Bid Signature Page. E. Attachment E— Bid Bond Form. F. Attachment F— Subcontractor List. (May Not Apply) G. Attachment G— Combined Affidavit and Certification Form. H. Attachment H— Contractor's Compliance Statement. 1 -17 Conflicts of Interest and Noncompetitive Practices B submitting a bid the Contractor agrees as follows: Y 9 9 A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and /or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. IB. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 14 2013 RFB 1 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1 -18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5 %) of the Total Bid Price as indicated on Attachment B, "Bid Form ", or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and /or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond ". If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond ". Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. The City urther reserves the right to hold all bids (and the accompanying bid security) from tY 9 the date of the bid opening until the contract and any performance /payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1 -19 Performance/ Payment/ Retainage Bond The bidder to whom the City has awarded this Contract will remove the Performance /Payment /Retainage Bond (Exhibit C) attached to the Public Works Maintenance Agreement and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100 %) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the Sate of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance /Payment/Retainage Bond (Exhibit C) shall in no way affect or alter the liabilities of the Contractor to the City under Section 5 "Indemnification" of the Public Works Maintenance Agreement. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 15 2013 RFB f n 1 L L 1 The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1 -20 Bid Dispute A. Any actual or prospective bidder, including sub - contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way 33325 8th Avenue S Federal Way, Washington 98003 -6325 Attention: Bid Protest - 2014 Right of Way Landscape Maintenance RFB# 13 -110 C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and informing the aggrieved person of his or her right to appeal the decision to the Mayor or his or her designee. A copy of the decision shall be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) calendar days after receipt of the decision to the Mayor or his or her designee. If the decision is appealed, then the subsequent determination of the City of Federal Way 2014 ROW Landscape Maintenance Page 16 RFB RFB # 13 -110 2013 Mayor or his or her designee shall issue within five (5) days of the Mayor's receipt of the appeal and shall be final and conclusive. D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. City of Federal Way 2014 ROW Landscape Maintenance RFB J Page 17 RFB # 13 -110 2013 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 2 -1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's 1 subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Gene Greenfield, Street Maintenance Supervisor. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be submitted to Gene Greenfield, Street Maintenance Supervisor, via fax at (253) 835 -2709. 2 -2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. 2 -3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, 2014 Right of Way Landscape Maintenance Contract, General Contractual Terms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Technical Specifications, Addenda and Contract Amendments, and the 2014 Right of Way Landscape Maintenance Technical Requirements. The contract documents are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2 -4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 18 2013 RFB 1 2 -5 Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. ' If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving ' the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. 2 -6 Work and Materials Omitted The Contractor shall when directed in writing Y City, b the Ci , omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2 -7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2 -8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. ' City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 19 2013 RFB 2 -9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2 -10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. ' 2 -11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other parry. This contract shall be binding upon and inure to the benefit of the ' successors of the parties. 2 -12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2 -13 Hazardous Chemical Communication In order to comply with WAC 296 -62 -054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 20 2013 RFB L� B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. ' 2 -14 Delivery and Liquidated Damages ' Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the ' parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Exhibit A, Services of the Public Works Maintenance Agreement, to compensate for any damages caused by such delay. The City ' may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2 -15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. ' 2 -16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be ' owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. 1 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other ' work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data', shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by Ithem. All such identification details shall be subject to approval by the City prior to printing. ' City of Federal Way 2014 ROW Landscape Maintenance RFB L Page 21 RFB # 13 -110 2013 1 1 1 1 The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2 -17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2 -18 Disputes, Claims and Appeals Questions or claims regarding meaning and intent of the contract or arising from this contract, shall be referred by the Contractor in writing to the Purchasing Coordinator for decision within five (5) days of the date in which the Contractor knows or should know of the question or claim. The Purchasing Coordinator will ordinarily respond to the Contractor in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10"') day following receipt by the Purchasing Coordinator. In the event the Contractor disagrees with any determination or decision of the Purchasing Coordinator, the Contractor shall, within fifteen (15) days of the date of such determination or decision, appeal the determination or decision in writing to the Mayor. Such written notice or appeal shall include all documents and other information necessary to substantiate the appeal. The Mayor will review the appeal and transmit a decision in writing to the Contractor within thirty (30) days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the Purchasing Coordinator within said 15 -day period will constitute a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the Mayor shall be a condition precedent to litigation hereunder. All claims, counterclaims, disputes and other matters in question between the City and the Contractor that are not resolved between the Purchasing Coordinator and the Contractor will be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the City and the Contractor. ' City of Federal Way 2014 ROW Landscape Maintenance RFB Page 22 RFB # 13 -110 2013 I 1 I� r, L 1 1 1 1 This contract shall be interpreted and construed in accordance with the laws of the State of Washington. Pending final decision of the dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the Purchasing Coordinator. Failure to comply precisely with the time deadlines under the paragraph as to any claim, shall operate as a release of that claim and a presumption of prejudice to the City. 2 -19 Recycled Products The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post- consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi- component or multi - material products shall verify the percentage and type of post- consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way 2014 ROW Landscape Maintenance RFB Page 23 RFB # 13 -110 2013 Attachment A ' NO BID RESPONSE FORM When submitting a "No Bid ", mail this completed form to Federal Way Purchasing, 33325 8" ' Avenue South, Federal Way, Washington 98003 -6325. Be sure the form is in a sealed envelope with the bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1 -1. Failure to return this form if not submitting a formal bid may result in your firm being removed from the City's master bidder's mailing list. ' Bid Number: RFB No. 13 -110 Bid Title: 2014 Right of Way Landscape Maintenance ' ❑ Cannot comply with specifications. ❑ Cannot meet delivery requirement. ' ❑ Do not regularly manufacture or sell the a of commodity involved. 9 Y type tY ' ❑ Other (please specify). Explanation of reason(s) checked: Check one of the following: ' ❑ WE DO ' ❑ WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. ' Firm Name: Address: Phone: ' Signature Date Name T e or Print Title ( YP ) ' City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 24 2013 RFB ' Attachment B CITY OF FEDERAL WAY ' 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE BID FORM The City f Federal Way, Washington is seeking qualified firms to submit bids o tY Y. 9 9 q t provide right of way landscape maintenance services to the City of Federal Way on an annual basis. These services ' include provision of all labor and equipment necessary for the maintenance of Federal Way rights of way including but not limited to the following maintenance tasks: ' 1. Landscape Mowing; 2. Hard Surface Edging; 3. Tree, Shrub, and Vegetation Trimming; ' 4. Tree Pruning; S. Application of Herbicides and Fertilizer, and 6. Sidewalk Sweeping ' Bidder: a"� � I i,a sca r o raA,vn • 6.4, 0Z c71 Bate. , 3 r ITEM BID AMOUNT A) Total Annual Cost: Projects #1 through #26 $ 169, 700 plus extra hours (see attached Bid Schedule) B) State Sales Tax at 9.5% /6,o,26.59 TOTAL BID AMOUNT (including Washington State sales tax, all other $ / $ 41 %oZ "7.3 S government taxes, assessments and charges) To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 -6325 Pursuant to and in compliance with your advertisement for bids for construction of 2014 Right of Way Landscape Maintenance, and other documents relating thereto, the undersigned has carefully ' examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of 2014 Right of Way Landscape Maintenance, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, inclusive of Washington State sales ' tax and all other government taxes, assessments and charges as required by law. City of Federal Way 2014 ROW Landscape Maintenance Page 25 RFB- - 1 RFB # 13 -110 2013 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verifv Scale C ' The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5 %) of the total amount bid is attached hereto, which it is agreed ' shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the 2014 Right of Way Landscape Maintenance Public Works Maintenance Agreement and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. ' Bond or Certified Check AA Dollars ($ ) The Bidder shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in ' the bid documents. Receipt of the following Addendums is hereby acknowledged: ' Addendum No. _ Date Issued: ' Addendum No. _ Date Issued: Addendum No. Date Issued: C.Ir .3 11 '-Ta}r.I LGndscalK CarporeJ;ah ' Corporationi - Firm Name (Delete Two) Q TAL.1.0 1.) 1 Bidder's State License No. Signature goo fp � a (J a / / ia.' n4- tMwMee r_ Bidder's State Tax No. Title i 1 ' City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 26 2013 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 o� �s ® U o a gI �3m �'j � r a f 1 N o� �s ® i �'j � 1 Q 4 X 11 O K II O K 11 M NX ! K I h mK 11 11 % f % II N Q N ' A � !j sr 41 4" N 11 K II � % II X 11 K N A k II % 11 x II x N % N 3 0 ! 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For usage Conditions Agreement see www.bxwa.com - Always Verity Scale BID SIGNATURE PAGE 1 Date • The undersigned bidder hereby proposes and agrees to deliver the equipment and /or services pursuant to the 2014 Right of Way landscape Maintenance and comply with all other ' terms and conditions of the contract and bid documents of RFB 13 -110. No bidder may withdraw his /her bid for a period of ninety (90) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an ' amount of not less than five percent (5%) of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. �or(�or�.�ouf� %anal La.�lsc.►oQ CQr�ora }:,,� Corporation; a Company (Delete Two) cs By: %(Signature)i + 1 (Printed Name) Its: Mainly-As ce / %an $e-e- 1 (Title) 11 ' City of Federal Way 2014 ROW Landscape Maintenance 1 Page 30 (,o/3 ,� 3$4 % S +Bce-+ S6 l�i�ool:n >o I W'. 9$07A (Address) -,a 39 - ys5 -.143,5 (Telephone Number) RFB # 13 -110 2013 1roAded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verity Scale IFrom: 10/21/2013 10:04 #423 P.001/001 Attarchment E BID BOND FORM 1 City of Federal Way RFB # 13 -114 2014 ROW Landscape Maintenance Page 31 2013 IProvided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.00m - Always Verify Scale Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in ' the amount of $ . which amount is not less than five percent (5 %) of the total bid. ' BID BOND Total Landscape Corporation KNOW ALL PERSONS BY THESE PRESENTS that we, as Principal, and Merchants Bonding Company (Mutual_ as Surety, are held and firmly bound unto the Oty of Federal Way, as Obligee, in the penal sum of 5% of the total bid proposal and --J100 dollars ($ 5% J, for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, ' by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: ' 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety ' shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 22ncbAY OF October , 20 13 Total Landscape Corporation Prin.B a i .2 Motu Merc}aahts .F3 irsg /0 pahy ( p hn 17 S Mary L. aure , Attorney in fact Date: October 22 , 2013 Received return of deposit in the sum of $ 1 City of Federal Way RFB # 13 -114 2014 ROW Landscape Maintenance Page 31 2013 IProvided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.00m - Always Verify Scale 1 M.ER.0 --LTT� BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, ' INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Deborah Cook; Jessica L Aplin; Mary L Faure'; Rebecca J Wilson ' of Everett and State of WA . their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any ' such instrument shall not exceed the amount of: THREE MILLION, FIVE HUNDRED THOUSAND ($3,500,000.00). DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. 1 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ' The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. 1N• `.G .... •. MERCHANTS BONDING COMPANY (MUTUAL) • O •• PO .O _ �, �Q 9� •y,� ; MERCHANTS NATIONAL BONDING, INC. ZD3 : .;E+ 1933 c; l3 yy�'.�'`'•••...... j:��'r�� ••.26.x'• •' \1d�'• y STATE OF IOWA �'' '�' • • �' • • • • • • President COUNTY OF POLK as. ' On this 2nd day of March 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. ' MARANDA GREENWALT Commission Number 770312 My Commission Expires 01M October 28, 2014 Notary Public, Polk County, Iowa ' STATE OF IOWA, COUNTY OF POLK ss. ' I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixdd the seal of the Companies on this 22nd day Of October 2013 e`r�,a� ,,r0 ryr ,lA� �� j+r • • •• • r fir +� •• Secretary .yi 1 �yy• • VN�}�� •'••�Y POA 0014 (11/11) +s�k'•�••`��:,• . ��' �NIINr1.•rF44h 'f r17 •:{� t.. � . �kk(rurr� "' Secretary ' Attachment F SUBCONTRACTOR LIST ' Prepared in Compliance with RCW 39.30.060 IPROJECT NAME: 2014 Right of Way Landscape Maintenance Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air ' conditioning, plumbing, as described in Chapter 18.106 RCW and electrical as described in Chapter 19.28 RCW, or identify the bidder for the work will result in your bid being non - responsive and therefore void. 1 l Subcontractors that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be named below, or name the bidder for the work. The bidder verifies that each first tier subcontractor, and every subcontractor of any tier that hires other subcontractors, has a current certificate of registration in compliance with chapter 18.27 RCW; a current Washington Unified Business Identifier (UBI) number; has Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; has a Washington Employment Security Department number, as required in Title 50 RCW, if applicable; has a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; has an electrical contractor license, if required by Chapter 19.28 RCW, if applicable; has an elevator contractor license, if required by Chapter 70.87 RCW. The following listed bid items (listed in numerical sequence) for this project have been proposed for subcontracting to subcontractors as indicated. SUBCONTRACTOR NAME ITEM NUMBERS ESTIMATED AMOUNT WMBE QUALIFIED? Y N dable k�io of4, Loo Qo City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 32 2013 Provided to Builders Exchange of WA, Inc. For usage conditions Agreement see www.bxwa.com - Always Verify Scale ' Attachment G City of Federal Way ' COMBINED AFFIDAVIT AND CERTIFICATION FORM Non - Collusion, Anti- Trust, Prevailing Wage (Non - Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment ' NON-COLLUSION AFFIDAVIT ' Being first duly sworn, deposes and says, that he /she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced ' or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself /herself or to any other person any advantage over other Bidder or Bidders; and ' NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION ( USDOT) ' To report bid rigging activities call: 1 -800- 424 -9071 The U.S. Department of Transportation ( USDOT) operates the above toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOrs continuing effort to identify and investigate highway construction contract fraud and ' abuse and is operated under the direction of the USDOT Inspector General. All information will be ? treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI -TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti-trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser ' any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti -trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In ' addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT ' I, the undersigned, having duly sworn, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, workperson, or mechanic employed in the performance of such work, not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my Iknowledge and belief; and City of Federal Way RFB # 13-110 2014 ROW Landscape Maintenance Page 33 2013 I Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale ' DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling ' capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any ' federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it ' has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five -year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality ' Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. ' ? FOR: Non - Collusion Affidavit, Assignment of Anti -Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit, Affidavit Of Eligibility, and Certification of Lawful Employment. 1 G A - ) r, 9A '.. 01 .2 . • tai OF WkS Subscribed and sworn to before me this �2 ! day of _OC +c7 er , 20(o (printed /typed name of notary) ' Notary Public in and for the State of Washington My commission expires: 3 / i /2015 2014 Right of Way Landscape Maintenance RFB #13 -110 Name of Bidder's Firm / /0A0_V1 %19A -*&— Signature of Authorized Representative of Bidder ' City of Federal Way RFB # 13 -110 2014 ROW Landscape . Mr aintenance �a. Page 34 _ 3 4 _ ._...N ,. w.w _... _ .._m 2013 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 Atfadhnrent H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: Cd. .11, �) 013 ' This statement relates to a proposal contract with the City of Federal Way named 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE I am the undersigned bidder or prospective contractor. I represent that: ' I JR have, ❑ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. 1 1 1 7 1c, ) Lrm ndsccp@ Corloofa+: cn Name of Bidder By: Signature Its: e.i A- k- 44 „e,.e arwt eV Title 0013 a 384'' S +(�+ S waod;ny; 1,14Z CA 98�7a Address ' City of Federal Way RFB # 13 -110 2014 ROW Landscape Maintenance Page 35 2013 — _ _ - - -- Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verily Scale CITY OF CITY HALL � Feder 8th Avenue South Federal Way, WA 98003 -6325 1% Federal (253) 835 -7000 www ci"ffederahvW..com Attachment I PUBLIC WORKS MAINTENANCE AGREEMENT FOR 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE This Public Works Maintenance Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and Total Landscape Corporation, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: TOTAL LANDSCAPE CORPORATION I CITY OF FEDERAL WAY: tt, Vice President Gene Greenfield, Street Systems Maintenance Supervisor reet SE 33325 8t' Ave. S. WA 98072 Federal Way, WA 98003 -6325 (253) 835 -2727 (telephone) S5 (telephone) (253) 835 -2709 (facsimile) IThe Parties agree as follows: 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which 'shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2014 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Work "), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction ' of the Mayor or his or her designee. n 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. IPW MAINTENANCE AGREEMENT -36- Rev. 6/2012 1 1 1 1 7 L CITY OF CITY HALL A 33325 1% Federal Feder 8th Avenue South Way Federal Way, WA 98003 -6325 (253) 835 -7000 www cltyoffederatway com 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Prior to the expiration of the term, this Agreement may be terminated immediately with or without cause by the City. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. Payment by the City for the Work will only be made after the Work has been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment ' under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the 'completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. ' 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit "C" and incorporated by this reference, in a dollar 'amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; to insure payment of Contractor's state IPW MAINTENANCE AGREEMENT -37- Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 (253) 835 -70D0 www atyoffederahvay com sales tax; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. ' The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims filed pursuant to RCW 39.08 and RCW 60.28 have been resolved. 15. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the ' City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection 'with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to 'property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its 'officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, 'and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance connection with the performance of the services or work by the employees or subcontractors for the duration of the Agreement occurring prior to such expiration or termination as follows: for liability which may arise from or in Contractor, their agents, representatives, and thereafter with respect to any event IPW MAINTENANCE AGREEMENT -38- Rev. 6/2012 CITY OF CITY HALL 4 33325 8th Avenue South " - .... Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www cltyoffederalwaycom 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant ' to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law ' per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall jnot be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained ' by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the ' City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and 'files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. ' 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, ' PW MAINTENANCE AGREEMENT -39- Rev. 6/2012 CITY OF CITY HALL Alt 33325 8th Avenue South Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederahvaycom to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 1 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may ' provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and 'Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must 'meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such ' PW MAINTENANCE AGREEMENT -40- Rev. 6/2012 ' CITY OF CITY HALL 1% 33325 8th Avenue South No. 'ht Fe d e ra I Way Federal Way, WA 98003 -6325 (253) 835 -7000 www &Wfiederalway com labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as ' Exhibit "E" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. ' 10.4.2 Agreements A 296 - 127 -023 or hereafter amended gr Exceeding One Year. Pursuant to W C , ' the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its ' employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. ' 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of ' Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. '11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of 'interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. ' 12. EOUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental ' or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation IPW MAINTENANCE AGREEMENT -41- Rev. 6/2012 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 -6325 ' (253) 835 -74010 www crtyoffederahvaycom Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. ' 13. GENERAL PROVISIONS. ' 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language ' in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of 'reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 'Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written 'consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action ' or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in 'accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon ' occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not IPW MAINTENANCE AGREEMENT -42- Rev. 6/2012 CITY OF Federal 1 t fl CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cifyoffederahuay com act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] IPW MAINTENANCE AGREEMENT -43- Rev. 6/2012 IIN WITNESS, the Parties execute this Agreement below, effective the last date written below. u U 0 CITY OF FEDERAL WAY By: --,j4 Skip Priest, M yor DATE: 12 1 ( /1 5 TOTAL LANDSCAPE CORPORATION By: -iseph Haskett, Vice President DATE: 12— ATTEST: C", f � City Clerk, Carol McNeillyj CMC APPROVED AS TO FORM: City Attorney, Patricia A Richardson STATE OF WASHINGTON) 'COUNTY OF ) ss. 'On this day personally appeared before me Joseph Haskett, to me known to be the Vice President of Total Landscape that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 'he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. i 1 GIVEN my hand and official seal this /0 day of PEC tM-R , 20W Notary's signature Notary Public State of Washington BRIAN W ADAMS My Appointment Expires May 3. 2014 nam Notary Public in and for the State of Washington. My commission expires 3 L4,4y 20/ 4/ IPW MAINTENANCE AGREEMENT -44- Rev. 6/2012 (This page intentionally left blank) t 1 1 1 1 1 1 1 1 1 1 1 1 1 IPW MAINTENANCE AGREEMENT -45- Rev. 6/2012 L� 1 1 EXHIBIT "A" SERVICES Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary to complete the 2014 Right of Way Landscape Maintenance services, including without limitation, services more specifically described in Appendix A, Technical Requirements, attached hereto and incorporated by this reference ("Services'), in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, "Services" attached as Exhibit A, "Compensation" attached as Exhibit B, Performance /Payment /Retainage Bond attached as Exhibit C, Certificate(s) of Insurance attached as Exhibit D, Prevailing Wages and Benefit Code Key attached as Exhibit E, Technical Requirements attached as Appendix A, Details and Annual Maintenance Services attached as Appendix B, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents', which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. Additional Services. The City may elect to have the Contractor perform additional work or services, in connection with this project, described in Appendix A, attached hereto and incorporated by this reference ("Additional Services'. The Contractor shall not proceed with the Additional Services until so authorized in writing by the City. Payment for all Additional Services performed under his Agreement shall be outlined in Exhibit B, "Compensation ". Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Services shall continue for a twelve (12) month period unless the Contract is terminated earlier by the City. In the event any of the Services are not completed within the time specified by the City, Contractor agrees to pay to the City liquidated damages in the amount set forth below. Liquidated Damages. Time is of the essence of the Agreement and each and all of its provisions in which performance is a factor. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. Where: LIQUIDATED DAMAGES FORMULA LD = 0.15MCA LD = Liquidated damages per working day (rounded to the nearest dollar) MCA = Monthly Contract amount IPW MAINTENANCE AGREEMENT -46- Rev. 6/2012 1 When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and ' liabilities to complete this entire Contract. Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, 'state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. Amendments. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such changes 'shall be in the form of the Contract Amendment and shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Verbal 'amendments shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period 'upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by 'the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, ' services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in ' writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the ""one call" locator system ' before commencing any excavation activities. Air Environment. Contractor shall fully cover any and all loads of loose construction materials including ' without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. ' PW MAINTENANCE AGREEMENT -47- Rev. 6/2012 IEXHIBIT "B" ICOMPENSATION Total Compensation. In return for the Services, the City shall pay the Contractor a total amount not to ' exceed One Hundred Sixty Eight Thousand Seven Hundred and 80/100 Dollars ($168,700.80) and Washington State sales tax equal to Sixteen Thousand Twenty Six and 58/100 Dollars ($16,026.58) for a total of One Hundred Eighty Four Thousand Seven Hundred Twenty Seven and 38/100 Dollars ($184,727.38). 1 I 1 U 1 IPW MAINTENANCE AGREEMENT -48- Rev. 6/2012 ' EXHIBIT "C" CITY OF FEDERAL WAY WAC 53652 PERFORMANCE /PAYMENT/RETAINAGE BOND KNOW ALL PEOPLE BY THESE PRESENTS: ' We., the undersigned Total Landscape Corporation ( "Principal ") and Merchants Bonding Company (Mutualthe undersigned corporation organized and existing under the laws of the State of IA ' 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_ •. Dollars and no /100 (S 1 4,727.38 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. One hundred Eighty Four Thousand Seven Hundred Twenty Seven and 38 /100thsa 13 2014 This obliggaation is entered into an Agreement with the City dated „Derpmt, r , 20— for Right of Way Landscape Maintenance NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the ' Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall pay all applicable state sales tax, and shall hold the City, its officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of ' performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. ' And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby ' waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. ' 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 snake a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not ' complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety ofits – actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall ' PW MAINTENANCE AGREEMENT -49- IProvided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Rev. 6 /2012 pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M"). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this 28 day of November 20 13. CORPORATE SEAL OF PRINCIPAL: PRINCIPAL Total Landscape Co poration gy; (Name of Pettej Executing Bond) Its: �Q�trJ�ry (Title) 6013 238th St SE Woodinville, WA 98072 (Address) 888 -485 -2435 (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that EtW" Ptam►Gkom, who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary ' PW MAINTENANCE AGREEMENT -50- Rev. 612012 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Ahroays Verify Scale CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: Patricia A. Richardson, City Attorney SURETY ny (Mutual) Mary L. Faure' (Name of Person Executing Bond) 3425 Broadway Everett, WA 98201 (Address) 425 - 258 -2300 (Phone) ' PW MAINTENANCE AGREEMENT - 51 - Rev. 612012 ' Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.00m - Always Verify Scale r MERCHANT r BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, r INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, individually, Deborah Cook; Jessica L Aplin; Mary L Faure'; Rebecca J Wilson 1 7 Of Everett and State of WA their true and lawful Attomey -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: THREE MILLION, FIVE HUNDRED THOUSAND ($3,500,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012. I STATE OF IOWA COUNTY OF POLK ss. 2003 f. • 'YY � It .aa`'� G Cp,�•. ;�o.oRPOq ;°9y. •►-:2 -o- o 1933 c • • •fib• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /--f-7 ;5V4- President On this 2nd day of March 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom did r say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 1 1 in Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT " n 461;.4 +F Commission Number 770312 ow My Commission Expires October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 28th day of November 2013 ��a,a�waepNp�,a .•'•G C •••. 1��• .ji r`';�� � • tea: �v � .'� • ZO±J3 1J. : :•� s 3 • may• POA 0014 (11/11) ..... ,.•;JJ0 •.• f{�" �'' \•.• Secretary I COVERAGES TOTAL -1 OP ID: N2 '4` °R °� CERTIFICATE OF LIABILITY INSURANCE DATE 04 /25 /201 YY) 04/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 425-258-2300 Whitfield's United Insurance Fax: 425 - 258 -9363 PO Box 1127/3425 Broadway Everett, WA 98206 Ted Schlatter ONTACT NAME: PHONE FAX (PA No Ext : A/C No): E -MAIL ADDRESS: INSURERS) AFFORDING COVERAGE NAIC # INSURER A: American Economy Ins. Co. 19690 INSURED Total Landscape Corp 6013 238th St SE Woodinville, WA 98072 INSURER B: A INSURER C: Ohio Casualty Insurance Co 24074 INSURER D: Steadfast Insurance Co. 02CE22898610 INSURER E: Rockhill Insurance Company 04/01/2014 PREMISES Ea occurrence INSURER F : MED EXP (Any one person) $ 10,00 r'FRTIFIr'OTF NI IMRFD. DC111101r%U W luneo. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE Crtq of rudest jNay - - - - - -- - - - - - -- -- - -- ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER POLICY EFF MM YYY POLICY EXP MM /DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X X 02CE22898610 04/01/2013 04/01/2014 PREMISES Ea occurrence $ 200,00 MED EXP (Any one person) $ 10,00 PERSONAL 6 ADV INJURY $ 1,000,00 X CHEMICAL APPLICAT GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP /OP AGG $ 2,000,00 POLICY EXI PRO- LOC Pesticide $ Includec AUTOMOBILE LIABILITY COMBINED SIN E LIMIT Ea accident) 1,000,00 X BODILY INJURY (Per person) $ A ANY AUTO X X 02CE22897110 0410112013 04/01/2014 ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ r HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE Peraccident) $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 5,000,00 AGGREGATE $ 5,000,00 C EXCESS LIAB CLAIMS -MADE US055374885 04/01/2013 04/01/2014 DED I X I RETENTION 10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 02CE22898610 A STOP GAP 04/01/2013 04/01/2014 WC STATU• X OTH- ER E.L. EACH ACCIDENT $ 2,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 2,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) City of Federal Way, their agents, representatives and employees are additional insureds as per terms and conditions of forms CG8674 12 07, CG8672 10 02, CC7680 10 02, CO2404 05 09, CG2503 03 97 and CA77100307 attached. 45 day cancellation applies as per CG0224 10 93 attached. M CERTIFICATE HOLDER /IAW -Cl 1 AT!^kl CITYFED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Crtq of rudest jNay - - - - - -- - - - - - -- -- - -- ACCORDANCE WITH THE POLICY PROVISIONS. P O Box 9178 AUTHORIZED REPRESENTATIVE Federal Way, WA 98063 1 ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �I t 1 0 Labe; lVoetl y�c�t. -- REPRINTED FROM THE ARCHIVE. THE ORONAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS -- COMMERCIAL GENERAL LIABILITY CG 86 7412 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT /AGREEMSNT /PERMIT TO PROVIDE ADDITIONAL INSURED STATUS DUTY TO DEFEND Paragraph a. of SECTION I — COVERAGE A and COVERAGES is replaced by the following: a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of 'bodily injury°, 'property damage" or 'personal injury and advertising injury" to which this insurance applies. We will have the right and duty to defend the In- sured against any 'suit" seeking those dam- ages. Our duty to defend begins once you notify us of a (suit" as described in SEC- TION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 2.b. However, we will have no duty to defend the insured against any °quit" seeking damages for 'bodily injury", 'property damage ", or "personal injury or advertising injury" to which this insurance does not apply. We may, at our discretion, Investigate any °occurrence" and settle arty claim or 'suit" that may result. But•. or B or medical expenses under COV- ERAGE C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B. EMPLOYERS LIABILITY The last paragraph of exclusion e. of SECTION I — COVERAGE A is replaced by the following: This exclusion does not apply to liability assumed by the Insured under an "insured contract" ex- cept for that part of a contract or agreement that indemnifies any person or organization for their sole liability. WRONGFUL EVICTION The following exclusion Is added to SECTION I -� COVERAGE B: The wrongful eviction from, wrongful entry into, (1) The amount we will pay for damages is or invasion of the right of private oocuparlcy of a limited as described In SECTION Nl — room, dwelling or premises arising out of any: LIMITS OF INSURANCE; and (1) °property, damage" to the room, dwell- (2) Our do and duty to defend ends when Ing or premises; or we have used up the applicable limit of (2) abodfly injury" sustained through oocu- insurance In the payment of judgments pancy of a room, dwelling or premises, or settlements under COVERAGES A saleeo elld 11e Sekeo 1W a reps) w tredaerke III Sabeo CorponW CG 86 74 12 07 Page 1 of 5 EP AfRMETA212�PRINT001-0113001!}I 1 1 1 u 1 1 t "- REPRINTED FROM THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS I'll ADDITIONAL INSURED — SY WRITTEN CON- TRACT, AGREEMENT OR PERMIT, OR SCHED- ULE The following paragraph is added to SECTION II — WHO IS AN INSURED: 4. Any person or organization shown In the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance Is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the °bodily injury", °property damage ", or "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are held liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an Insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you, (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any 'occurrence" which takes place after the equipment lease expires; (b) This Insurance does not apply to "bodily Injury" or "property damage" arising out of the sole negligence of such person or or- ganization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, This insurance does not apply to "bodily injury", - property damage ", or "personal and advertising injury" arising out of operations performed for the state or municipality; c. The Insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to 'bodily injury", "property damage ", or 'personal and advertising Injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspectioon or engineering services. d. This insurance does not apply to "boll► injury' or "property damage" included within the "products - completed operations hazard ". e. A person's or organization's status as an In- sured under this endorsement ends when your operations for that insured are com- pleted. C No coverage will be provided if, in the ab- sence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault wording to the applicable principles of comparative fault. g. The defense of any claim or 'suit" must be tendered as soon as practicable to all other insurers which potentially provide insurance for such daim or "suit ". h. The Insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract, agreement or permit. NON-OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of SECTION I — COVERAGE A is re- placed by the following: g. "Bodily injury" or 'property damage' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented Pop. 2 of 5 ra*ffiW0oti -01+s4W 1 CQ 86 74 12 07 Pap 3 of 6 EP Af WA242iIM1M-0113MI -I REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTM MAY INCLUDE ADDITIONAL FORMS " or loaned to any insured. Use includes oper- "Property damage" to: ation and `loading or unloading ". (1) Property you own, rent, or occupy, in- This exclusion applies even if the claims ciuding any costs or expenses incurred against any insured allege negligence or by you, or any other person, organiza- other wrongdoing in the supervision, hiring, tion or entity, for repair, replacement, employment, training or monitoring of others enhancement, restoration or mainte- by that insured, if the "occurrence" which nance of such property for any reason, caused the "bodily injury" or "property including prevention of injury to a per - damage" involved the ownership, mainte- son or damage to anther's property; nance, use or entrustment to others of any aircraft, 'auto" or watercraft that is owned {2) Premises you sell, give away or aban- or operated by or rented or loaned to any in- don, if the "property damage" arises out sured. of any part of those premises; This exclusion does not apply to: (3) Property loaned to you; (1) A watercraft while ashore on premises (4) Personal property in the care, custody you own or rent; or control of the insured; (2) A watercraft you do not own that is: (5) That partkular part of real properly on which you or any contractors or sub - (a) Less than 52 feet long; and contractors working directly or Indirectly (b) Not being used to carry persons or on your behalf are performing oper- property for a charge; ations, If the 'properly damage" arises out of those operations, or (3) Parking an 'auto" on, or on the ways (6) That particular part of any property that next to, premises you own or rent, pro- vided the 'auto" is not owned by or must be restored, repaired or replaced because "your work" was incorrectly rented or barred to you or the insured; performed on it. (4) Uability assumed under any "insured contract" for the ownership, mainte- Paragraphs (1), (3) and (4) of this exclusion nance or use of aircraft or watercraft; or do not apply to 'property damage" (other than damage by fire) to premises, including (5) "bodily, Injury" or "property damage" the contents of such premises, rented to arising out of: you. A separate limit of insurance applies to (a) the operation of machinery or Damage To Premises Rented To You as equipment that is attached to, or described In SECTION III — LIMITS OF part of, a land vehicle that would INSURANCE. Paragraph (2) of this exclu- "your ' qualify under the definition of sion does not apply if the premises are "mobile equipment" If it were not work" and were never occupied, rented or subject to a compulsory or financial held for rental by you. responsibility law or other motor ve- Paragraphs (3), (4), (5) and (6) of this exclu- hicle insurance law In the state sion do not apply to liability assumed under where it is licensed or principally a sidetrack agreement. garaged; or Paragraph (6) of this exclusion does not ap- (b) the operation of any of the machin- ply to "property damage" included in the ery or equipment listed in Paragraph 'products- completed operations hazard". E(2) or f.(3) of the definition of " moble equipment". Paragraph 6. of Section NI is replaced by the follow - (6) An aircraft you do not own provided it is ing: not operated by any insured. 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Umft is the most TENANTS' PROPERTY DAMAGE LIABILITY will pay under COVERAGE A for damages be- cause When Damage To Premises Rented To You Limit Is es, while rented ttoo you, oro in ft case of shown In the Declarations, SECTION I — COVER - damage by fire, while rented to you or temporar- AGE A, exclusion j., is replaced by the following: Ily occupied by you with permission of ft owner. 1 CQ 86 74 12 07 Pap 3 of 6 EP Af WA242iIM1M-0113MI -I "" REPRINTEDFROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ­ The Damage To Premises Rented To You Limit is the a. IMily injury" or "property damage" ex- higher of $200,000 or the amount shown in the Dec- pected or intended from the standpoint of the larations as Damage To Premises Rented To You insured. This exclusion does not apply to umit. "bodily injury" or "property damage" result- ing from the use of reasonable force to pro - WHO IS AN INSURED — MANAGERS test persons or property. The following is added to Paragraph 2.a. of SECTION 11 — WHO IS AN INSURED: EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Paragraph 3.a. of SECTION 11 — WHO IS AN IN- SURED is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT The medical expense limit Is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Offense, Claim Or Suit of: Knowledge of an "occurrence", claim or '"suit" by your agent, servant or employee shall not In itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. INSURED CONTRACT The following definition is added to SECTION V — DEFINITIONS, Definition 9. 'insured contract" par- agraph f.: (4) That part of any contract or agree- ment that indemnifies any person or organization for the Indemnitee's sole tort lability. OTHERINSURANCE The first paragraph of Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is replaced with the following: If otter valid and collectible Insurance, or any self -In- sured retention, is available to the Insured for a loss we cover under COVERAGE A or B of this Coverage Part, our obligations are limited as follows: METHOD OF SHARING The second paragraph of 4.c. Method of Sharing of SECTION IV — COMMERCIAL. GENERAL LIABIL- ITY CONDITIONS is replaced with the foiktwing: a. Coverage under this provision is afforded if any of the other Insurance does not permit Contri- only until the end of the policy period. bution by equal shares or is subject to a self- insured retention, we will contribute by limits. Under this EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of Its applicable limit of insurance or self- insured re- Exclusion a. of SECTION I — COVERAGE Ais tention or both combined to the_total applicable limits amended to read: _ _ Pape 4 of 5 AFRME'r*124iaM001 -011SAW Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — BAIL BONDS Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the follow- ing: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — INDEMNITEES AND ADDITIONAL IN- SUREDS Paragraph 21(1) (d) of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND S is replaced by the following: (d) Cooperate with us with respect to coordinating other applicable Insurance and self- insured retention available to the in- ' demnitee: and EMPLOYEES AS INSUREDS — HEALTH CARE SERVICE Paragraph 2.a.(1) d. of SECTION 0 — WHO IS AN INSURED is deleted, unless excluded by separate t1 endorsement. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Paragraph 3.a. of SECTION 11 — WHO IS AN IN- SURED is replaced by the following: INCREASED MEDICAL EXPENSE LIMIT The medical expense limit Is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Offense, Claim Or Suit of: Knowledge of an "occurrence", claim or '"suit" by your agent, servant or employee shall not In itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. INSURED CONTRACT The following definition is added to SECTION V — DEFINITIONS, Definition 9. 'insured contract" par- agraph f.: (4) That part of any contract or agree- ment that indemnifies any person or organization for the Indemnitee's sole tort lability. OTHERINSURANCE The first paragraph of Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is replaced with the following: If otter valid and collectible Insurance, or any self -In- sured retention, is available to the Insured for a loss we cover under COVERAGE A or B of this Coverage Part, our obligations are limited as follows: METHOD OF SHARING The second paragraph of 4.c. Method of Sharing of SECTION IV — COMMERCIAL. GENERAL LIABIL- ITY CONDITIONS is replaced with the foiktwing: a. Coverage under this provision is afforded if any of the other Insurance does not permit Contri- only until the end of the policy period. bution by equal shares or is subject to a self- insured retention, we will contribute by limits. Under this EXTENDED "PROPERTY DAMAGE" method, each insurer's share is based on the ratio of Its applicable limit of insurance or self- insured re- Exclusion a. of SECTION I — COVERAGE Ais tention or both combined to the_total applicable limits amended to read: _ _ Pape 4 of 5 AFRME'r*124iaM001 -011SAW .... REPRINTED FROM THE ARCHNE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" of insurance of all insurers and the amount of any self- insured retention. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you unintentionally fall to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect 1, W 86 74 12 07 our right to collect additional premium or exercise our right of cancellation or non - renewal. LIBERALIZATION CLAUSE The following paragraph is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIONS: 10. If a revision to this Coverage Part, which would provide more coverage with no additional premium, becomes effective during the policy period in the state shown in the Declarations, your policy will automatically provide this addi- donal coverage on ft effective date of the re- vision. Page 5 of 5 EP AM-META242 -PI;r MI-M134M �J " ^REPRHdTEDFROMTHEARCRNE. TNEORIG 'NALTRANSACT1111 MAY INCLUDEADOt MftFORM$ "^ I the CG 86 72 10 02 �orthi �cst. 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS I his endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Parson or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT/AGREEMENT /PERMIT TO PROVIDE COMPLETED OPERATIONS COVERAGE Location and Description of Completed Operations: YOUR WORK ON ALL JOBS AT ALL LOCATIONS FOR THE NAMED PERSON OR ORGANIZATION. Additional Premium: INCL INCL (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended to include as an insured the person or organization shown I" the Schedule, but only to the extent you are held liable due to ynur work" at th* ICCAtinn designated and described in the schedule of this endorsement for that insured and included in the 'product - completed operations hazard ". t 11 ----- __ -_ —_ --- - - - - -- — Includes_CMrighted information of ISO Pro_perdes. ri c., _______ -- 2001 with permission ICG 86 72 10 C2 EP AFPMffA"1 -0RNr=- 1W193•W ' -- REPR1NTEDFROM THEARCHSVE. THEORU,INAL TRAN5AC7IONMAY INCLUDEAODIT{ONALFORMS " Lllwrty i�OClI1VCt`5t. CG 76 8010 82 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REOUIRED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT TO PROVIDE A PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED ENDORSEMENT (If no entry appears above, information required to complete this embreement will be shown In the declarations as applicable to this endorsement) SECTION 11 — WHO IS AN INSURED is amended to include as an additional insured the person or organization shown in the Schedule subject to the following provisions: I. The additional insured is an insured but only for 110"" ty dire dly resulting form- a. your ongoing operations for the additional in- sured whether the work Is performed by you or for you; or b. the general supervision of your ongoing op- erations by the additional insured. 2. This insurance does not apply to: a. "Bodily injury" or 'property damage" arising out of any act or omission of, or for defeats in design fumished by or for, the additional insured or b. "Bodily injury" or "property damage- in- cluded within the "products - completed oper- ations hazard." A person's or organization's status as an additional insured under this endorsement ends when your op- erations for that insured are completed. No coverage will be provided if, In the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- pies of comparative fault. The insurance provided will not exceed the lesser of: a. The coverage and/or limits of this policy, or b. The coverage and/or limits required by the contract, agreement or permit. With respect to the insurance afforded the additional insured, paragraph 4. of SECTION IV — COMMER- CIAL GENERAL UABIL17Y CONDITIONS Is de- leted and replaced by the following: 4. Other Insurance a. This Insurance Is primary and nonoontrib- utory, and our obligations are not affected by any other insurance where the additional in- sured is the Named Insured, whether pri- mary, excess, contingent, or on any other basis; however, the defense of any claim or "suit" must be tendered as soon as pracd- cable to all other insurers which potentially provide insurance for such claim or b. This additional provision apples only to the additional insured shown in the Schedule and the coverage provided by this endorse- ment. GG 76 60 10 02 EP AfPAM01?nNTOD1.1818 YON ^ REPR1NTEDFROM THE ARCHP&. T HE ORIGOM TRANSACT iON MAY iWXUDE ADUITiONAL FORMS — lAwrty COMMERCIAL GENERAL LIABILITY \orihi +c st, CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED BY WRITTEN CONTRACT, AGREEMENT OR PERMIT TO PROVIDE WAIVER OF SUBROGATION Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: we walve any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or CO 24 04 05 00 damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. A Insurance Services Office, Inc., 2008 S*W ands 1n sw o boo ale ffig" d tradlNuft of sabw cop wim EP AFP4AETA2 4I4)RINT001- 12"?5AV " REPRINTED FROM THE ARCHIVE, THE ORONAL TRANSACTION MAY INCLUDE ADDMONAI. FORMS 1; COMMERCIAL GENERAL LIABILITY Na t. CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ' DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: ' COMAERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: ALL DESIGNATED PROJECTS PER CERTIFICATES ON FILE WITH COMPANY (If no entry appears above, information required to complete this endorsement will be shown in the Declarations ' as applicable to this endorsement.) t Ii 1 A. For all sums which the insured becomes legally b. Claims made or "suits" brought; or obligated to pay as damages caused by "occurrences" c. Persons or organizations making claims under COVERAGE A (SECTION or bringing "suits'. 1) and for all medical expenses caused by acd- dents under COVERAGE C (SECTION 1), which 3. Any payments made under COVERAGE A can be attributed only to ongoing operations at a for damages or under COVERAGE C for single designated construction project shown in medical expenses shall reduce the Desig- the Schedule above: nated Construction Project General Aggre- 9. A separate Designated Construction Project gate Limit for that designated construction General Aggregate Limit applies to each de- project. Such payments shall not reduce the signated construction project, and that limit General Aggregate Limn shown in the Dec - is equal to the amount of the General Ag- larations nor shall they reduce any other De- gregate Limit shown in the Declarations. signated Construction Project General Aggregate Limit for any other designated 2. The Designated Construction Project Gen- construction proejct shown In the Schedule eral Aggregate Limit is the most we will pay above. for the sum of all damages under COVER- 4. The limits shown in the Declarations for AGE A, except damages because of 'bodily Each Occurrence, Fire Damage and Medical injury" or "property damage" included in the 'products- Expense continue to apply. However, instead completed operations hazard ", and for medical expenses under COVER- of being subject to the General Aggregate AGE C regardless of the number of: Limit shown in the Declarations, such limits will be subject to the applicable Designated a. Insureds; Construction Project General Aggregate Limit. t03 25 03 03 97 Pop I d 2 EP AFP- TA2- 12- FliWTOyI -W *W174 �I 1-1 1 t 1 1 1 " REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTHFI MAY INCLUDE ADDITIONAL FORMS B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by acci- dents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown In the Schedule above: 9. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. C. When coverage for liability arising out of the °products- completed operations hazard" is pro- vided, any payments for damages because of °bodily injury" or "propery damage" included in the "products- cornpleted operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed or abandoned and then restarted, or If the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION W) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 d 2 AFRAErA2.1241ARJ SDW13C018d —REPRINTED FROM THE FORMS LIBRARY" COMMERCIAL AUTO CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED 1 ICA 11 10 11 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 6 EP Paragraph 2.b. of the CANCELLATION Common SECTION II — LIABILITY COVERAGE — A.1. WHO Policy Condition is replaced by the following: IS AN INSURED provision is amended by the addition of the following: b. 60 days before the effective date of cancellation ' if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an 'insured contract" to provide insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL ance is an `insured ", subject to the following 1 DAMAGE COVERAGE additional provisions: (1) The "insured contract" must be in effect Under paragraph C. CERTAIN TRAILERS, MO- during the policy period shown in the Decla- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE rations, and must have been executed prior AUTOS of SECTION 1 — COVERED AUTOS, the to the 'bodily injury or 'property damage". 1 following is added: (2) This person or organization is an "insured" If Physical Damage coverage is provided by this Cov- only to the extent you are liable due to your erage Form, then you have coverage for: ongoing operations for that insured, whether the work is performed by you or for you, and Any "auto" you do not own while used with the per- only to the extent you are held liable for an mission of its owner as a temporary substitute for a "accident" occurring while a covered "auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of its breakdown, repair, servicing, "loss" or ployees. destruction. (3) There is no coverage provided to this person or organization for `bodily injury" to its em- ' BROAD FORM NAMED INSURED ployees, nor for "property damage" to its property. SECTION II — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition (4) Coverage for this person or organization ' of the following: shall be limited to the extent of your negli- gence or fault according to the applicable d. Any business entity newly acquired or formed by principles of comparative negligence or fault. you during the policy period provided you own " (5) The defense of any claim or "suit must be 50% or more of the business entity and the tendered by this person or organization as business entity is not separately insured for Business Auto Coverage. Coverage is extended soon as practicable to all other insurers up to a maximum of 180 days following acquisi- which potentially provide insurance for such "suit ' tion or formation of the business entity. Coverage claim or ". under this provision is afforded only until the end r of the policy period. 1 ICA 11 10 11 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Page 1 of 6 EP 1 1 1 1 1 1 1 1 1 1 1 1 1 1 " REPRINTED FROM THE FORMS LIBRARY • (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: (a) The coverage and /or limits of this policy; or (b) The coverage and/or limits required by the 'insured contract ". (T) A person's or organization's status as an 'Insured" under this subparagraph d ends when your operations for that `Insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. is added as follows: Your "employee" while using his owned "auto ", or an "auto" owned by a member of his or her household, in your business or your personal affairs, provided you do not own, hire or borrow that "auto ". This coverage is excess to any other collectible insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily injury" or `property damage" on behalf of the persons or organizations added as `insureds" under Section II —LIABILITY COVERAGE — A.I.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that is involved in a covered loss ", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered loss ", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add`. 5. We will pay for the expense of returning a stolen covered "auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any insurance or warranties pur- chased; The first sentence of paragraph A.4. of SECTION III b. The purchase price, as negotiated by us, of — PHYSICAL DAMAGE COVERAGE is amended as a new vehicle of the same make, model and follows: equipment, not including any furnishings, parts or equipment not installed by the We will pay up to $50 per day to a maximum of manufacturer or manufacturer's dealership. $1,500 for temporary transportation expense incurred If the same model is not available pay the by you because of the total theft of a covered "auto" purchase price of the most similar model of _the private passenger _ available; IPage 2 of 6 " REPRINTED FROM THE FORMS LIBRARY • c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION III — PHYSICAL DAMAGE COV- ERAGE, if two or more "company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. If the applicable Business Auto deduct- ible is not the smaller (or smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company e. First National Insurance Company of America f. American States Insurance Company of Texas g. American States Preferred Insurance Company h. Safeco Insurance Company of Illinois LOAWLEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: a. Actual cash value of the damaged or stolen property as of the time of the 'loss ", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the 'loss ", less any one or all of the following adjustments: (1) Overdue payment and financial penalties associated with those payments as of the date of the "loss ". (2) Financial penalties imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5) Final payment due under a °Balloon Loan". (6) The dollar amount of any un- repaired damage that occurred prior to the "total loss" of a covered "auto ". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto ". (9) Any amount representing taxes. (10) Loan or lease termination fees GLASS REPAIR — WAIVER OF DEDUCTIBLE Under paragraph D. — DEDUCTIBLE of SECTION 111 — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" in any one ___ The-_ rsstuiremeni -jn_10SS- _- OQAIDITIObt-- 9 a ------ - - - - -_ "accldent7 is the greater-of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a $1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an ICA 71 10 03 07 Page 3 of 6 EP 1 —REPRINTED FROM THE FORMS LIBRARY"" "accident" applies only when the "accident" is known deductible and excess provisions, we will provide to: coverage equal to the broadest coverage applicable (1) You, if you are an individual; to any covered "auto" you own. (2) A partner, if you are a partnership; or (3) An executive officer or insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV — BUSINESS AUTO CONDITIONS — B.2. is amended by the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under Section IV — Business Conditions, Paragraph B.7.b.e(1) is replaced by the following: (1) The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this ' Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. ' The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger - _.____ - - - - -- or- light- truck -type - for -that coverag4+tired- -Auto -Phy- sical Damage coverage is excess over any other col- ' lectible insurance. Subject to the above limit, HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired "auto" if it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" be- cause of a covered `loss" to a covered "auto ". Payment applies in addition to the otherwise ap- plicable amount of each coverage you have on a covered "auto ". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the `loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". if "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: I. Necessary and actual expenses incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. IPage 4 of 6 above does not apply to a covered "auto" that is described or designated as a covered "auto" on Rental Reimbursement CA 99 23. - REPRINTED FROM THE FORMS LIBRARY- Coverage Form AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in the covered "auto" at the time of the loss" or the equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the loss ", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered 'auto ". 2. We will pay with respect to a covered "auto" for "loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 is attached to this policy, then the Audio, Vi- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE is replaced by the following: 1. The most we will pay for loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depreciation and physical condition will be made in determining actual cash value at the time of the loss ". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a loss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. If loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a "loss" to the covered "auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our a. an integral part of the same unit housing obligation to pay for, repair, return or replace any sound reproducing equipment de- damaged or stolen property will be reduced signed solely for the reproduction of by a $100 deductible. sound if the sound reproducing 3, If "loss" occurs solely to the audio, visual or equipment is permanently installed in _ data electronic _-_ ui ment or accessories ____ -- - - -- -- — the - covered- auto",- and -- - - -- -- -- - -- — used with this equipment, then for each cov- ' b. 'permanently installed in the opening of ered "auto" our obligation to pay for, repair, the dash or console normally used by ICA 71 10 03 07 Page 5 of 6 EP " REPRINTED FROM THE FORMS LIBRARY • return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. In no event will more than one deductible apply. SECTION V — DEFINITIONS is amended by adding the following: Q. "Personal effects" means your tangible property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle" means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Page 6 of 6 ' Libert — REPRINTED FROM THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ^" COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. I EARLIER NOTICE OF CANCELLATION PROVIDED BY US ' This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART ' POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART ' SCHEDULE Number of Days Notice: 45 ' (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice ' of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, Is Increased to the number of days shown in the i Schedule above. Copyright, Insurance Services Office, Inc., 1992 03 M 24 10 93 EP AFP4XTA2- ffi*RINTW- 0088-0077 -T E ,X�i b;t 5 Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 10/22/2013 County Trade Job Classification Wa a Holiday Overtime Note King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $62.34 IN j King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer- Caulker - Cleaner $50.12 5A 1M King Building Service Employees Janitor $20.59 5J ZF King Buildine Service Employees Traveling Waxer /Shampooer $21.00 5S 2F King Building Service Employees Window Cleaner (Non - Scaffold) $24.29 5—S 2F King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5 1M King Carpenters Bridge, Dock And Wharf Carpenters $50.82 5D 1M King Carpenters Carpenter $50.82 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50.82 5D M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers Et Tenders Diver $100.28 5D 1M BA King Divers £t Tenders Diver On Standby $56.68 5D 1M King Divers £t Tenders Diver Tender $52.23 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator $52.23 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator Tender $48.67 5A iD King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Deckhand) $52.58 5D 3F https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 9/24/2013 1 J J 1 E C 1 t �1 1 0 Page 2 of 17 King Dredge Workers Boatmen $52.301 5D 3F King Dredge Workers Engineer Welder $54.04 5D 3F King Dredge Workers Leverman, Hydraulic $55.17 5D LF King Dredge Workers Mates $52.30 5D 3F King Dredge Workers Oiler $52.58 5D L King Drywall Applicator Journey Level $50.82 5D 1H King Drywatt Tapers Journey Level $49.79 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1 E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7CN King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7L 2W King Electricians - Inside Construction Stock Person $34.19 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shoe Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $66.43 5A 4A King Electricians - Powerline Construction Certified Line Welder $60.75 5A 4A King Electricians - Powerline Construction Groundperson $42.36 5A 4A King Electricians - Powerline Construction Heavy Line Equipment Operator $60.75 5A 4A King Electricians - Powerline Construction Journey Level Lineperson $60.75 5A 4A King Electricians - Powerline Construction Line Equipment Operator $51.05 5A 4A King Electricians - Powerline Construction Pole Sprayer $60.75 5A 4A King Electricians - Powerline Construction Powderperson $45.39 5A 4A King Electronic Technicians Journey Level $31.001 1 King Elevator Constructors Mechanic $77.70 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete Products All Classifications - In- Factory Work Only $14.60 5B 2K King Fence Erectors Fence Erector $15.18 1 King Etagggrs Journey Level $35.34 7A 2Y King Glaziers Journey Level $53.76 7L 1Y King Heat Et Frost Insulators And Journeyman $58.93 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1E King Hod Carriers Et Mason Tenders Journey Level . $42.99 7A 2Y King lindustriat Power Vacuum liourney Level $9.241 1 1 I https: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .aspx 9/24/2013 g g pp g p 1 1 1 C� 1 1 r 1 1 C C Page 3 of 17 Ihttps:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 9/24/2013 Cleaner King Inland Boatmen Boat Operator $52.51 5B 1 K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $49.13 5B 1K King Inland Boatmen Deckhand Engineer $50.12 5B 1K King Inland Boatmen Launch Operator $51.34 5B 1K King Inland Boatmen Mate $51.34 5B 1 K King Inspection /Cleaning /Sealing Of Cleaner Operator, Foamer Operator $31.49 1 Sewer £t Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Grout Truck Operator $11.48 1 Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Seating Of Head Operator $24.91 1 Sewer £t Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Technician $19.33 1 Sewer £t Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 King Laborers Air, Gas Or Electric Vibrating Screed $41.69 7A 2Y King Laborers Airtrac Drill Operator $42.99 7A 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.69 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper - paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 2Y King Laborers Chipping Gun(30 Lbs. And Over) $42.46 7A 2Y King Laborers Choker Setter $41.69 7A 2Y King Laborers Chuck Tender $41.69 7A 2Y King Laborers Clary Power Spreader $42.46 7A 2Y King Laborers Clean -up Laborer $41.69 7A 2Y King Laborers Concrete Dumper /chute 1 $42.46 7A 2Y Ihttps:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 9/24/2013 1 u 0 i7 J 1 Page 4 of 17 i/w 1 ku / rvW x 9/24/2013 https: / /fortress.wa.gov /lm age oo p p agelookup.asp Operator King Laborers Concrete Form Stripper $41.69 7A 2Y King Laborers Concrete Placement Crew $42.46 7A 2Y King Laborers Concrete Saw Operator /core Driller $42.46 7A 2Y King Laborers Crusher Feeder $35.34 7A 2Y King Laborers Curing Laborer $41.69 7A 2Y King Laborers Demolition: Wrecking ft Moving (incl. Charred Material) $41.69 7A 2Y King Laborers Ditch Digger $41.69 7A 2Y King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator (hydraulic, diamond) $42.46 7A 2Y King Laborers Dry Stack Walls $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A 2Y King Laborers Faller it Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y King Laborers Firewatch $35.34 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker ft Transit Person $42.99 7A 2Y King Laborers Grinders $41.69 7A _2Y King Laborers Grout Machine Tender $41.69 7A 2Y King Laborers Groutmen (pressure)including Post Tension Beams $42.46 7A 2Y King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level A) $42.99 7A 2Y King Laborers Hazardous Waste Worker (level $42.46 7A 2Y King Laborers Hazardous Waste Worker (level C) $41.69 7A 2Y King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A King Lghorers Manhole Builder - mudman $42.46 7A King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman -dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air £t Water On Concrete 8 $42.46 7A 2Y i/w 1 ku / rvW x 9/24/2013 https: / /fortress.wa.gov /lm age oo p p agelookup.asp 0 Page 5 of 17 I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P Rock, Sandblast, Gunite, Shotcrete, Water Bta King Laborers Pavement Breaker $42.46 7A 2Y King Laborers Pilot Car $35.34 7A 2Y King L orers Pipe Layer Lead $42.99 7A King Laborers Pipe Layer /tailor $42.46 7A 2Y King Laborers Pipe Pot Tender $42.46 7A 2Y King Laborers Pipe Reliner $42.46 7A 2Y King Laborers Pipe Wrapper $42.46 7A 2 King Laborers Pot Tender $41.69 7A 2Y King Laborers Powderman $42.99 7A 2Y King Laborers Powderman's Helper $41.69 7A 2Y King Laborers Power Jacks $42.46 7A 2Y King Laborers Railroad Spike Puller - Power $42.46 7A 2Y King Laborers Raker - Asphalt $42.99 7A 2Y King Laborers Re- timberman $42.99 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger /signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2 King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.46 7A 2Y King Laborers Scaffold Erector $41.69 7A 2 King Laborers Scale Person $41.69 7A 2Y King Laborers Sloper (over 20 ") $42.46 7A 2Y King Laborers Stoper Sprayer $41.69 7A 2Y King Laborers Spreader (concrete) $42.46 7A 2Y King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2 King Laborers Tamper £t Similar Electric, Air £t Gas Operated Tools $42.46 7A 2Y King Laborers Tamper (multiple Et Self- propelled) $42.46 7A 2Y King Laborers Timber Person - Sewer (lagger, Shorer Et Cribber) $42.46 7A 2Y King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.69 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y 8R King Laborers Traffic Control Supervisor $37.79 7A 2Y 8R King La orers Truck Spotter $41.69 7A 2 King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work - Compressed Air Worker 0 -30 psi $60.06 7A 2Y 8� King Laborers Tunnel Work- Compressed Air $65.09 7A 2Y 8M I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P I 1 Page 6 of 17 I htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P Worker 30.01 -44.00 psi King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $68.77 7A 2Y 8S King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $74.47 7A 2Y 8� King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $76.59 7A 2Y 8Q King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $81.69 7A 2Y 8Q King Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $83.59 7A 2Y 88 King Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $85.59 7A 1H S King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $87.59 7A 1H 88 King Laborers Tunnel Work -Guage and Lock Tender $43.09 7A 2Y 8Q King Laborers Tunnel Work -Miner $43.09 7A 2Y King Laborers Vibrator $42.46 7A Ey King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer /cleaner $32.12 7A 2Y King Laborers - Underground Sewer General Laborer £t Topman $41.69 7A 2Y Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 2Y 8 Water King Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shops Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shops Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 I htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P 0 1 1 i 11 1 Page 7 of 17 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.64 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 7g 1R King Playground £t Park Equipment Journey Level $9.19 1 Installers King Plumbers it Pipgfitters Journey Level $72.69 1 , King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.22 7A E 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $53.00 7A 8P King Power Equipment Operators Bobcat $50.22 7A 3—C 8P King Power Equipment Operators Brokk - Remote Demolition Equipment $50.22 7A 3C 8P King Power Equipment Operators Brooms $50.22 7A 3C 8P King Power Equipment Operators Bump Cutter $53.00 7A 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $53.49 7A 3C 8P King Power Equipment Operators Concrete Finish Machine -laser Screed $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $52.58 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $53.00 7A 3C 8P King Power Equipment Operators Conveyors $52.58 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $53.00 7A 3C 8P King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $54.04 7A 3C 8P King Power Equipment Operators Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $54.61 7A 3C 8P King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $53.49 7A 3C 8P King Power Equipment Operators Cranes: A -frame - 10 Tons And Under $50.22 7A 3C 8P I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P 1 1 1 Page 8 of 17 King Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $54.61 7A 3C 8P King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $55.17 7A 3C 8P King Power Equipment Operators Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $52.58 7A 3—C 8P King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer /deck Winches (power) $53.00 7A 3C $P King Power Equipment Operators Derricks, On Building Work $53.49 7A E BEP King Power Equipment Operators Dozers D -9 Et Under $52.58 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $52.58 7A 3—C 8P King Power Equipment Operators Drilling Machine $53.00 7A 3C 8P King Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $50.22 7A 3C 8P King Power Equipment Operators Finishing Machine, Bidwell And Gamaco lit Similar Equipment $53.00 7A 3C 8P King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $52.58 7A 3C 8P King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $50.22 7A 3C 8P King Power Eauipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $53.00 7A 3C 8P King Power Equipment Operators Gradechecker /stakeman $50.22 7A 3C $P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $53.49 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $53.00 7A 3C 8P King Power Equipment Operators Horizontal /directional Drill Locator $52.58 7A 3C 8P King Power Equipment Operators Horizontal/ directional Drill Operator $53.00 7A 8P King Power Equipment Operators Hydralifts /boom Trucks Over 10 Tons $52.58 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks, 10 Tons And Under $50.22 7A 3C $P King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $54.04 7A 3C 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $53.49 7A 3C 8P King Power Equipment Operators Loaders, Overhead Under 6 Yards $53.00 7A 3C 8P I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P 1 i n Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.001 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $54.04 7A 3C 8P King Power Equipment Operators Motor Patrol Grader - Non- finishing $52.58 7A 3C 8P King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $53.49 7A 3C 8P King Power Equipment Operators Oil Distributors, Blower Distribution 8 Mulch Seeding Operator $50.22 7A 3C IT King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $52.58 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $53.00 7A 3C 8P King Power.Equipment Operators Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A E King Power Equipment O erp ators Pavement Breaker $50.221 7A �P King Power Equipment Operators Pile Driver (other Than Crane Mount) $53.00 7A 3C 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King Power EJc uipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P King Power Equipment Operators Power Plant $50.22 7A 3C 8P King Power Equipment Operators Pumps - Water $50.22 7A E 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $50.22 7A 8C 12 King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $53.49 7A 3C 8P King Power Equipment Operators Rigger And Bellman $50.22 7A 8C. 8P King Power Equipment Operators Rollagon $53.491 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A X $P King Power Equipment Operators Roller, Plant Mix Or Multi -lift Materials $52.58 7A 3C 8P King Power Equipment 0 e� rators Roto -mill, Roto - grinder $53.00 7A 3C BE King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $53.00 7A 3C BEP King Power Equipment Operators Scrapers - Concrete It Carry All $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self - propelled: 45 $53.49 7A 3C 8P I htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P 0 i 1 Page 10 of 17 I htt s: / /fortress.wa. ov /lni /wa elooku / rvW x 9/24/2013 p g g p p agelookup.asp Yards And Over King Power Equipment Operators Service Engineers - Equipment $52.58 7A X 8P King Power Equipment Operators Shotcrete /gunite Equipment $50.22 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $53.00 7A 3L 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $54.61 7A 3C 8P King Power Equipment Operators Slipform Pavers $53.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider ft Screedman $53.49 7A X 8P King Power Equipment Operators Subgrader Trimmer $53.00 7A 3 3P King Power Equipment Operators Tower Bucket Elevators $52.58 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in Height, Base To Boom $54.61 7A 3C 8P King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $54.04 7A 3C 8P King Power Equipment Operators Transporters, All Track Or Truck Type $53.49 7A 3C 8P King Power Equipment Operators Trenching Machines $52.58 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver Under 100 Tons $52.58 7A 3C 8P King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 8P King Power Equipment Operators Welder $53.491 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3—C 8P King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer lit Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A $P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer ft Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brooms $50.22 7A 3C 8P Underground Sewer Et Water I htt s: / /fortress.wa. ov /lni /wa elooku / rvW x 9/24/2013 p g g p p agelookup.asp rj 1 1 1 i Page 12 of 17 I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g p P Underground Sewer Et Water King Power Equipment Operators- Dozers D -9 Et Under $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck Or Crane Mount $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drilling Machine $53.00 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Finishing Machine, Bidwell And Gamaco Et Similar Equipment $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklift: 3000 Lbs And Over With Attachments $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklifts: Under 3000 Lbs. With Attachments $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Gradechecker /stakeman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $53.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal /directional Drill Locator $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal /directional Drill Operator $53.00 7A 3C $P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks Over 10 Tons $52.58 7A 3C i3P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks, 10 Tons And Under $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $53.49 7A 3C AP Underground Sewer Et Water King Power Equipment Operators- Loaders, Overhead Under 6 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $52.58 7A 34 $P Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen $54.04 7A 3C 8P I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g p P I11 u Ll 1 rl 1 Page 13 of 17 I htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader - Non- finishing $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer l-t Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $53.00 7A 3C 8P Underground Sewer It Water King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $53.00 7A 3C 8P Underground Sewer I't Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer l3 Water King Power Equipment Operators- Pumps - Water $50.22 7A 3L $P Underground Sewer l-t Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $50.22 7A 3S SP Underground Sewer Et Water King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger And Bellman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $53.49 7A 3C SP Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water Roller, Plant Mix Or Multi -lift Materials $52.58 7A 3C 8P King Power Equipment Operators- Roto -mill, Roto - grinder $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P I htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P P r] I 1 r u Id Page 14 of 17 S htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 p g g PP g P P Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self - propelled: 45 Yards And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete /gunite Equipment $50.22 7A 3C 8P Underground Sewer It Water King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $53.00 7A 3C 3P Underground Sewer ft Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Slipform Pavers $53.49 7A ,3C 3P Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et Screedman $53.49 7A 3C 8PP Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $53.00 7A ,3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Over 175'in Height, Base To Boom $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Transporters, All Track Or Truck Type $53.49 7A K $� Underground Sewer Et Water King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A K 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver Under 100 Tons $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farmall Type $50.22 7A 3C 8P Underground Sewer Et Water King, Power Equipment Operators- Yo Yo Pay Dozer $53.00 7A 3C I 8P S htt s: / /fortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 p g g PP g P P 1 1 1 1 1 1 Page 15 of 17 1 https:Hfortress.wa. ov /lni /wa elpoku / rvWa elooku .as x 9/24/2013 g g pp g p P Underground Sewer Ft Water King Power Line Clearance Tree Trimmers Journey Level In Charge $43.76 5A 4A King Power Line Clearance Tree Trimmers Spray Person $41.51 5A 4A King Power Line Clearance Tree Trimmers Tree Equipment Operator $43.76 5A 4A King Power Line Clearance Tree Trimmers Tree Trimmer $39.10 5A 4A King Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $29.44 5A 4A King Refrigeration £t Air Conditionine Mechanics Journey Level $71.46 6Z 1G King Residential Brick Mason Journey Level $50.12 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1 E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $35.10, 7L 1H King Residential Insulation Applicators Journey Level $26.28 1 King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers & Pipefitters Journey Level $34.69 1 King Residential Refrigeration ft Air Journey Level $71.46 5Z 7� Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.84 7F 1 R King Residential Soft Floor Layers Journey Level $42.15 5A King Residential Sprinkler Fitters Journey Level $40.81 5C 2R (Fire Protection) King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Workers Journey Level $46.96 5A 1M King Residential Terrazzo /Tile Finishers Journey Level $21.46 1 King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.21 5A 1 R King Roofers Using Irritable Bituminous Materials $47.21 5A 1 R King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1 E King Shipbuilding 8 Ship Repair Boilermaker $39.66 7M 1 H King Shipbuilding Et Ship Repair Carpenter $38.24 7Q la King Shipbuilding St Ship Repair Electrician $37.82 70 3B King Shipbuilding 8 Ship Repair Heat Et Frost Insulator $58.93 5.1 15 1 https:Hfortress.wa. ov /lni /wa elpoku / rvWa elooku .as x 9/24/2013 g g pp g p P L J 1 Page 16 of 17 King Shipbuildine 8t Ship Repair Laborer $36.78 70 3B King Shipbuilding §i Ship Repair Machinist $37.81 70 3B King Shi bup ilding & Ship Repair Operator $40.15 70 IB King Shipbuilding £t Ship Repair Painter $37.79 70 3B King Shipbuilding It Ship Repair Pipefitter $37.77 70 3B King Shipbuilding a Ship Repair Rigger $37.76 70 3B King Shi by uilding £t Ship Repair Sandblaster $36.78 70 3B King Shipbuilding 8 Ship Repair Sheet Metal $37.74 70 3B King Shipbuilding ft Ship Repair Shipfitter $37.76 70 _B King Shipbuilding It Ship Repair Trucker $37.59 70 3B King Shipbuilding £t Ship Repair Warehouse $37.65 770 King Shipbuilding £t Ship Repair Welder /Burner $37.76 70 3B King Sign Makers >:t Installers (Electrical) Sign Installer $22.92 1 `King Sign Makers ft Installers (Electrical)" Sign Maker $21.36 1 King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical King Soft Floor Layers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $69.59 5C 1X King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structurall King Stone Masons Journey Level $50.12 5A 1M King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 King Surveyors Assistant Construction Site Surveyor $52.58 7A X 3P King Surveyors Chainman $52.06 7A X BE King Surveyors Construction Site Surveyor $53.49 7A 3C 8P King Telecommunication Technicians Journey Level $22.76 1 King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside King Telephone Line Construction - Hole Digger /Ground Person $20.05 5A 2B Outside- King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $36.01 5A 2B u si King Telephone Line Construction - Special Apparatus Installer II $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator (Heavy) $36.01 5A 2B utside King ITelephone Line Construction - Telephone Equipment Operator $33.471 5A I 2B I htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 9/24/2013 P g g PP g P l? rl 1 1 J F1 F1 �J Page 17 of 17 htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elo ku .as x 9/24/2013 P g g PP g o P p utside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson /Installer $25.27 5A 2B u si e King Telephone Line Construction - Television System Technician $30.20 5A 2B ts' e King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B tsid King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble ft Terrazzo Finishers Finisher $37.79 5A 1 B King Traffic Control Stripers Journey Level $42.33 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $47.91 5D 3A 8L King Truck Drivers Asphalt Mix To 16 Yards (W. WA -Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Dump Truck Ft Trailer $47.91 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $47.91 5D _3A 8L King Truck Drivers Transit Mixer $43.23 1 King Well Drillers ft Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Ft Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Ft Irrigation Pump Well Driller $18.00 1 Installers htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elo ku .as x 9/24/2013 P g g PP g o P p 1 1 n 1 1 1 APPENDIX A TECHNICAL REQUIREMENTS Ij 1 1 1 1 APPENDIX A TECHNICAL REQUIREMENTS RFB 13 -110 Site Location 1. S 288th Street, 1 -5 to Pacific Highway S 2. S312 th Street, Pacific Highway S to 1St Avenue S 3. S312 th Street, Pacific Highway S to 23rd Avenue S 4. SW 320th Street, 11 th Place S to 47th Avenue SW 5. S 3201h Street, 11th Place S to 1 -5 (includes trimming wisteria at gazebos) (includes street trees behind the sidewalk) 6. S 320th Street, 1 -5 to Weyerhaeuser Way 7. S324 th Street, 11th Place S to 18th Avenue S 8. S336 th Street, 1 -5 Bridge to 1 st Way S 9. S342 nd Street (Library Lane Median) 10. S348 th Street, Enchanted Parkway (16th Avenue S) to Hoyt Road. *S 348th Street changes to SW Campus Drive, SW 336th Street and again to SW 340th Street prior to Hoyt Road 11. SW 356th Street, 1St Avenue S to 21St Avenue SW (includes improvements from 21St Avenue SW at SW 356th Street to 22nd Avenue SW at SW 357th Street) 12. 23rd Avenue S, S 316th Street to S 324th Street 13. 16th Ave S / Enchanted Pkwy, Pacific Hwy S to S 356th Street (includes landscape on S 340 Street from 16th Ave S to the end, and traffic islands on 16th Ave S from Enchanted Pkwy to S 364th Street) 14. Pacific Highway S, S 272nd Street to S 283rd Street 15. Pacific Highway S, S 283rd Street to 18th Avenue S (includes Dash Pt Rd from Pacific Hwy S to 16th Ave S /Redondo) 16. Pacific Highway S, 18th Avenue S to S 310th Street 17. Pacific Highway S, S 310th Street to S 324th Street 18. Pacific Highway S, S 324th Street to S 340th Street (includes S 330th Street and S 332nd Street from Pacific Highway S to 15th Ave S) (includes mow strips behind sidewalk) 19. Pacific Highway S, S 348th Street to S 356th Street (includes S 356th Street from Pac Hwy S to end of sidewalk west). 20. 1 st Avenue S, S 356th Street to S 312th Street (includes landscape on both sides of 1 st Avenue S, south of S 348th Street 21. 21St Avenue SW, SW 356th Street to SW 3121 Street (includes SW 312th Street from Dash Pt. Rd to 14th Ave SW and island at Dash Pt. Rd and 21St Ave SW) 22. 21St Avenue S, S 320th Street to S 316th Street (includes S 316th Street, Pacific Highway S to 23rd Avenue S and 20th Avenue S, S 316th Street to S 314th Street, including planter behind the sidewalk on the east side) 23. S317 th Street, 28th Avenue S and Roundabout (turf area) 24. S 333d Street / S 332nd Street, roundabout to 13th PI S (including roundabout) (including 13th PI S, S 336th Street to the end) ' 25. Roundabout at S334th Street and 38th Avenue S 26. Irrigation system (Water Meter, Control Panel and Backflow Valve Locations, see Table A) r 1 1 1 1 1 1 1 1 I � Table A RFB 13 -110 1 S 288th Street, 1 -5 to Pacific Highway S ■ N side of S 288th St —1800 block ■ Control Panel- SW corner of S 288th & 18th Ave S 3 S 312th Street, Pacific Highway S to 23rd ■ NE corner of S 312th St & 20th Ave S Avenue S ■ Control Panel- same location ■ SW comer of S 320th St & 23rd Ave S by Red 5 S 320th Street, 11th Place S to 1 -5 Robin ■ Control Panel- same location 6 S 320th Street, 1 -5 to Weyerhaeuser Way - W side of Weyerhaeuser Way 100' south of S 320th ■ Control Panel- same location ■ SE corner of SR 99 & S 324th St 7 S 324th Street, 11th Place S to 18th Avenue S - Control Panel- same location h ■ SW comer of SR 99 & S 324 St • Control Panel- same location ■ S side of S 336th St — 2000 block ■ Control Panel- same location 8 S 336th Street, 1 -5 Bridge to 1 st Way S ■ S side of S 336th- 1200 block (not yet City Responsibility) ■ Control Panel- same location ■ S side of S 348th St at entrance to Crossings ■ Control Panel- S side of S 348th by walkway to stairs S 348th Street, Enchanted Parkway (16th • N side of SW 336th St at 2500 block SW 10 venue S) to Hoyt Road - Control Panel- same location ■ N side of S 348th St at 1000 block S ■ Control Panel- S side of S 348th at Park n Ride ■ S side of S 348th St at 200 block ■ Control Panel- SE corner of 1St Ave S & S 348th ■ W side of island at S 356th St & SR 161 ■ Control Panel- same location • S side of S 356th St, west of 16th Ave S by driveway 13 SR 161, S 344th Street to S 356th Street ■ N side of S 356th St, east of 16th Ave S by Lowe's entrance ■ Control Panel- Inside Lowe's Store (inside the Fire /Sprinkler Room) G 1 l 1 1 11 F1 f: 1 G ■ E side of SR 99 at 28300 block 14 Pacific Highway S, S 272nd Street to S 284th ■ Control Panel- same location Street ■ E side of SR 99, south of entrance to Park and Ride ■ Control Panel- same location ■ W side of SR 99 by Shell Station Pacific Highway S, S 284th Street to 18th Avenue ■ Control Panel- SW comer of SR 509 & Hwy 99 15 S ■ E side of SR 99 at 29100 block ■ W side of SR 99 at 28700 block ■ Control Panel- E side of Hwy 99 across from meter ■ NE comer of SR 99 & S 308th St 16 Pacific Highway S, 18th Avenue S to S 310th ■ Control Panel- SW comer of SR 99 and S 30e St Street ■ NE comer of SR 99 & S 304th St ■ Control Panel- same location ■ E side of SR 99 at S 31000 block 17 Pacific Highway S, S 310th Street to S 324th ■ Control Panel- SW comer of S 316th & Hwy 99 Street ■ SW comer of S 320th & SR 99 behind gazebo ■ Control Panel- same location ■ SE comer of S 325th St & SR 99 Pacific Highway S, S 324th Street to S 340th ■ Control Panel- same location 18 Street (includes S 330th Street and S 332nd ■ SE corner of S 333rd St & SR 99 Street from Pacific Highway S to 15th Avenue S) ■ Control Panel- SW comer of S 336 & Hwy 99 ■ W side of SR 99 in planter by Storage Unit driveway 19 Pacific Highway S, S 348th Street to S 356th ■ Control Panel- green box in mow strip across from Street meter (replace battery) ■ NW comer of SR 99 & S 356th St ■ Control Panel- same location ■ SE corner of SW 357th St & 22nd Ave SW ■ Control Panel- SW comer SW 356th & 21 st Ave SW 21 21st Avenue SW, SW 356th Street to SW 312th . N side of SW 312th Street east of 14th Ave SW Street ■ West side of island at SW Dash Pt. Road and SW 312th Street 21 st Avenue S, S 320th Street to S 316th Street ■ E side of 21 st Ave S at 31800 block (below ped rail) 22 (includes S 316th Street, Pacific Highway S to ■ Control Panel- same location 23rd Avenue S and 20th Avenue S, S 316th ■ E side of 20 Ave S at S 31400 block Street to S 314th Street) ■ Control Panel- same location ' 2. Definitions ' Owners, Public Works Department, Qty and /or City of Federal Way and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Street Maintenance Division's duly authorized representative. ' improved means approved by the Owner or the Contract Administrator. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to, or better than the required materials or methods. As shown shall mean as shown on the Contract Drawings, maps, or details. ' "Maintenance Specifications shall mean these specifications, the Specifications" and all addenda thereto. Grounds maintenance and landscape maintenance means the work and provisions described by the Maintenance /Labor Agreement and all addenda ' thereto. Native trees shall mean those trees which are indigenous or natural to the site. ' Ornamental Trees shall mean those trees which are not indigenous or natural to the site, and are located as part of the designed landscape. ' 3. Maintenance Specifications A. The Contractor will furnish all labor, tools, specialized equipment, ' materials, disposal of waste material generated by the work, supervision and transportation to perform landscape maintenance services as specifically outlined in the Annual Maintenance Schedules (Table 1 through 14). B. All field work shall be performed under the supervision of a qualified horticulturist. Operators will be licensed for all functions, including pesticide, fertilizer, and herbicide application, and flagging card when required. ' C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with ' respect to work performed for the City of Federal Way. C! 1 D. Any Contractor having employees working on or near a street shall comply with City of Federal Way and Washington State regulations ' pertaining to safety equipment, warning signs and traffic control. The following regulations' must be observed: ' 1. Workers must wear reflective safety vests at all times. 2. Trucks, trailers and work areas must be coned at all times. ' Minimum cone height is 28 -inch cones with reflective tape. 3. Traffic warning signs must be positioned on the Right -of -Way to ' forewarn traffic of workers in the area. Minimum sign size is 36- inches square with five inch (5 ") black letters on orange background. A "WORKERS AHEAD" sign is sufficient if landscape ' work can be confined to one side of the street behind the curb. "WORKERS AHEAD" signs should be displayed from both directions if operations encroach on the center median or center ' median and both sides of the street. If the landscape operation dictates that a lane be closed of ' multi -laned streets, the signing should be as follows and as shown on the attached "Standard Plan" (Detail 7). 1 F 1 1 1 F a. "WORKERS AHEAD" b. "RIGHT\LEFT LANE CLOSED AHEAD" C. Lane reduction symbol d. Sequential arrow signs e. Cones /barricades as required These safety regulations are mandated by the State Department of Labor and Industries and are subject to change. Failure to comply with proper safety procedures may result in contract cancellation. Lane closures on arterials are only allowed from 8:30 am to 3:00 pm. No lanes shall be closed without first providing notice to and receiving the approval of the City's Public Works Department. E. The Contractors personnel will conduct themselves on site in a professional manner at all times. I Manual on Uniform Traffic Control Devices, 2009 1 ' F. The Contract Administrator will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. ' The City may choose to: 1. Collect liquidated damages as described in paragraph 1.4 of the Maintenance /Labor agreement. 2. Payment will be held; deficiency 48 hours, 3. Require the Contractor to rectify the within G. The Contractor shall submit, on the Friday before the scheduled work ' week, a completed weekly work schedule showing the work that is to be done the following week as set forth in the Annual Maintenance Schedules (Work /Inspection Schedule attached). The Contractor's supervisor must email the Contract Administrator every morning that work is scheduled to be performed on this contract, stating the project location and scheduled work. The supervisor must be on site whenever ' the Contractor's crews are working. H. Equipment intensive work such as mowing, edging and blowing done at this site shall not commence before 7:00 a.m. on weekdays and shall not continue after 7:00 p.m., (weekend work not allowed without prior approval) and it is advisable that work be performed during non -peak ' traffic times. ' I. Report any damage to, or potential hazard, involving City property immediately to the City of Federal Way Public Works Department, telephone 835 -2700. After hours emergencies should be reported to the ' Police /Fire Communications Center, telephone 911. J. Hazardous conditions shall be immediately remedied or secured to prevent further damage and /or protect public from injury. It is the Contractor's responsibility to provide close supervision of maintenance operations and management of the site. ' K. Incidents, altercations or accidents involving the public, Contractor employees or City employees shall be reported to the Contract Administrator in a timely manner. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. L. Any damage to City structures or plant material due to Contractor negligence will be remedied by the Contractor, at his or her expense, in a timely manner. d L 4. Turf A. Turf areas to be mowed include medians, utility strips from curb to sidewalk, and outside edge of sidewalk equal to 24" width unless ' otherwise specified (see attached detail #1). All turf shall be mowed to a height of two inches. Collection of grass clippings is required only to prevent grass clumps from being left on the turf. B. All turf around posts, fences, trees, posts, closure boxes, vaults, valve boxes and other obstructions shall be sprayed with a vegetation eliminator (see attached detail #2) as specified in the Annual ' Maintenance Schedules. Vegetation elimination includes any vegetation encroaching on sidewalks or into the street. ' C. Turf around shrubs shall be trimmed as specified in the Annual Maintenance Schedules. Trimming shall include any vegetations encroaching on sidewalks or curb. D. All turf areas shall be edged (see attached detail #3) at sidewalks, curbs and medians on a schedule specified in the Annual Maintenance Schedules. Edging also includes tree pits. Extreme caution should be used to prevent chipping of concrete structures by edging equipment. E. All turf areas shall be fertilized with an approved fertilizer on a schedule specified in Annual Maintenance Schedules. Total application of turf fertilizer shall be applied at the rate of four pounds of nitrogen per 1,000 ' square feet of turf per year. The spring fertilizer shall be "25 -3 -10" with 70% slow release (polyon coating) plus 5% non staining Iron or approved equal. The fall fertilizer shall be "22 -2 -22" with 70% slow ' release ( polyon coating) or approved equal. All fertilizer application shall be applied with a marking dye "Blazon" or approved equal ' F. All turf areas shall receive an approved 3 -way broadleaf herbicide on a schedule specified in the Annual Maintenance Schedules. All herbicide ' application shall be applied with a marking dye "Blazon" or approved equal d L 5 G. All turf areas and brush located beyond 24" behind sidewalks or planted landscape strips to the fence /property line is to be mowed to a height of no more than four inches (see attached detail #5) on a schedule specified in the Annual Maintenance Schedules. This work is paid for under the "rough mow" bid item. All required maintenance frequencies must be evenly spaced throughout the maintenance cycle for each month of the contract. A minimum of seven (7) days separation is required for all tasks. 1 5. Trees. Shrubs and Ground Cover Beds A. Bed /median areas shall be kept in weed free condition. All beds shall be weeded by mechanical and /or chemical means (see attached detail #1). The City reserves the right to limit the use of specific herbicides and /or applications of said herbicides. Simazine shall be used only with the approval of the Contract Administrator and only in very limited areas. ' Any damage to desirable plant material due to Contractor negligence or misuse of pesticides will be remedied by the Contractor, at his or her expense, in a timely manner. iAny dead plants shall be removed or cut to ground line. fl 1 B. Ground cover shall be edged at all sidewalks, curbs and medians (see attached detail #3). C. Vegetation /ground covers shall be trimmed to prevent encroachment in to streets, sidewalks, trails, walkways, maintained areas, shrubs, and trees. Vegetation shall be trimmed to prevent the limitation of sightlines along trails and /or streets. Vertical pedestrian and trail clearance is eight to twelve feet (8' - 12') and horizontal clearance is approximately one foot beyond the outside sidewalk edge as shown in the Visibility Plan (see attached detail #6). Horizontal clearance may vary depending on style of construction, obstructions and property boundaries. D. Shrubs shall be trimmed or sheared on all sides to maintain desired shape and function as needed to provide a neat, trim appearance. This includes all shrubs in the median islands. Ottoluken Shrubs will be trimmed to allow all 3 plants to grow into a horse shoe shape around the light pole, to a maximum height of 3' and a width of 2'. This only applies to the decorative light standards within the City Center (See detail #7). J E. Trees shall be pruned to remove singular broken branches or perform minor clearance pruning. Minimum clearance height for tree branches is ' fourteen (14) feet above the paved surface of the street and eight (8) to twelve (12) feet over the surface of the public sidewalk or pedestrian way (see attached detail #4). Tree suckers and volunteer seedlings shall be removed as necessary. ' G. All beds /median areas requiring a spring fertilizer application shall be fertilized with an approved fertilizer on a schedule specified in the Annual Maintenance Schedule. The application rate for the bed /median fertilizer ' shall be at one pounds of nitrogen per 1,000 square feet of planter bed. The fertilizer shall be 14 -18 -12 with 50% slow release. 6. Hard Surfaces A. Sidewalks, curbs, paved islands and other hard surfaces shall be kept free of leaves, litter and debris on an as- needed basis. The use of power ' blowers is acceptable, however, accumulations of debris must be removed from the site and legally disposed of and not blown onto adjacent property or onto adjacent street surfaces. This r work shall be considered incidental to other work items. n Singular branches which are hanging below the overall tree canopy and are an impediment to pedestrian traffic or maintenance activities may be pruned back to the first lateral. ' Trees which require minor clearance pruning shall be pruned to the closest lateral or, if such pruning will result in stubbing the branch, prune ' branch flush with tree trunk. The Contractor shall be responsible . for notifying the Contract Administrator of any significant tree hazards including, but not limited to: ' dead native and ornamental trees, broken limbs, disease and insect infestations. Ornamental trees without tree wells are to be vegetation free 12 to 18 inches from the tree base (see attached detail #2). ' F. Beds /medians may receive an approved pre- emergent herbicide on a schedule specified in Annual Maintenance Schedule and in accordance with the manufacturer's recommendations. Any damage to desirable plant material due to Contractor negligence or misuse of pesticides will be remedied by the Contractor, at his or her expense, in a timely manner. ' G. All beds /median areas requiring a spring fertilizer application shall be fertilized with an approved fertilizer on a schedule specified in the Annual Maintenance Schedule. The application rate for the bed /median fertilizer ' shall be at one pounds of nitrogen per 1,000 square feet of planter bed. The fertilizer shall be 14 -18 -12 with 50% slow release. 6. Hard Surfaces A. Sidewalks, curbs, paved islands and other hard surfaces shall be kept free of leaves, litter and debris on an as- needed basis. The use of power ' blowers is acceptable, however, accumulations of debris must be removed from the site and legally disposed of and not blown onto adjacent property or onto adjacent street surfaces. This r work shall be considered incidental to other work items. n 1� t u u 7. B. All vegetation in sidewalks, curbs, paved islands and other hard surfaces (see attached detail #3) shall receive an approved vegetation eliminator application and be removed. In no case shall any pre- or post- emergent herbicides with residual characteristics (ie. Casaron) be used in these areas. Other Services A. All litter, debris and animal feces shall be removed from turf, bed and hard surface areas. Litter shall be removed from the site for disposal by the Contractor. Windfall branches and debris shall be removed from all right -of -way areas for disposal by the Contractor. Wind fallen trees are not included in contract. B. Irrigation System Startup shall be implemented during the second week of May of each year or as directed by the City. The contractor will be required to Startup 30 meters and 22 backflow prevention devises and all associated irrigation systems. The contractor is required to test each irrigation system by running it through each cycle at the irrigation system controller, and flag all broken heads, main lines, valves, etc. Notify the Contract Administrator of any needed part and make all necessary repairs and ensure system is fully operational. Contractor is required to document the water system meter reading at system startup date. Irrigation System Winterization shall be implemented during the third week of October of each year. The contractor will be required to winterize 30 meters and 22 backflow prevention devises and all associated irrigation systems. The contractor shall turn off all 30 meters, and the entire irrigation system connected to each meter. Blow out each individual watering station with an air compressor. Turn irrigation clock to "Off' mode and document water meter reading. Backflow Prevention Testing (See Table "A" for meter and backflow valve locations.) in all of the 30 irrigation systems shall be performed by the Contractor as required by the Lakehaven Utility District. Backflow Prevention Testing will be performed by a fully certified technician. The contractor shall fill out all of the required testing forms and submit one copy to the Lakehaven Utility District and one copy to the Contract Administrator. The Contractor shall perform an irrigation system test /inspection as noted under the monthly testing schedule in Project #26. During each test /inspection the contractor shall manually operate each irrigation station and note any defect and make all of the necessary repairs. After each test /inspection the contractor shall report in writing all noted defect and repairs to the Contract Administrator 8. Additional Maintenance Labor ' A. Additional work may be requested in writing from the City, limited to a total of two hundred (200) hours per contract year and reimbursed on an hourly basis. Hourly work rates includes all cost for materials, labor, and equipment for work described in Section 4 (Turf), 5 (Trees, Shrub and Ground Cover Beds), 6 (Hard Surfaces), and 7 (Other). Hours will be reimbursed beginning from the time arrived at the worksite. r1 17 I n C Ii VEGETATION ELIMINATION APPLICATION AREA a TRIM - & WEED V , 0 a PLAN VIEW CITY OF FEDERAL WAY 2014 RIGHT OF WAY LANDSCAPE MAINTENANCE RF8 13 -110 HERBICIDE APPLICATION AREA (TYP) NCE OR OPERTY IE I 1 ' TYP. �-1 ' TYP. EX. UTILITY POLES FIRE HYD'S, CLOSURE BOXES, POSTS, STREET LIGHTS, ETC. 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