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AG 14-112RETURN TO: EXT: �) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/Div: PRCS / f\ V7 2. ORIGINATING STAFF PERSON: "` ' i 1 I A '((- EXT: 4. 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME: 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE: E -MAIL: FAX: SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # EXP. _ /_/ 8. TERM: COMMENCEMENT DATE: -1 ) - I �\ COMPLETION DATE: �'% I1/ 1 9. TOTAL COMPENSATION: $ ` Z �� `dU = Z O (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY L BOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ❑ YES ❑ NO IF YES, $ IS SALES TAX OWED: ❑ PURCHASING: PLEASE CHARGE TO: 3U2 ��bV�%' II �� I " J f 10. DOCUMENT/ CONTRACT REVIEW ❑ PROJECT MANAGER ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE ❑ LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED k 11 COMMITTEE APPROVAL DATE: 3 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) 1p CITY CLERK ,+.ASSIGNED AG # Al SIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: INITIAL/ DATE SIGNED 7 AG# DATE SENT: COUNCIL APPROVAL DATE: / L DATE REC' D: ) Z4 / I 11/9 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG 414 -112 No. 1 PROJECT NUMBER CHANGE ORDER NUMBER Toy R Us Building Demolition July 21, 2014 EFFECTIVE DATE Lloyd Enterprises,Inc. PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: Lump Sum price including all costs to remove and haul away concrete slab and footings for the Toys R Us Building. The time provided for completion in the Contract is ❑ Unchanged X Increased ❑ Decreased until August 11, 2014. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? X Yes ❑ No If "Yes" Will the Policies Be Extended? X Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ Yes DECREASE $ $48,000.00 + $4,560.00 sales tax + $20 permit Total $52,580.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $52,580.00 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S MAY S - / DAVE SIGNATURE SIG TURE )psi CHANGE O DER AGREEMENT 1 1 /10 I - P -0 a l_,4 )'Ay -\ 1 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT *ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY *Adjustments: ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: $68,109.00 $0 $52,580.00 $0 $120,689.00 $0 . 0- - I - � �� //z/ Owg S- IGNATURE �r CHANGE ORDER AGREEMENT 2 1/10 Date: June 11, 2014 Proposal To: Address: City, State, Zip: Project Name: Project Address: City, State, Zip: Ken Miller - City of Federal Way 33325 8" Ave S Federal Way, WA TOYS R US Federal Way, WA This proposal is based upon plans and specifications dated n/a together with the terms and conditions of this Proposal Contract. Our proposal is to furnish the following items, subject to the terms and conditions set forth below and to the GENERAL TERMS AND CONDITIONS attached to this proposal as Exhibit A: In the event that specific items within this proposal conflicts with the plans and specifications this proposal shall take precedence. Inclusions: Remove Concrete Slab and Footings .......................................... ............................... .....................$48,000.00 +TAx ** Excluding any asbestos flooring carpet and glue on slab ** Note — This price is only good if the work is performed at the same time as bid demo; if done after add $14,680.00 to above price. Exclusions: Apprenticeship or union requirements Anything else not listed in the inclusions As -built drawings' Asbestos flooring, carpet and glue Assessments & bonds All permits and fees Building shoring, slope support Capillary breaks, vapor barrier, sand blankets CDF trench backfill Demolition and disposal not shown on Dewatering, well points Drainage or runoff control Engineering, survey, staking Asbestos removal, lead soil abatement Electrical work, franchise utility trenching Erosion control not shown on drawings Hazardous or contaminated material handling Hydro- seeding, mulching Imported trench backfill Irrigation sleeves, lines and meters Materials and density testing Monuments and markers Over excavation & stabilization rock Onsite private utility locates Penalties and liquidated damages Removal, relocation or adjustment of franchise utilitie Rock excavation Rockeries and retaining walls Sales and use taxes2 Sleeves through walls Soil stabilization, cement treatment of soils Stand by costs due to interfering utilities Storm water Pollution Prevention Plan Temporary Facilities Topsoil screening Tree Protection, services of certified arborist Underground storage tank removal Unsuitable excavation Water meters Construction fencing Should the purchaser tender his own purchase order or contract, this proposal shall be a part of the agreement. Quotations are firm for a period of 30 calendar days after the date of the quotation and may be withdrawn thereafter... All work covered by this proposal is bid to normal industry standards and sequencing. Terms of payment are net 30 days subject to approval or modification by Lloyd Enterprises Inc. according to Exhibit "A ". Payment via credit card shall not be accepted unless agreed to by both parties in advance. Submitted by: Randy Lloyd For Seller: Lloyd Enterprises Inc. Name of Seller's representative: Title of Seller's representative: Accepted by: For Buyer: Name of Buyer's representative: Title of Buyer's representative: _ Date: 1One set of Purchaser's construction drawings will be red -lined for the Purchaser's use. 2 Use tax is not included for Washington State Dept. of Revenue Rule 171 work. Value of materials subject to Use Tax will be provided on request. RETURN TO v r Y r EXT: (g I C) ) CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PRCS / fo JrW 2. ORIGINATING STAFF PERSON: \`// e, Y' -\ 'u, EXT: 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT > SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT N 6. NAME OF CON7 ADDRESS: T 6 SIGNATURE N TELEPHONE: 253 fd' Tf - G b a FAX: TITLE: i 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE# BL, EXP. 12/31/ UBI# , EXP. / H. TERM: COMMENCEMENT DATE: COMPLETION DATE: U TOTAL COMPENSATION: $ W ac)o 4- S. 9 U 9 = 6<�, 10 5 -uo (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: $ PAID BY: ❑ CONTRACTOR ❑ CITY IS SALES TAX OWED: ❑ YES ❑ NO IF YES, ❑ PURCHASING: PLEASE CHARGE TO: 502, rj` ,66O- ��o 5,'O�Q) 10. DOCUMENT/ CONTRACT REVIEW • PROJECT MANAGER • SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE 7( LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED is ' lb 1j�'1 COMMITTEE APPROVAL DATE: / 12. CONTRACT SIGNATURE ROUTING 1 ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW -DEPT - SIGNATORY (MAYOR OR DIRECTOR CITY CLERK ASSIGNED AG # KSIGNED COPY RETURNED RETURN ONE ORIGINAL COMMENTS: IN[ IAL DATE S[GNED _ L AG# DATE SENT: 71 ' , ' COUNCIL APPROVAL DATE: /�� �L DATE REC'D: / L 11/9 SMALL PUBLIC WORKS CONTRACT FOR TOYS R US BUILDING DEMOLITION This small public works contract ( "Contract ") is dated effective this � da y of „ X20 and is made by and between the City of Federal Way, a Washington municipal corpora ion ("City" or "Owner "), and Lloyd Enterprises, Inc., a Washington Corporation ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at 3510 20t Avenue South, Federal Way, Washington ( "Property "); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ( "Parties ") agree to the following terms and conditions: SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Toys R Us Building Demolition project, in Exhibit "A" attached hereto and incorporated by this reference, ( "Work "), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B ", Contractor's Retainage Agreement attached as Exhibit "C ", Contractor's Retainage Bond attached as Exhibit "D ", Notice to Labor Unions attached as Exhibit "E ", Certificate(s) of Insurance Form attached hereto as Exhibit "F", Performance/Payment Bond attached hereto as Exhibit "G ", Prevailing Wage Rates attached as Exhibit "H ", Title VI Assurances attached hereto as Exhibit I, 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. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 18th day of July, 2014. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. 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 Rev 12/08 - 1 - cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C "h where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated 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. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 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. 1.6 Change Orders. 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 change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B ", which 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. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. 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. 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 City Rev 12/08 - 2 - 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. 1.7 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. 1.8 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. 1.9 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. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 18th day of July 2014, and the expiration of all warranties contained in the Contract Documents ( "Term "). 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. Rev 12/08 - 3 - 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Sixty Two Thousand Two Hundred and No /100 Dollars ($62,200.00), and Washington State sales tax equal to Five Thousand Nine Hundred Nine and No /100 Dollars ($5,909.00), for a total amount not to exceed Sixty Eight Thousand One Hundred Nine and No /100 Dollars ($68,109.00), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof,) 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 Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Ken Miller Public Works Department 33325 8th Avenue South Federal Way, WA 98003 -6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor's Retainage Agreement attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ( "Fund ") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Rev 12/08 - 4 - Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty -five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E ", as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that 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 or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. 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. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that 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. Rev 12/08 - 5 - 6.2 If the Contractor is a sole proprietorship or if this is a contract 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. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) 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 Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. 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. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) 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 Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; Rev 12/08 - 6 - (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F", which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. Rev 12/08 - 7 - 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE /PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance /Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" 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; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract as less than Thirty -Five Thousand Dollars ($35,000.00), the City may, in lieu of a bond, retain fifty percent (50 %) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and 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 Work 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 execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is Rev 12/08 - 8 - solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employ. This Contract 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, workpersons and /or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 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 Contract, 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. 12.4 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. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and /or the Rev 12/08 - 9 - City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. 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 this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. 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. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. Rev 12/08 - 10 - 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to. all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery Rev 12/08 - 11 - of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. 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 herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and /or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. Rev 12/08 - 12 DATED the day and year set forth above. CITY OF FEDERAL WAY i e ell, Mayor 3325 81h Avenue South Federal Way, WA 98003 -6325 APPROVED AS TO FORM: ATTEST: Interim C' Attorney, Amy Jo Pearsall City Clerk, Carol McNeilly, C C Rev 12/08 - 13 - LLOYD ENTERPRISES, INC. By: Randy Lloyd Its: Vice President 34667 Pacific Highway South Federal Way, WA 98003 (253) 874 -6692 STATE OF WASHINGTON) ) ss. COUNTY OF tLjk,�/ On this day personally appeared before me Randy Lloyd, to me known to be the Vice President of Lloyd Enterprises, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed. if any is the co orate seal of said corporation. GIVEN my hand and official seal l .. • 1 RAMMIA Notary Public in and for tl5 State, of Washington. My commission expires n �y • 5� °N �0i •9'y o =vio� NOt 'Z= = Rev 12/08 - 14 - EXHIBIT A SCOPE OF SERVICES Contractor's responsibilities: • Contractor to provide all materials, equipment and labor necessary to demolish and dispose of the former Toys R Us Building, which is approximately 49,800 square feet located at 31510 20th Avenue South. All work to be performed in compliance with City and State codes and regulations. • Demolition and removal of all structures onsite. Removal of all walls, columns, piers, beams, roof, equipment, materials, appurtenances, or any other projections. • All utilities shall be disconnected and "capped' under the supervision and in accordance with the utility company's requirements. • The contractor shall take whatever steps necessary to control dust during demolition and removal. • All materials resulting from the demolition work shall be removed from the premises leaving the area acceptable to the satisfaction of the City. • The contractor shall furnish the disposal site for all demolition materials. The Contractor will provide the City with receipts certifying proper disposal and Contractor shall pay all costs. • Current City business license and state prevailing wage rate reporting required. Note: Any project over $35,000 is subject to providing a Performance Bond. • The current estimated start time for this project will be June 23, 2014 and work must be completed by July 18, 2014. This project is time sensitive so the successful contractor must start after work "Notice to Proceed" is issued. City Responsibilities: • Contract creation and management • Coordination of any City permit. VII. SPECIFICATIONS. A. All work shall be performed under the supervision of an experienced lead with City oversight. The contractors lead workers and laborers must communicate effectively and proficiently in both oral and written formats. Staff will be licensed for all applicable applications, including appropriate driver's license when required. Rev 12/08 - 15 - B. Contractor will furnish all associated labor, equipment and all the work materials to complete the project and proper disposal of all materials from the former Toys R Us Building. C. Contractor will ensure 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. All personnel shall be trained in the proper safety practices using current industry standards. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. The Contract Administrator or appointed designee 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. F. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835 -6901. After hours emergencies should be reported to the Police /Fire Communications Center - 911. G. Hazardous conditions shall be immediately remedied or secured to prevent further damage and /or protect public from injury. H. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. VIII. SALVAGE The "Lump Sum Price" shall include all costs for the contractor to salvage the metal stairs from the first floor (slab) to the roof on the west side of the building (inside) and place them in the parking lot for the City. The City intends to reuse them at another location. IX. Addendum #1 to Bid (Attached) Addendum #2 to Bid (Attached) Rev 12/08 - 16 - PROJECT NUMBER PROJECT TITLE EXHIBIT B CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S SIGNATURE MAYOR SIGNATURE Rev 12/08 - 17 - DATE DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY *Adjustments: ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: MAYOR'S SIGNATURE Rev 12/08 - 18 - EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT City of Federal Way Bid /Contract Number 33325 8th Avenue South Federal Way, WA 98003 -6325 253- 835 -7000 IDENTIFICATION AND DESCRIPTION Project Title Contractor Representative Bid No. City Representative Project Authority_ Date Administering Department. Funding Source RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.0 10 I hereby notify the City of Federal Way of my instructions ❑ to invest ❑ not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contractor: By: Address: Fed ID #: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: Contact Person: Date: Title: Phone: Est. Completion Date: _ Finance Director Date I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on Rev 12/08 - 19 - I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department Also, please find attached certifications by the applicable state agencies of the receipt of 1) Washington State Business Taxes (Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) Rev 12/08 - 20 - EXHIBIT D Bond No. 106104064 RETAINAGE BOND TO CITY OF FEDERAL WAY TOYS R US BUILDING DEMOLITION KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, Lloyd Enterprises, Inc. as principal ( "Principal"), and Travelers Casualty and Surety Company of America a Corporation organized and existing under the laws of the State of Connecticut , as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ( "Surety "), are jointly and severally held and firmly bonded to the City of Federal Way ( "City") in the penal sum of. Three Thousand One Hundred Ten and 00 /100ths ($3,110.00 ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Toys R Us Building Demolition Project, which contract is incorporated herein by this reference ( "Contract"), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5 1/16), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which maybe due from said Principal. Every person performing tabor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of S 68,109.00 ; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, 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 if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract 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 Contract 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 Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract 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 ReWnage Bond in a like amount, such increase, however, not to exceed twenty -five percent (25 1/o) of the original amount of this bond without 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 Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall 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. The parties have executed this instrument under their separate seals this 24th day of June 2011 the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: PRINCIPAL Lloyd Enterprises, Inc. Title- via" Xm5l &j6p Address: P.©. J8,g9 ,FeW&raj ILA 99063 SURETY Travelers Casualty and Surety Company of America By: � ttorney -in- act, Ju (Attach Power of Attorney) Title: Attomey -in -Fact Address: 1501 Fourth Ave., Suite 1000 Seattle, WA 98101 CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was of 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 I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that who signed the said bond on behalf of the Surety, 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. N/A Secretary of Assistant Secretary BOND # 106104064 ACKNOWLEDGMENT OF PRINCIPAL PRINCIPAL STATE OF COUNTY OF ) SS (signature of Principal) (name printed below signature) On this 2- 54�— day of ��� , 201 MT.o Ka Notary Public in and for said sti who acknowledged person executing 1he toregqjAg instrument for the purpose t in contained by signi '�.�PNN_hQ14a; 4,d tQ e In witness whereof, I hereunto set my hand and offs ' I seal. �}' = Notary Public '•, A "�.•• My commission expires: I�SI �� j �0111111111'� ACKNOWLEDGMENT OF SURETY SURETY: Travelers Casualty and Surety Company of America By: STATE OF WASHINGTON (Attorney-in-Fact) Julie .Truitt COUNTY OF PIERCE ) SS On this 24th day of June 2014 , before me Carley J. Espiritu a Notary Public in and for said state, personally appeared Julie R. Truitt , who being sworn, stated that he /she is attorney -in -fact for Surety, Travelers Casualty and Surety Company of America and that he /she signed this instrument as attomey -in -fact for the foregoing Sumly. 1 �1 My commission expires: 4 -30 -2018 S- 5417/GE 7/07 J ' �1rOT 8112 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER rA� POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227923 Certificate No. 005885204 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Eric Zimmerman, Karen Swanson, Brent E. Heilesen, James B. Binder, Peter J. Comfort, Jennifer L. Snyder, Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Christopher Kinyon, Jamie Diemer, Amanda Rush, Casey Jackson, Joy Jennings, Leah Shamberg, Martha Juarez, Stephanie Hansen, Taylor Murray, Tabitha Tomlinson, Carley Espiritu, and Mandy Kellner of the City of Tacoma , State of Washington , their true and lawful Attomey(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their ,business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 28th day of April 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASU./ � �iRE p4�'N *N IN$ +" �Mg�"�•t p�SY ApQ � �,' O LT e J�. •4�6 0�: :.......G .�,`"P N9 * J ,q 1,M�311AAy� �O t ocw°RyA �. Y P 'I Q� 9s f o °: •• .............'t, s u � 'p y 4 9� f�ORPORA >' Z )Q r n 9� x R G1n70RATtp m �I .. F•H I W rCORPORATf o f ' o f a HARTFORD, ft4fl'tF6F1D, � < JS CONN. ° � ps t896 g c�- �r � rJ1 y9ti� �A.•SEAL;o.' oe ;SEALa o j m ro `V State of Connecticut City of Hartford ss. By: '44:6e Robert L. Raney, enior Vice President On this the 28th day of April 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. eIn Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. Marie C. Tetreault, Notary Public 58440 -8 -12 Printed in U.S.A. EY D WITHOUT THE RED BORDER THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this . day of GJwv., a✓ (S r. Kevin E. Hughes, Assistant Sec tary 201+ i0 �o eLOR P�R��ey 1.` RPORA �' i 9� 1111:cA 'yl 9 8 2�' O '� 977 ORATED m: 11! : n : a HARTFORD, < ft0R1FDR0. < G,��-1951 m +SEAL,i'o3 " :.S8RL o! CONN. n CdNN. 9 N 1896 ,n ^„ f� „M✓� 1S•...�...�� d1 �P + fit'! AtN� To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID TO: EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 333258 1h Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Client #: 17766 1 LLOYENTE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD /YYYY) 6/24/2014 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT Christine Maden pv"� "N El): 800 499 -0933 A/C No): 866.577.1326 E -MAIL ADDRESS: P CLM��11 @p ro elinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Insurance Company EACH OCCURRENCE INSURED INSURER B: Continental Casualty Company 20443 Lloyd Enterprises Inc. PO Box 3889 Valle Forge Insurance Company INSURER C: y 9 P y PERSONAL & ADV INJURY $ 1,000,000 Federal Way, WA 98063 INSURER D : $2,000,000 INSURER E: PRODUCTS - COMP /OP AGG INSURER F: $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY 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 AODL INSR SUER WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X PD Ded: $2,000 X X 2094794686 4/15/2014 04115/201 EACH OCCURRENCE $1,000,000 PREMISES Ea... ence $100,000 MED EXP (Any one person) s5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT PRODUCTS - COMP /OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS X 2094528696 4/15/2014 04/15/201 (Ea accciden SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X 2094528682 4/15/2014 04115/201 EACH OCCURRENCE s5.000.000 AGGREGATE s5,000,000 DIED X RETENTION $1O 000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A (WA Stop Gap) 2094794686 4/15/2014 04/15/2015 T, RYTLIM T X ERH E.L. EACH ACCIDENT $1 000, O00 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 A Limited Worksite Pollution Liab 2094794686 4/15/2014 04/15/2015 $1,000,000 Occurrence $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Toys R Us Building Demolition (RFB #14 -110) The City of Federal Way, its officers, officials, employees, volunteers and agents are additional insured per the attached endorsements. City of Federal Way THE SHOULD EXPIRATTIIONH DATE VT EREOFE NOTICEI WILL CBE CDELIVERED O NE 33325 8th Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003 -6325 AUTHORIZED REPRESENTATIVE ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1437403/1111111379186 C LM00 Lloyd Enterprises Inc. 2094794686 G- 140331 -D (Ed. 01/13) BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS — WITH PRODUCTS - COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the "written contract," provided the location is within the "coverage territory" of this Coverage Part.) A. Section II - Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract'; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products- completed operations hazard," and only if: (1) The "written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract'; c. That described in B.I. above; or d. That afforded to you under this policy, whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or G- 140331 -D (Ed. 01/13) Page 1 of 2 Copyright, CNA All Rights Reserved. CNA G- 140331 -D (Ed. 01/13) any other basis. But if required by the "written contract" to be primary and non - contributory, this insurance will be primary and non - contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit'; and (4) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract" requires this insurance to be primary and non - contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V — DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The "bodily injury" or "property damage'; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G- 140331 -D (Ed. 01/13) Page 2 of 2 Material used with permission of ISO Properties, Inc. Copyright, CNA All Rights Reserved. G-1 8652-J CNA2094794686 (Ed. 07 -12) CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage, please refer to the corresponding policy provisions in the body of this endorsement 1. Additional Insureds Seven additional insured extensions. 2. Bodily Injury — Expanded Definition 3. Broad Knowledge of Occurrence/ Notice of Occurrence 4. Broad Named Insured 5. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" Limit: $100,000. 6. Contractual Liability — Railroads Expanded definition of "insured contract." 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit: $100,000. 9. Expanded Personal And Advertising Injury - Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force — "bodily injury" or "property damage" 11. General Aggregate Limits Of Insurance - Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures /Partnership /Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability/Alienated Premises /Borrowed Equipment Coverage Extended perils. Default limit increased to $500,000 for Damage to Premises Rented To You. $25,000 limit for "property damage" to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension 18. Medical Payments Limits increased to $15,000. Reporting increased to three years from the date of accident 19. Non -owned Aircraft Coverage 20. Non -owned Watercraft Increased to 75 feet. 21. Primary And Non - Contributory To Other Insurance 22. Property Damage - Elevators 23. Supplementary Payments Cost of ball bonds increased to $5,000. Daily loss of earnings increased to $1,000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation - Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap -Up Extension G-1 8652-J (Ed., 07 -12) Page 1 of 12 Copyright, CNA All Rights Reserved. CNA 2094794686 1. ADDITIONAL INSURED SECTION It — WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement, provided the written contract or written agreement: i. Is currently in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury" for which the additional insured seeks coverage. However, we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is: a. The maximum permitted by law; b. Required in the written contract or written agreement; c. Afforded to you under this policy; or d. Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: 1. Their financial control of you; or 2. Premises they own, maintain or control white you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. B. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owner's liability as co -owner of such premises. C. Lessor - Equipment 1. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury," "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. G- 18652 -J (Ed. 07 -12) Page 2 of 12 G- 18652 -J (Ed. 07 -12) 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after the equipment lease expires. D. Lessor - Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. E. Lessor - Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to be a tenant in that premises; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises Copyright, CNA Ali Rights Reserved. 2094794686 (Ed. 07 -12) you own, rent, or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. The construction, erection, or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to: a. "Bodily injury," "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard." A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY — EXPANDED DEFINITION SECTION V — DEFINITIONS, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence, Offense, Claim or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE G- 18652 -J (Ed. 07 -12) Page 3 of 12 You must give us or our authorized representative notice of an "occurrence," offense, claim, or "suit" only when the "occurrence," offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence," offense claim or "suit." 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization, other than a partnership, joint venture or limited liability company, in which a Named Insured specifically shown in the Declarations has management control, directly or through one or more subsidiary organizations, at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization, nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision, similar insurance means general liability or equivalent insurance, no matter whether its coverage is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a "consolidated (wrap -up) program," then a subsidiary that qualifies as a Named Insured on such project - specific insurance can still qualify as a Named Insured on this insurance, but not for projects covered by the "consolidated (wrap -up) program." [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap -up) program."] B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement: Copyright, CNA All Rights Reserved. CNA Gd07 -1 2094794686 (Ed.. 07 -12) 1. Management control means: a. Ownership interest representing more than 50 of the voting, appointment, or designation power for the subsidiary organization's governing body; or b. Having the right, pursuant to a written contract, or pursuant to the by -laws, charter, operating agreement, or similar document of a specifically shown Named Insured or controlled subsidiary organization to select, appoint, or designate a majority of the subsidiary organization's governing body. Such contract or document must have been created prior to the time of loss; or c. Having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means: a. The occurring of the "bodily injury" or "property damage "; or b. The committing of the offense that caused the "personal and advertising injury." D. The insurance provided by this policy applies to Named Insureds when trading under their own names, or under such trading names or doing - business-as (DBA) names as any should choose to employ. 5. BROADENED LIABILITY COVERAGE FOR DAMAGE TO "YOUR PRODUCT" AND "YOUR WORK" A. Under SECTION I -- COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusions k. and 1. and replace them with the following: [This insurance does not apply to:) k. Damage to Your Product "Property damage" to "your product" arising out of it, or any part of it except when caused by or resulting from: (1) Fire; (2) Smoke; (3) Collapse; or (4) Explosion. G- 18652 -J (Ed. 07 -12) Page 4 of 12 1. Damage to Your Work "Property damage" to "your work" arising out of it, or any part of it and included in the "products - completed operations hazard." This exclusion does not apply: (1) If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of. (a) Fire; (b) Smoke; (c) Collapse; or (d) Explosion. B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to S. above, $100,000 is the most we will pay under Coverage A for the sum of damages arising out of any one "occurrence" because of "property damage" to "your product" and "your work" that is caused by fire, smoke, collapse or explosion and is included within the "product- completed operations hazard." This sublimit does not apply to "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. C. This Provision S. Broadened Liability Coverage For Damage To "Your Product" And "Your Work" does not apply if an endorsement of the same name is attached to this policy. 6. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of "insured contract" in SECTION V — DEFINITIONS is replaced by the following: "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; Copyright, CNA All Rights Reserved. CNA G 2094794686 (Ed. d. 07 -1 07 -12) d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph L does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: [This insurance does not apply to:] p. Electronic Data G- 18652 -J (Ed. 07 -12) Page 5 of 12 Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury." B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most we will pay under Coverage A for all damages arising out of any one "occurrence" because of "property damage" that results from physical injury to tangible property and arises out of "electronic data." C. The following definition is added to the SECTION V — DEFINITIONS: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of the coverage provided by this endorsement, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data," resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this Copyright, CNA All Rights Reserved. CNA G 2094794686 (Edd. . 07-12) policy, then the $100,000 limit provided by this Provision 8. Electronic Data Liability is part of, and not in addition to, that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY - DISCRIMINATION OR HUMILIATION A. SECTION V — DEFINITIONS is amended to add .the following to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of. (a) The insured; or (b) Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any insured. B. Under SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions is amended to add the following additional exclusions: [This insurance does not apply to:] Discrimination Relating To Room, Dwelling or Premises "Personal or advertising injury" caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10. EXPECTED OR INTENDED INJURY Under SECTION I -- COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete exclusion a. Expected or G- 18652 -J (Ed. 07 -12) Page 6 of 12 Intended Injury and replace it with the following: [This insurance does not apply to:] a. Expected or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises you own or rent, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit, is the most we will pay for the sum of: 1. All damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products- completed operations hazard "; and 2. All medical expenses under Coverage C, that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard'; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. Copyright, CNA All Rights Reserved. G-1 8652-J CIA VA 2094794686 (Ed. 07 -12) C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard," regardless of the number of locations involved will reduce the Products - Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been 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. F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you, or chartered by or for you will be treated in the same manner as though the action were in personam against you. In rem is a term used to designate actions instituted against the thing, as distinct from actions against the person, which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to "bodily injury" that arises out of a "health care incident," COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION I — COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to "bodily injury" only if you are not in the business of providing professional health care services, and only if: (a) "Bodily injury" caused by a "health care incident" will be considered caused by an "occurrence'; and (b) All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single "occurrence "; (2) The "bodily injury" occurs during the policy period. All "bodily injury" arising from an "occurrence" will be deemed to have occurred at the time of the first act, error, or omission that is part of the "occurrence "; and B. With respect only to the insurance provided by this Provision 13., Exclusion 2.e. Employer's Liability of SECTION I — COVERAGE A -- BODILY INJURY AND PROPERTY DAMAGE, is amended to append the following: Only for "bodily injury" not covered by other liability insurance (including state - sanctioned self insurance) available to the insured (or which would be available but for exhaustion of its limits), this exclusion does not apply to "bodily injury" that arises out of a "health care incident" C. SECTION V — DEFINITIONS is amended to add the following new definition: "Health care incident' means a negligent act error or omission by your "employees" or "volunteer workers" working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities, or the related furnishing of food, beverages, medical supplies or appliances: a. Physician; b. Nurse; c. Emergency medical technician; d. Paramedic; e. Chiropractor, f. Dentist; g. Athletic trainer; h. Audiologist; i. Physical therapist; j. Psychologist* (1) The "bodily injury" is caused by an k. Speech therapist; "occurrence" that takes place in the 1. Other allied health professional; or it territory." For the purpose of p this insurance: G- 18652 -J (Ed. 07 -12) Page 7 of 12 Copyright, CNA All Rights Reserved. CNA G 2094794686 (Ed. d. 07 -1 07 -12) m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received. D. SECTION I — COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this incidental Health Care Malpractice Coverage: [This insurance does not apply to:] Dishonesty or Crime Any dishonest, criminal or malicious act, error or omission. Clinical Trials / Product Testing Acts, errors or omissions that occur in the course of human clinical trials or product testing. Medicare /Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any "health care incident" for which coverage is excluded by endorsement. E. SECTION V — DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of "insured contract": Paragraph f. does not include that part of any contract or agreement (4) Under which you assume another's tort liability for "bodily injury" arising out of the rendering of or failure to render professional health care services. F. SECTION II — WHO IS AN INSURED is amended to add the following provisions: 1. Your "employees" are insureds with respect to: a. "bodily injury" to a co "employee" while in the course of the co-"employee's" employment by you or while performing duties related to the conduct of your business; and b. "bodily injury" to a "volunteer worker" while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 2. Your "volunteer workers" are insureds with respect to: G- 18652 -J (Ed. 07 -12) Page 8 of 12 a. "bodily injury" to a co "volunteer worker" while performing duties related to the conduct of your business; and b. "bodily injury" to an "employee" while in the course of the "employee's" employment by you or while performing duties related to the conduct of your business; when such "bodily injury" arises out of a "health care incident." 3. Paragraphs 2.a. (1)(a), (b) and (c) of SECTION 11 — WHO IS AN INSURED do not apply to "bodily injury" for which insurance is provided this Provision 13. 4. Paragraph 2.a.(1)(d) of SECTION II — WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13., the following is added to Paragraph 4.b.(1) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: To the extent this insurance applies, it is excess over any of the other insurance (including qualified self insurance), whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. 14. JOINT VENTURES / PARTNERSHIP i LIMITED LIABILITY COMPANIES A. The following is added to SECTION Il — WHO IS AN INSURED: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period, but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; or c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program." Copyright, CNA All Rights Reserved. 2094794686 [Please see Item 26.C. of this endorsement for the definition of "consolidated (wrap -up) program. "] B. The last paragraph of SECTION II — WHO IS AN INSURED is deleted and replaced by the following: Except as provided under the Contractors' General Liability Extension Endorsement or by the attachment of another endorsement (if any), no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 15. LEGAL LIABILITY /ALIENATED PREMISES! BORROWED EQUIPMENT A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: [This insurance does not apply to:] j. Damage to Property "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you abandon, if the arises out of premises; sell, give away or "property damage" any part of those (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work." Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. G- 18652 -J (Ed. 07 -12) Page 9 of 12 G- 18652 -J (Ed. 07 -12) Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III —LIMITS OF INSURANCE. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations hazard." B. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in SECTION 111 — LIMITS OF INSURANCE. C. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to 3. above, $25,000 is the most we will pay under Coverage A for damages arising out of any one "occurrence" because of "property damage" to tools or equipment loaned to you by others that occurs while the equipment is being used to perform operations. D. Paragraph 6. Damage To Premises Rented To You Limit of SECTION III — LIMITS OF INSURANCE is replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under SECTION — I — COVERAGE A for damages because of "property damage" to any one premises while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. $500,000; or Copyright, CNA All Rights Reserved. G-1 8652-J I��A 2094794686 (Ed. 07 -12) b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(H) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (iii) That is property insurance for premises rented to you, for premises temporarily occupied by you with the permission of the owner, or for personal property of others in your care, custody or control; F. This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION — I — COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge, your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 17. LIQUOR LIABILITY Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under SECTION — I — COVERAGE C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.(3)(b) of SECTION I — COVERAGE C MEDICAL PAYMENTS, is replaced by the following: (b) The expenses are incurred and reported to us within three years of the date of the accident; and G- 18652 -J (Ed. 07 -12) Page 10 of 12 This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON -OWNED AIRCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft, Auto or Watercraft does not apply to an aircraft you do not own, provided that 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. The aircraft is rented to you with a trained, paid crew; and 3. The aircraft does not transport persons or cargo for a charge. 20. NON -OWNED WATERCRAFT Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is amended to delete subparagraph (2) of exclusion g. Aircraft, Auto or Watercraft and replace it with the following. [This exclusion does not apply to:] (2) A watercraft you do not own that is: (a) Less than 75 feet long; and (b) Not being used to carry persons or property for a charge. 21. PRIMARY AND NON - CONTRIBUTORY TO OTHERINSURANCE With respect to any person or organization that is an additional insured under this Coverage Part, the following is added to Paragraph 4. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you have agreed in writing in a contract or agreement that this insurance is primary and non - cantributory relative to an additional insured's own insurance, then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21., the additional insured's own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. 22. PROPERTY DAMAGE — ELEVATORS Copyright, CNA All Rights Reserved. G CNA 2094794686 (Ed. 07 -1 2) A. Under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE, Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product, and subparagraph (3), (4) and (6) of exclusion j. Damage to Property do not apply "property damage" that results from the use of elevators. B. With respect only to the coverage provided by this endorsement, Condition 4. Other 26. Insurance in SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.(1)(a)(v): 4. Other Insurance b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $5,000: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBGROGATION - BLANKET Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." G- 18652 -J (Ed. 07 -12) Page 11 of 12 However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. WRAP -UP EXTENSION: OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a "consolidated (wrap -up) insurance program" by applicable state statute or regulation: If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached to this policy, then the following changes apply: A. The following wording is added to the endorsement: With respect to a "consolidated (wrap -up) insurance program" project in which you are or were involved, this exclusion does not apply to those sums you become legally obligated to pay as damages because of. 1. "Bodily injury," "property damage," or "personal or advertising injury' that occurs during your ongoing operations at the project, or during such operations of anyone acting on your behalf; nor 2. "Bodily injury" or "property damage" included within the "products- completed operations hazard" that arises out of those portions of the project that are not "residential structures." B. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.(1)(c) to Condition 4. Other Insurance: [This insurance is excess over:] (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program," but only as Copyright, CNA All Rights Reserved. �A 2094794686 respects your involvement in that "consolidated (wrap -up) insurance program." C. SECTION V — DEFINITIONS is amended to add the following definition: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure" means any structure where 30 or more of the square foot area is used or is intended to be used for human All other terms and conditions of the Policy remain unchanged. G-1 8652-J (Ed. 07 -12) residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college /university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G- 18652 -J (Ed. 07 -12) Page 12 of 12 Material used with permission of ISO Properties, Inc Copyright, CNA All Rights Reserved. POLICY NUMBER: 2094528696 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "Insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.I. of Section It — Covered Autos Liability Coverage in the Business Auto and Motor Carder Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 EXHIBIT G Bond No. 106104063 CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Lloyd Enterprises, Inc. , ( "Principal ") and Travelers Casualty and Surely ComRany of America the undersigned corporation organized and existing under the laws of the State of Connecticut 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 Sixty -Eight Thousand One Hundred Nine Dollars and no /100 ($68.109.00 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into an Agreement with the City dated June 18 , 2014 for Toys R Us Building Demolition (RFB #14 -110) NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, 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 make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall 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 24th day of June 2014 . CORPORATE SEAL OF PRINCIPAL: PRINCIPAL Lloyd Enterprises, Inc. By: •r�— Its: f 34667 Pacific Hwy S., (Address) Federal Way, WA 98003 (253) 874 -6692 (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 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. CORPORATE SEAL OF SURETY: APP O ED AS TO F 04 4 Amy Jo Pears V, nterim ity Attorney Secretary of Assistant Secretary Travelers Casualty and Surety Company of America SURETY By: orney -in -Fact (Attach Power of Attorney) Julie R. Truitt, Attorney -in -Fact (Name of Person Executing Bond) 1501 Fourth Ave., Suite 1000 (Address) Seattle, WA 98101 (206) 326 -4290 (Phone) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • A POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 227923 Certificate No. 005885202 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Eric Zimmerman, Karen Swanson, Brent E. Heilesen, James B. Binder, Peter J. Comfort, Jennifer L. Snyder, Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Christopher Kinyon, Jamie Diemer, Amanda Rush, Casey Jackson, Joy Jennings, Leah Shamberg, Martha Juarez, Stephanie Hansen, Taylor Murray, Tabitha Tomlinson, Carley Espiritu, and Mandy Keltner of the City of Tacoma , State of Washington , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be Signed and their corporate seals to be hereto affixed, this 28th day of April 2014 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company G,.S U,� � F \RE 6• �,N IN,p '1 ,• N$�"'M. P 1Y ANp _c�1IY 4 P fZpRPORA)'�i Q�: n" S .0, i HARTWRD, i ? HIRIFDRA <O! 195 SEAT °1 ~ 1 a, �•• io1 �•.SSALi.t „ CONN. o �• � � 1896 -' �y`��aa � ti a �•." s b •. a e y . ti .� � "b n� � ^'„ ` 1S . ANS 1g •...�.... *a� bt '�a t � v9�" �1'i ANt� State of Connecticut City of Hartford ss. By: '44� Robert L. Raney, enior Vice President On this the 28th day of April 2014 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. C,Tl7 In Witness Whereof, I hereunto set my hand and official seal. * fl My Commission expires the 30th day of June, 2016. �'OUBU�ys* 58440 -8 -12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY Mane C. Tetreault, Notary Public IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fideli'3t and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company 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 in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this t day of _ dw -& 20 K JV Kevin E. Hughes, Assistant Sec tart' GI.SU,� Q,1n•• �F RE�6 �N •�Mg 'o +' �NSV"w \1Y qp0 Y�y� CIS )� CTV' ' y� QQ \, .... •G9 Jp........... 'Pgry "PORq OS D (1 �•`^��rurylrt� G N 1 4;' _ P W:w s t 9 s 2 0 1977 — f r _._ . o= a NAHTFORD, NhRTF6gD < n �4 'oi 7< y��S a 1951 EAI %ol otSBAL:'a CONN. R �n y y - F � y � ,n � o � 1 � � v:'••.,, • ,.'a° s sac a , To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. THIS POWER OF ATTORNEY I 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: 4/21/2014 Co_ unt Trade Job Classification Wage Holiday Overtime Note King Asbestos Abatement Workers Journey Level $41.69 5D 1 H King Boilermakers Journey Level $64.44 5N 1 C 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 5S 2F King Building Service Employees Traveling Waxer /Shampooer $21.00 55 2F King Building Service Employees Window Cleaner (Non- Scaffold) $24.29 5S 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 5D 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 1M 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 £k Tenders Diver $105.37 5D 1M 8A King Divers Et Tenders Diver On Standby $59.50 5D 1M King Divers B Tenders Diver Tender $54.82 5D 1M King Divers & Tenders Surface Rcv £t Rov Operator $54.82 5D 1M King Divers & Tenders Surface Rcv Et Rov Operator Tender $51.07 5A 1B King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Deckhand) $52.58 5D 3F https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 2 of 17 King Dredge Workers Boatmen $52.30 5D 3F King Dredge Workers Engineer Welder $54.04 5D 3F King Dredge Workers Leverman, Hydraulic $55.17 5D 3F King Dredge Workers Mates $52.30 5D 3F King Dredge Workers Oiler $52.58 5D 3F King Drywall Applicator Journey Level $50.82 5D 1H King Drvwalt Tapers Journey Level $50.87 5P 1E King Electrical Fixture Maintenance Journey Level $25.84 5L - 1E - Workers King Electricians - Inside Cable Splicer $65.69 7C 2W King Electricians - Inside Cable Splicer (tunnel) $70.52 7C 2W King Electricians - Inside Certified Welder $63.49 7C 2W King Electricians - Inside Certified Welder (tunnel) $68.10 7C 2W King Electricians - Inside Construction Stock Person $35.69 7C 2W King Electricians - Inside Journey Level $61.30 7C 2W King Electricians - Inside Journey Level (tunnel) $65.69 7C 2W King Electricians - Motor Shod Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $68.33 5A 4A King Electricians - Powerline Construction Certified Line Welder $62.50 5A - 4A - King Electricians - Powerline Construction Groundperson $42.56 5A 4A King Electricians - Powerline Construction Heavy Line Equipment Operator $62.50 5A 4A King Electricians - Powerline Construction Journey Level Lineperson $62.50 5A - 4A - King Electricians - Powerline Construction Line Equipment Operator $52.47 5A 4A King Electricians - Powerline Construction Pole Sprayer $62.50 5A - 4A - King Electricians - Powerline Construction Powderperson $46.55 5A - 4A - King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $80.14 7D 4A King Elevator Constructors Mechanic In Charge $86.77 7D 4A King Fabricated Precast Concrete All Classifications - In- Factory Work Only $15.25 5B 1 R Products King Fence Erectors Fence Erector $15.18 1 King Elaggers Journey Level $35.34 7A 31 King Glaziers Journey Level $53.76 7L 1y King Heat Et Frost insulators And Journeyman $58.93 5J is Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1E King Hod Carriers Et Mason Tenders Journey Level $42.99 7A 31 King industriat Power Vacuum Journey Level $9.32 1 https: / /for tress. wa. gov/ lnl /wagelookup /prvWagelookup.aspx 4/21/2014 Page 3 of 17 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 4/21/2014 Cleaner King Inland Boatmen Boat Operator $54.57 5B 1K King Inland Boatmen Cook $50.95 5B 1K King Inland Boatmen Deckhand $51.19 5B 1K King Inland Boatmen Deckhand Engineer $52.18 5B 1K King Inland Boatmen Launch Operator $53.40 5B 1K King Inland Boatmen Mate $53.40 5B 1K King Inspection/Cleaning /Sealing Of Cleaner Operator, Foamer Operator $31.49 1 Sewer Et 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 /Sealing Of Head Operator $24.91 1 - Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing 0 Technician $19.33 1 Sewer Et 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 31 King Laborers Airtrac Drill Operator $42.99 7A 31 King Laborers Ballast Regular Machine $41.69 7A 31 King Laborers Batch Weighman $35.34 7A 31 King Laborers Brick Pavers $41.69 7A 31 King Laborers Brush Cutter $41.69 7A 31 King Laborers Brush Hog Feeder $41.69 7A 31 King Laborers Burner $41.69 7A 31 King Laborers Caisson Worker $42.99 7A 31 King Laborers Carpenter Tender $41.69 7A 31 King Laborers Caulker $41.69 7A 31 King Laborers Cement Dumper - paving $42.46 7A 31 King Laborers Cement Finisher Tender $41.69 7A 31 King Laborers Change House Or Dry Shack $41.69 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $42.46 7A 31 King Laborers Choker Setter $41.69 7A 31 King Laborers Chuck Tender $41.69 7A 31 King Laborers Clary Power Spreader $42.46 7A 31 King Laborers Clean -up Laborer $41.69 7A 31 King Laborers Concrete Dumper /chute $42.46 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 4/21/2014 Page 4 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Operator King Laborers Concrete Form Stripper $41.69 7A 31 King Laborers Concrete Placement Crew $42.46 7A 31 King Laborers Concrete Saw Operator /core Driller $42.46 7A 31 King Laborers Crusher Feeder $35.34 7A 31 King Laborers Curing Laborer $41.69 7A 31 King Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $41.69 7A 31 King Laborers Ditch Digger $41.69 7A 31 King Laborers Diver $42.99 7A 31 King Laborers DritlOperator (hydraulic, diamond) $42.46 7A 31 King Laborers Dry Stack Walls $41.69 7A 31 King Laborers Dump Person $41.69 7A 31 King Laborers Epoxy Technician $41.69 7A 31 King Laborers Erosion Control Worker $41.69 7A 31 King Laborers Faller Et Bucker Chain Saw $42.46 7A 31 King Laborers Fine Graders $41.69 7A 31 King Laborers Firewatch $35.34 7A 31 King Laborers Form Setter $41.69 7A 31 King Laborers Gabian Basket Builders $41.69 7A 31 King Laborers General Laborer $41.69 7A 31 King Laborers Grade Checker Et Transit Person $42.99 7A 31 King Laborers Grinders $41.69 7A 31 King Laborers Grout Machine Tender $41.69 7A 31 King Laborers Groutmen (pressure)including Post Tension Beams $42.46 7A 31 King Laborers Guardrail Erector $41.69 7A 31 King Laborers Hazardous Waste Worker (level A) $42.99 7A 31 King Laborers Hazardous Waste Worker (level B) $42.46 7A 31 King Laborers Hazardous Waste Worker (level C) $41.69 7A 31 King Laborers High Scaler $42.99 7A 31 King Laborers Jackhammer $42.46 7A 31 King Laborers Laserbeam Operator $42.46 7A 31 King Laborers Maintenance Person $41.69 7A 31 King Laborers Manhole Builder - mudman $42.46 7A 31 King Laborers Material Yard Person $41.69 7A 31 King Laborers Motorman -dinky Locomotive $42.46 7A 31 King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et $42.46 7A 31 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 5 of 17 https:Hfortress.wa.gov/lnl/wagelookup/prvWagelookup.aspx 4/21/2014 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $42.46 7A 31 King Laborers Pilot Car $35.34 7A 31 King Laborers Pipe Layer Lead $42.99 7A 31 King Laborers Pipe Layer /tailor $42.46 7A 31 King Laborers Pipe Pot Tender $42.46 7A 31 King Laborers Pipe Reliner $42.46 7A 31 King Laborers Pipe Wrapper $42.46 7A 31 King Laborers Pot Tender $41.69 7A 31 King Laborers Powderman $42.99 7A 31 King Laborers Powderman's Helper $41.69 7A 31 King Laborers Power Jacks $42.46 7A 31 King Laborers Railroad Spike Puller - Power $42.46 7A 31 King Laborers Raker - Asphalt $42.99 7A 31 King Laborers Re- timberman $42.99 7A 31 King Laborers Remote Equipment Operator $42.46 7A 31 King Laborers Rigger /signal Person $42.46 7A 31 King Laborers Rip Rap Person $41.69 7A 31 King Laborers Rivet Buster $42.46 7A 31 King Laborers Rodder $42.46 7A 31 King Laborers Scaffold Erector $41.69 7A 31 King Laborers Scale Person $41.69 7A 31 King Laborers Sloper (over 20 ") $42.46 7A 31 King Laborers Sloper Sprayer $41.69 7A 31 King Laborers Spreader (concrete) $42.46 7A 31 King Laborers Stake Hopper $41.69 7A 31 King Laborers Stock Piler $41.69 7A 31 King Laborers Tamper Et Similar Electric, Air Et Gas Operated Tools $42.46 7A 31 King Laborers Tamper (multiple Et Self- propelled) $42.46 7A 31 King Laborers Timber Person - Sewer (lagger, Shorer Et Cribber) $42.46 7A 31 King Laborers Toolroom Person (at Jobsite) $41.69 7A 31 King Laborers Topper $41.69 7A 31 King Laborers Track Laborer $41.69 7A 31 King Laborers Track Liner (power) $42.46 7A 31 King Laborers Traffic Control Laborer $37.79 7A 31 8R King Laborers Traffic Control Supervisor $37.79 7A 31 8R King Laborers Truck Spotter $41.69 7A 31 King Laborers Tugger Operator $42.46 7A 31 King Laborers Tunnel Work- Compressed Air Worker 0 -30 psi $60.06 7A 31 8C King Laborers Tunnel Work- Compressed Air $65.09 7A 31 8 https:Hfortress.wa.gov/lnl/wagelookup/prvWagelookup.aspx 4/21/2014 Page 6 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Worker 30.01 -44.00 psi King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $68.77 7A 31 King Laborers Tunnel Work - Compressed Air Worker 54.01 -60.00 psi $74.47 7A 31 8Q King Laborers Tunnel Work-Compressed Air Worker 60.01 -64.00 psi $76.59 7A 31 8� King Laborers Tunnel Work - Compressed Air Worker 64.01 -68.00 psi $81.69 7A 31 King Laborers Tunnel Work - Compressed Air Worker 68.01 -70.00 psi $83.59 7A 31 King Laborers Tunnel Work - Compressed Air Worker 70.01 -72.00 psi $85.59 7A 31 8�C King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $87.59 7A 31 King Laborers Tunnel Work -Guage and Lock Tender $43.09 7A 31 8� King Laborers Tunnel Work -Miner $43.09 7A 31 8S King Laborers Vibrator $42.46 7A 31 King Laborers Vinyl Seamer $41.69 7A 31 King Laborers Watchman $32.12 7A 31 King Laborers Welder $42.46 7A 31 King Laborers Well Point Laborer $42.46 7A 31 King Laborers Window Washer /cleaner $32.12 7A 31 King Laborers - Underground Sewer General Laborer Et Topman $41.69 7A - 31 - £t Water King laborers - Underground Sewer Pipe Layer $42.46 7A 31 Et 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 Marbte Setters Journey Level $50.12 5A 1M King Metal Fabrication (in Shop) Fitter $15.86 1 King Metal Fabrication (in Shop) Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication fin Shop) Painter $11.10 1 King Metat Fabrication (In Shop) Welder $15.48 1 King Mittwright Journey Level $51.92 5D 1M King Modular Buitdings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modutar Buitdings Equipment Maintenance $11.56 1 King Modutar Buildings Plumber $11.56 1 King Modular Buitdings Production Worker $9.40 1 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 7 of 17 King Modular SLIildinu Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $37.80 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 7g 1R King Playground Et Park Equipment Journey Level $9.32 1 Installers King Plumbers Et Pipefitters Journey Level $73.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $50.22 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $53.00 7A 3C 8P King Power Equipment Operators Bobcat $50.22 7A 3C 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 I 3C 8P https:// fortress. wa. vov/ lni /waaelookUD /DrvWaaelookuD.asnx 4/21 /2014 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 3C 8P King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer /deck Winches (power) $53.00 7A 3C 8P King Power Equipment Operators Derricks, On Building Work $53.49 7A 3C 8P 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 3C 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 Et 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 Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $53.00 7A 3C 8P King Power Equipment Operators Gradechecker /stakeman $50.22 7A 3C 8P 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 3C 8P King Power Equipment Operators Hydratifts /boom Trucks Over 10 Tons $52.58 7A 3C 8P King Power Equipment Operators Hydratifts /boom Trucks, 10 Tons And Under $50.22 7A 3C 8P 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 https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21 /2014 Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.00 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 Et Mulch Seeding Operator $50.22 7A 3C 8P 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 3C 8P King Power Equipment Operators Pavement Breaker $50.22 7A 3C 8P 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 Equipment 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 3C 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 3C 8P 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 3C 8P King Power Equipment Operators Rollagon $53.49 7A 3C 8P King Power Equipment Operators Roller; Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators 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 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 8P King Power Equipment Operators Scrapers - Concrete Et Carry All $52.58 7A 3C 8P King Powe! Equipment Operators Scrapers, Self - propelled: 45 $53.49 7A 3C 8P https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 10 of] 7 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Yards And Over King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 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 813 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 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 8P 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 Et Screedman $53.49 7A 3C 8P King Power Equipment Qperators Subgrader Trimmer $53.00 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $52.581 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 $53.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 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 & Water King Power Equipment Operators- Assistant Engineer $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Batch Plant Operator, Concrete $53.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Bobcat $50.22 7A — 3C — 8P — Under round Sewer Et Water King Power Equipment Operators_ Brokk - Remote Demolition Equipment $50.22 7A — 3C — 8P — Underground Sewer It Water King Power Equipment Operators Brooms $50.22 7A — 3C — 8P — lJnd ! i3unr Sewer Et Water https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 11 of 17 King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cableways $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $53.49 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Concrete Finish Machine -laser Screed $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Conveyors $52.58 7A — 3C — 8P — Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: A -frame - 10 Tons And Under $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Friction 100 Tons Through 199 Tons $54.61 7A — 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A — 3C — 8P — Underground Sewer Et Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $55.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer /deck Winches (power) $53.00 7A 3C — 8P Underground Sewer ft Water King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 12 of 17 https://fortress.wa.gov/lni/wagelookup/prvWageIookup.aspx 4/21/2014 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 Et Water King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $50.22 7A 3C 8P Underground Sewer It 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 £t 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 Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $53.49 7A 3C 8P Underground Sewer £t 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 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks Over 10 Tons $52.58 7A 3C 8P 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 £t Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $53.49 7A 3C 8P 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 3C 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $53.00 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Material Transfer Device $53.00 7A — 3C — 8P — Underground Sewer Et eater King Powffi _ �e� rators_ Mechanics, All (leadmen - $54.04 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWageIookup.aspx 4/21/2014 Page 13 of 17 https: // fortress .wa.gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Underground Sewer a Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader - Non- finishing $52.58 7A — 3C — 8P — Underground Sewer Ft Water King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A — 3C — 8P — Underground Sewer tt Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $53.49 7A 3C 8P Underground Sewer It 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 Et Water King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A 3C 8P Underground Sewer a 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 £t Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $52.58 7A - 3C 8P Underground Sewer Ft Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer F± Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer it Water King Power Equipment Operators- Pumps - Water $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $53.49 7A 3C 8P Underground Sewer 8: Water King Power Equipment Operators- Rigger And Bellman $50.22 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roto -milt, Roto - grinder $53.00 7A — 3C — 8P — Underground Sewer It Wate= King Power Equipment Operators- Saws - Concrete $52.58 7A 3C 8P https: // fortress .wa.gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 14 of 17 https: // fortress. wa. gov/ lnl /wagelookup /prvWagelookui).asl)x 41?1 /,)()1 11 Underground Sewer & 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 & Water King Power Equipment Operators- Shotcrete /gunite Equipment $50.22 7A — 3C — 8P Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 813 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 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 8P Underground Sewer a 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- Stipform Pavers $53.49 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Spreader, Topsider Et Screedman $53.49 7A 3C 8P 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 3C 8P Underground Sewer Et Mater King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer- a Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A 3C 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 & Water King Power Equipment Operators_ Wheel Tractors, Farmatt Type $50.22 7A — 3C — 8P — Underground Sewer Et Water King Power ip ent Operators_ Yo Yo Pay Dozer $53.00 7A 3C 8P https: // fortress. wa. gov/ lnl /wagelookup /prvWagelookui).asl)x 41?1 /,)()1 11 Page 15 of 17 https: / /fortress. wa.2ov /lni /waLelookun /nrvW, aeloc)k„n Underground Sewer & Water King rower Line Clearance Tree Journey Level In Charge $44.86 5A - 4A - Trimmers King Power Line Clearance Tree Trimmers Spray Person $42.58 5A I - 4A - King Pourer Line Clearance Tree Tree Equipment Operator $44.86 5A - 4A - Trimmers King Pourer Line Clearance Tree Tree Trimmer $40.08 5A - 4A - Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $30.20 5A - 4A - Trimmers King Refrigeration & Air Conditioning Mechanics Journey Level $72.46 6Z - 1 G - King Residential Brick Mason Journey Level $50.12 5A 1M King Residential Car ep nters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators icators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $50.87 5P 1E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $36.20 7L 1 H King Residential Insulation AWlicators 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 €t Pipefitters Journey Level $34.69 1 King Residential Refrigeration £t Air Journey Level $72.46 6Z 1G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.84 7F 1R King Residential Soft Floor Layers Journey Level $42.15 5A 3D King Residential Sprinkler Fitters Journey Level $42.48 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 $44.71 5A 3H King Roofers Using Irritable Bituminous Materials $47.71 5A 3H King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1 E King Shipbuilding Et Ship Repair Boilermaker $40.12 7M 1H King Shipbuilding 8t ShipjRepair Carpenter $38.24 70 3B King Shipbuilding 6t Ship Repair Electrician $37.80 70 313 King Shipbuilding Ftit Ship Repair Heat &t Frost Insulator $58.93 5J 1S https: / /fortress. wa.2ov /lni /waLelookun /nrvW, aeloc)k„n Page 16 of 17 King Shipbuilding Et Ship Repair Laborer $36.78 70 313 King Shipbuilding Et Ship Repair Machinist $37.81 70 313 King Shipbuilding Et Ship Repair Operator $40.15 70 36 King Shipbuilding Et Ship Repair Painter $37.79 70 3B King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.74 70 3B King Shipbuilding Et Shin Repair Sandblaster $36.78 70 313 King Shipbuilding Et Ship Repair Sheet Metal $37.74 70 3B King Shipbuilding Et Ship RejDair Shipfitter $37.74 70 3B King Shipbuilding Et Ship Repair Trucker $37.59 70 3B King Shipbuilding Et Ship Repair Warehouse $37.64 70 3B King Shipbuilding E Ship Repair Welder /Burner $37.74 70 3B King Sign Makers Et installers {Electrical} Sign Installer $22.92 1 King Sion Makers Et Installers (Electrical} Sign Maker $21.36 1 King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical) King Soft Floor Layers Journey Level $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 Structurat} 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 3C 8P King Surveyors Chainman $52.06 7A 3C 8P 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 213 Outside King Telephone Line Construction - Special Aparatus Installer 1 $36.01 5A - 2B - Outside 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 - Outside King ITelephone i -ine Cor •t;_c.:ction _ Telephone Equipment Operator $33.47 5A 2B https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 4/21/2014 Page 17 of 17 https:H fortress. wa. gov/ lnl /wagelookup /prvWagelookup.aspx 4/21/2014 Outside (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 — Outside King Telephone Line Construction - Television System Technician $30.20 5A — 2B — Outside King Telephone Line Construction - Television Technician $27.09 5A — 2B — Outside King Telephone Line Construction - Tree Trimmer $33.47 5A — 2B — Outside King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble tt Terrazzo Finishers Finisher $37.79 5A — 1B — King Traffic Control Stripers Journey Level $42.33 7A 1 K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $48.87 5D 3A 8L King Truck Drivers Asphalt Mix To 16 Yards (W. WA -Joint Council 28) $48.03 5D 3A 8L King Truck Drivers Dump Truck 8t Trailer $48.87 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $48.03 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $48.87 5D 3A 8L King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers & Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Ft Irrigation Pump Welt Driller $18.00 1 Installers https:H fortress. wa. gov/ lnl /wagelookup /prvWagelookup.aspx 4/21/2014 EXHIBIT I TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non - discrimination in federally assisted programs of United States Department of Transportation ( USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non - discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub - contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non - compliance In the event of the contractor's non - compliance with the non - discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. • Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States.