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AG 14-135RETURN TO: �SS /cwt EXT: �1-740 / CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / Sly, frA-- L*27e A1.�/AyE.�IEM� 2. ORIGINATING STAFF PERSON: ��i{ly b0Uwm- 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 o HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • )RDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #): �%' /3S" Wk ❑ INTERLOCAL ❑ OTHER • PROJECT 49anj ac kt&as ./ irw, .k .i L_.1 i..r/. 6. NAME O ADDRESI E —MAIL: SIGNATL 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 # /f ft/#W& 00 BL, EXP. 12 /31 /jy UBI # 6w Jt 7O57 7 , EXP. l�VjL 8. TERM: COMMENCEMENT DATE: -9 15 I?O1 COMPLETION DATE: 9. TOTAL COMPENSATION: $ it p �`O5 -Y Alt /. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHED LES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES &/NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: WYES ❑ NO IF YES, $ PAID BY: C!r'CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 06. Yy04. /3% S9S. 30.6/0 10. DOCUPENT /CONTRACT REVIEW 9 PROJECT MANAGER ❑ DIVISION MANAGER d DEPUTY DIRECTOR P'DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) V LAW DEPT INITIAL / D TE REVIEWED 9 x Aoiy 11. COUNCIL APP OVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: NA N14 12. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) / CITY CLERK / C,d ASSIGNED AG # Q/ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: �✓ 4 AG #3 DATE SENT: W/d/,4- dl c ' Ne COMMENTS: EXECUTE ORIGINALS 40ac r W-it i AMA DATE REC'D: 11/9 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #: 14 -135 1 09/22/2014 PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER 10110110.10, Asbestos Abatement and Demolition of Buildings At 28866 Pacific Highway South R.L. Clearing & Excavating, Inc. PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order No. 1 covers the addition of the cost of a performance bond obtained by the contractor. The contract was originally intended to be a Limited Public Works Contract, however the total dollar cost of all requested bids exceeded the Limited Public Works Contract limit of $35,000. The bid documents did not specifically state that the contract would require a performance bond if the dollar value of the contract exceeded $35,000 and the cost of the bond was not included in any Contractor bids. The additional cost breakdown is as follows: Description Amount Performance Bond $1,275.00 Bond administration $191.25 Sales Tax (9.5 %) $139.29 Total $1,605.54 The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by 0 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 $ 1,605.54 DECREASE $ TOTAL NET CONTRACT: INCREASE $ 1.605.54 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. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $42,516.22 PREVIOUS CHANGE ORDERS $ 0.00 THIS CHANGE ORDER $ 1,605.54 NEW CONTRACT AMOUNT $44,121.76 � /Y'O' � C1 a3IIq CTO GNATURE DATE 3 1,y AN SALLOUM, P.E. DATE WORKS DIRECTOR RETURN TO: , f �sS1Ut EXT: 41&( CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIv: 2. ORIGINATING STAFF PERSON: la //GQ� EXT: �W3 3. DATE REQ. BY: I 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)� El 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 . ►. L— :r:;il�a!_ i.[ fir, r Asa `' / ate/ .r •..• .11 !_r! 6. NAME o ADDRES: E -MAIL: SIGNATU 7. EXHIBITS AND ATTACHMENTS: g SCOPE, WORK OR SERVICES PI COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # I4 !IS IDS422 00 BL, EXP. 12/31/ UBI # tocl8t -t OS 7 , EXP. 7 /31 / IS 8. TERM: COMMENCEMENT DATE: Z*IC, 466 6D COMPLETION DATE: `Z 1z 9. TOTAL COMPENSATION: $ iga � _ 6sg.' = � _ 94- (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHAR E - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES Ee<O IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: V LINO IF YES, $ 3(iS$. 6Z PAID BY: CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: � p AAM . 13�q . 5CS 39 Lot 10. DOCUMENT/ CONTRACT REVIEW PROJECT MANAGER ❑ DIVISION MANAGER E( DEPUTY DIRECTOR d IRECTOR RISK MANAGEMENT (IF APPLICABLE) VLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / D T REVIEWED INITIAL / DATE APPROVED 12. CONTRACT SIGNATURE ROUTING rK SENT TO VENDOR/CONTRACTOR DATE SENT: /! ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS fffff ".WA �• LAW DEPT /❑ �pCf. Vi or §IGNATORY (MAYOR OR DIRECTOR) AITY CLERK SSIGNED AG # +❑ SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL DATE REC'D: EXECUTE r kr s '1L-:_ /i� A> W 22t & a► & Jr..lnO 3. [ .w. _X2'1 S _ ,r T* mid / V.. . 71i / -r 11/9 SMALL PUBLIC WORKS CONTRACT FOR ASBESTOS ABATEMENT AND DEMOLITION OF BUILDINGS AT 28866 PACIFIC HIGHWAY SOUTH This small public works contract ( "Contract ") is dated effective this h day of Se embe,c - 20 14 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and R.L. Clearing & Excavating, 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 28866 Pacific Highway 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 Asbestos Abatement and Demolition of Buildings at 28866 Pacific Highway South 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 15th day of October, 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 Rev 12/08 — 1 — administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C 'T where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated 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. Rev 12/08 - 2 - 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 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 15th day of October 2014, and the expiration of all warranties contained in the Contract Documents ( "Term "). 3. WARRANTY 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. Rev 12/08 - 3 - 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. 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 thirty -eight thousand, eight hundred and twenty -seven and 60/100 Dollars ($38,827.60), and Washington State sales tax equal to three thousand, six hundred eighty -eight and 62/100 Dollars ($3,688.62), for a total amount not to exceed forty -two thousand, five hundred and sixteen and 22/100 Dollars ($42,516.22), 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 Pam. 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: Tony Doucette 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 Rev 12/08 - 4 - 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 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 Rev 12/08 - 5 - with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 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. 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: Rev 12/08 - 6 - (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. (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. (5) Pollution liability insurance covering remediation and disposal work with limits no less than $1,000,000 per claim and $2,000,000 aggregate limit. 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. Rev 12/08 - 7 - 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. 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 Rev 12/08 - 8 - 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 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 Roorting 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 Rev 12/08 - 9 - 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 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: Rev 12/08 - 10 - 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. 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 Rev 12/08 - 11 - 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 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 e im Fe ell, Mayor 33325 th 8 Avenue South Federal Way, WA 98003 -6325 APPROVED AS TO FORM: ATTEST: . &Av, Interim City Attorney, Amy Jo Pearsall *ityrk 3fephay4e, V. C'ca Rev 12/08 - 13 - R.L. Clearing & Excavating, Inc. By: AV o Russ Lloyd, President P.O Box 1046 Auburn, WA 98074 (253) 735 -1800 STATE OF WASHINGTON) ss. COUNTY OF �� c On this day personally appeared before me Russ Lloyd, to me known to be the President of R.L. Clearing & Excavating, 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 corporate seal of said corporation. %%0esr# GIVEN my. Irfd1 seal this day of /44-tw , 20 � 4 NOTARY PUBLIC ft (typed /printed name of notary) Notary Public in and for the State of Washington. WASN� �� My commission expires -7120(2015 #Mlls N��� Rev 12/08 — 14 — d L I b EXHIBIT A SCOPE OF WORK Contractor's responsibilities: • Contractor to provide all equipment, labor and materials necessary to demolish and dispose of the former 2,040 square foot single family house, attached 1,150 square foot commercial space, and 440 square foot detached garage at 28866 Pacific Highway South. All work to be performed in compliance with City and State codes and regulations. • Remove and properly dispose of Asbestos - Containing Building materials in accordance with Washington State Regulation 296 -155 WAC, Part S. Known quantities are described in the Asbestos and Lead Waste Stream Survey completed by NOW Environmental Services, Inc. dated July 15, 2013. The abatement shall be performed using Certified Asbestos Works under the direct - onsite supervision of a Certified Asbestos Supervisor in accordance with 296 -65 WAC. • Demolition and removal of all structures onsite. Remove wood framed house, deck, stairway, attached commercial space, awning, and detached garage. • Demolish and remove concrete floors and foundations. Demolish and remove deteriorated asphalt behind house. • Decommission side sewer connection, cut and cap the connection at the adjacent test tee at NE corner of property. • All perimeter block and concrete walls are to be protected in place and remain. The asphalt driveway on the north side of the house with access to Pacific Highway South is to remain. • 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 work shall be completed by October 15t ", 2014. City responsibilities: • Coordination of City demolition permit • Coordination of utility removal except for the side sewer connection mentioned above. Rev 12/08 - 15 - SPECIFICATIONS A. All work shall be performed under the supervision of an experienced lead with limited City oversight. The Contractor's 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. 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 property at 28866 Pacific Highway South. C. Contractor will ensure employees will comply with all applicable City of Federal Way and Washington State regulations and practices with respect to the work performed for the City of Federal Way. All personnel shall be trained in the proper safety practices uses 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 Public Works Surface Water Management Division (253) 835 -2700. 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 accidents 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. I. The Contractor, at his or her expense, will remedy any damage to Pacific Highway South as a result of demolition activities in a timely manner. 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 A56 lw tae Contractor 1K%— O tWt m Bid No. City Representative Project Authority __C Date';12s/t '941.: l Alt W-1 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 60.28.010 I hereby notify the City of Federal Way of my instructions ❑ to inves not to invest the retainage withheld under the terms of this contract. If the investment option is select d, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contractor: By: Address: Contact Person: Date: Title: Phone: Fed ID #: Est. Completion Date: CITY APPROVAL 9` _ Approval of Investment Program and Retainage Agreement i ance Director Date CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: {v, pub' AwO lftotAM RrNdnS 2Wbil (Anti Fie JAtuZk So 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 RETAINAGE BOND TO CITY OF FEDERAL WAY ASBESTOS ABATEMENT AND DEMOLITION OF BUILDINGS AT 28866 PACIFIC HIGHWAY SOUTH KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, , as principal ( "Principal'), and a Corporation organized and existing under the laws of the State of , 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: ($ ) 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 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 %), 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 may be due from said Principal. Every person performing labor 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 $ ; 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 terns 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 terns 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 Retainage Bond in a like amount, such increase, however, not to exceed twenty -five percent (25 %) 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 day of 20_, 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: PRINCIPAL By: Title: Address: CORPORATE SEAL: SURETY By: Attomey -in -Fact (Attach Power of Attorney) Title: Address: 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. Secretary of Assistant Secretary APPROVED AS TO FORM: Amy Jo Pearsall, Interim City Attorney lu 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 33325 8th Avenue South Federal Way, WA 98003 �ss �l H cl 12 L (Contr ctor or subcontraa6 or) gl2g( 14 _ Date Client#: 17856 RLCLEARI ACORD. CERTIFICATE OF LIABILITY INSURANCE =8/28/2014 YYY) 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 NAME: NTA T Amanda Rush PHONE 800.499.0933, No ; 866.577.1326 Ext Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 -Mai ADDRESS: atr@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED INSURER B: American Casualty Co of Reading MED EXP (Any one person) R.L. Clearing &Excavating Inc PO Box 1046 INSURER C $1,000,000 Auburn, WA 98071 INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC JECT INSURER E: $1,000,000 INSURER F: $ B 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MMIDD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x1 OCCUR X PD Ded $2,000 X 1029711069 4/15 12014 04/151201 EACH OCCURRENCE $1,000,000 PREMISES ERENTED r nce $100,000 MED EXP (Any one person) $5,000 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 $1,000,000 $ B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS 1029711072 1512014 04/15/2015 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 1029711086 4/15/2014 04/151201 EACH OCCURRENCE $1,000,000 AGGREGATE $1.000.000 DED I X RETENTION $10,000 $ • WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 1029711069 15/2014 04/15/201 WC STATU- X OTH- E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 • Leased & Rented Equipment 1029711069 4115/2014 04/15/2015 $150,000 $1,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Asbestos Abatements & Demolition of Buiidlings at 28866 Pacific Highway S. City of Federal Way; SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The city, it's officials, employees, agents ACCORDANCE WITH THE POLICY PROVISIONS. & volunteers 33325 8th Avenue S AUTHORIZED REPRESENTATIVE Federal Way, WA 98003 ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1488629/M1409069 ATR00 This page has been left blank intentionally. R.L. Clearing & Excavating Inc OVA 1029711069 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.I. 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. C WA 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. E-132297-D98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Each Pollution Incident Limit $1'000'000 Pollution Liability Aggregate Limb $2'000'000 Property .Damage Deductible $NomE Each Pollution Incident (if no entry appears in the space above for property nod�uubb�a�N��t��v�a�provided byth�amdonnement.) - This endorsement modifies several sections of the Commercial General Liability Coverage pani These modifications apply only »m the coverage provided by this endorsement I. Exclusion f� Pollution, under Exclusions of Section I — Coverage A — Bodily Injury And Property Damage, is amended as follows: A. Paragraphs (1)(a)(il) and (1)(e) are deleted. B. pa (1)(d) is deleted and replaced by the (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insunud's behalf are performing operations. 2. The following ia added hu COVERAGES (Section Q: COVERAGE D. LIMITED POLLUTION COVERAGE Y. Insuring a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" which directly results from a covered "pollution incident" to which this insurance applies. We will have the right and duty to defend any "suit'seeking those damages. We may at our discretion investigate any "pollution incident" and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in SECTION NN — LIMITS OF INSURANCE of this endorsement; and (2) Our right duty tn defend end when m/a have used up the applicable limit of insurance in the payment Of judgments or settlements. E-132287-D00 CM We have no duty to defend "suits' seeking damages not covered by this Nu other obligation or liability to pay sums or perform ants or services 1a covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS — COVERAGES A, B, AND D as emended by this endorsement. b. This insurance applies to "bodily injuq/' or "property damage" only if the "bodily injury'or "property damage" directly results from a "tmUuUon incident." including a "pollution incident" that roauke directly from the excavation or transportation of "contaminated soil-" The "pollution incident" must: (1) "commence during the policy period" (2) take planonmfrom a "work site" in the ^covanageterritoryp;and (3) be accidental. A "pollution incident" resulting directly from "contaminated soil" will be deemed accidental if you or any subcontractor working directly or indirectly on your behalf did not know the soil was "contaminated soil." "Commences that the first emission, discharge, release or escape of the "pollutant or "pollutants" from which the "bodily injury" or "property damage" arises is demonstrable as having occurred during this policy period. u. All "bodily ir;un/' or "property dam resulting from one "pollution incident!' shall be deemed to have occurred only at the Page 1 of 4 commencement date of the covered "pollution Incident." d. Damages because of „bodily injury„ include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the "bodily injury." 2. Exclusions. The insurance provided by this endorsement does not apply to: a. "Bodily injury" or "property damage" expected or reasonably foreseeable from the standpoint of the insured. b. "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. c. Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. d. "Bodily injury" to: (1) An employee of the insured arising out of and in the course of. (a) employment by the insured; or (b) performing duties related to the conduct of the insured's business. (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. e. "Property damage" to: (1) A "waste facility" to which waste from the operations of an insured is consigned; (2) Property you own, rent, or occupy now or at any time in the past; (3) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (4) Property loaned town insured; or G- 132297 -D99 (Ed. 07/05) G- 132297 -D99 (Ed. 07/05) (5) Personal property in care, custody or control of an insured. f. "Bodily injury" at or from a "waste facility" to which waste from the operation of an insured is consigned. g "Bodily injury or "property damage" arising out of a "pollution incident" at or from a "work site " which is a "waste facility." h. "Bodily injury„ or "property damage" included within the "products- completed operations hazard." i. "Bodily injury" or "property damage" arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. j. "Bodily injury " or "property damage "' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." k "Bodily injury" or "property damage" arising out of the emission, discharge, release or escape of drilling fluid, oil, gas or other fluids from any oil, gas, mineral, water or geothermal well. 1. "Bodily injury" or "property damage" arising out of a "pollution incident" which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation, ordinance, directive or order relating to the protection of the environment and promulgated by any governmental body, provided that failure to comply is a willful or deliberate act or omission of. (1) The insured; or (2) You or any of your members, partners, executive officers or managers of limited liability companies_ m. "Bodily injury" or "property damage" arising out of acid rain_ n. "Bodily injury" or "property damage" arising out of (1) The transportation of "mobile equipment" by "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a Page 2 of 4 0 N 0 0 prearranged racing, speed or demolition contest or in any stunting activity. o. Any loss, cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean -up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the affects of "pollutants" at any site which is included on an EPA or state environmental agency priority clean -up list prior to the "pollution incident." p "Bodily injury," "property damage" or "preventive remedial expense" arising out of. (1') the actual, alleged or threatened exposure at any time to asbestos or any loss, cost, or expense that may be awarded or incurred by reason of a claim or "suit" for such injury or damage; or (2) complying with a governmental direction or request to test for, monitor, clean -up, remove; contain, or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time: (1) Airborne as a fiber, particle, or dust; (2) Contained in or formed a part of a product, structure, or other real or personal property; (3) Carried on clothing; (4) Inhaled or ingested; or (5) Transmitted by any other means. q. Any multiple, punitive or exemplary damages or fines or penalties. However, if a "suit" is brought against the insured with respect to a claim for acts or alleged acts falling within the coverage hereof, seeking both compensatory and punitive or exemplary damages, then we will afford a defense to such action, without liability for such punitive or exemplary damages. r. Any loss, cost or expense arising out of any request, demand, order or "suit" by a designated natural resource trustee or other person vested with the authority under any federal or state statute to make such claims, that any insured or others assess, replace, restore or rehabilitate natural resources, or in any way provide compensation for "property damage" to natural resources due to the effects of "pollutants." s. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or G- 132297 -D99 (Ed. 07/05) G- 132297 -D99 (Ed. 07/05) others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants "; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants." However, this exclusion does not apply to liability for damages because of "property damage" that is not otherwise excluded by this coverage part, Coverage D. B. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended to: SUPPLEMENTARY PAYMENTS — COVERAGES A, B AND D C. SECTION If — WHO IS AN INSURED is amended as follows: 1. The following additional subparagraph is added to paragraph 3. of SECTION Ii — WHO IS AN INSURED as 3.d.: Coverage D does not apply to "bodily injury" or "property damage" arising out of "pollution incidents" that occurred before you acquired or formed the organization. 2. The following additional paragraph is added at the end of SECTION If — WHO IS AN INSURED: No person or organization identified as an insured on any endorsement now or hereafter attached to this Coverage Part is an insured with respect to COVERAGE D — LIMITED POLLUTION COVERAGE — WORK SITES, unless that endorsement specifically references Limited Pollution Coverage — Work Sites coverage by name. D. SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: LIMITS OF INSURANCE 1. The Limits of Insurance described in the Schedule of the Limited Pollution Coverage — Worksite endorsement, and the rules below fix the most we will pay regardless of the number of a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 2. The Pollution Liability Aggregate Limit is the most we will pay for all damages because of all "bodily Page 3 of 4 injury" and "property damage" directly resulting from all "pollution incidents' to which this endorsement, COVERAGE D, applies. 3. Subject to 2. above, the Each Pollution Incident Limit shown in the Schedule is the most we will pay for the sum of all damages because of all "bodily injury„ and "property damage" directly resulting from any one "pollution incident" to which this endorsement, COVERAGE D, applies. 4. The Limits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. 5. The Limits of insurance for this coverage are separate from and not subject to the General Aggregate Limit for Coverages A., B and C of this policy. 6. The Limits of Insurance for this coverage shall not be amended by any endorsement attached to this policy which does not specifically reference Limited Pollution Coverage -Work Sites. Deductible 1. Our obligation under this endorsement to pay damages for "property damage" on your behalf applies only to the amount of damages in excess of any deductible amount stated in the schedule of this endorsement as applicable to Each Pollution Incident. Neither the Each Pollution Incident Limit nor the Pollution Liability Aggregate Limit will be reduced by the application of such deductible amount_ 2. The terms of this insurance, including those with respect to: a. Our right and duty to defend any "suits" seeking those damages; and b. Your duties in the event of an "occurrence," claim, or suit apply irrespective of the application of the deductible amount. 3. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. G -1 32297 -D99 (Ed_ 07/05) G- 132297 -D99 (Ed. 07/05) E. SECTION iV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Condition 2.a. is replaced by the following: 2. Duties In The Event of Pollution Incident, Claim or Suit. a. You must see to it that we are notified as soon as practicable of a "pollution incident" that may result in a claim. To the extent possible, notice should include: (1) Now, when, and where the "pollution incident," took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any release, and of any injury or damage arising out of the "pollution incident." 2. Condition 4. Other Insurance is amended as follows: All references to Coverages A or B are amended to read Coverages A, B, or D. F. The following definitions are added to SECTION V — DEFINITIONS: "Contaminated soil" means any soil, dirt, mud, clay, silt, loam or earth which has been contaminated by ' "pollutants," "Pollution incident" means the emission, discharge, release, or escape of "pollutants," provided that such emission, discharge, release, or escape results in the injurious presence of "pollutants' in or upon land, the atmosphere, interior of a building or any water course, body of water or ground water. A related series of emissions, discharges, releases or escapes of "pollutants" will be deemed to be one "pollution incident." "Waste facility" means any site to which waste is delivered for storage, disposal, processing or treatment, whether or not such site is licensed by a governmental authority to perform such storage, disposal, processing or treatment. "Work site" means any site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations, including sites temporarily borrowed or rented in support of a single worksite for storage of construction equipment. "Your work site" does not include any premises, site or location which is or was at any time owned or occupied by or rented or loaned to any insured, except for the purpose of performing construction operations. Page 4 of 4 N r_ a: 0 Q U d O CNA G- 133122 -646 (Ed. 11/04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES LIMITED POLLUTION COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion d. of COVERAGE D — LIMITED POLLUTION COVERAGE — WORKSITE applies only to "bodily injury" to any "employee" of the insured whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). With respect to "bodily injury" to "employees" of the insured whose employment is subject to the Industrial Insurance Act of Washington, exclusion d. is replaced with the following: This insurance does not apply to: (1) "Bodily injury" to an "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract." B. With respect to coverage afforded under COVERAGE D — LIMITED POLLUTION COVERAGE — G- 133122 -B46 (Ed. 11104) WORKSITE, paragraphs 2.a.(1)(a), (b) and (c) of WHO IS AN INSURED (Section 11) apply only to "employees" of the insured whose employment is not subject to the Industrial Insurance Act of Washington (Washington Revised Code Title 51). With respect to "employees" of the insured whose employment is subject to the Industrial Act of Washington, paragraphs 2.a.(1)(a), (b) and (c) of WHO IS AN INSURED (Section 11) is replaced with the following: However, none of these "employees" is an insured for: (1) "Bodily injury" or "personal and adversting injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business; (b) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in (1)(a) above, or Page 1 of 1 EXHIBIT G Bond No. CSB0003596 CITY OF FEDERAL WAY PERFORMANCE /PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned R.L. Clearing & Excavating Inc , ( "Principal ") and Contractors Bonding and Insurance Company the undersigned corporation organized and existing under the laws of the State of Washington and legally doing business in the State of Washington as a surety ( "Surety "), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ( "City") in the penal sum of Forty Two Thousand Five Hundred Sixteen Dollars and 224100 ($ 42,516.22 ) 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 , 20 for Asbestos Abatement and Demolition of Buildings at 28866 Pacific Highway South 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 28th day of August 2014 CORPORATE SEAL OF PRINCIPAL: �.. ... PRINCIPAL R.L. Clearing & Excavating Inc By: Its: P.O. Box 1046 (Address) Auburn, WA 98071 -1046 (253) 735 -1800 (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. thatVa /msel eie. 1. I gJ , who signed the said bond on behalf of the Principal. was ?Vest d e-rt 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: APPROVED AS TO FORM: V �U Pre- Amy Jo Pearsall, Interim City Attorney Secretary of A ank Secretary t� SURE Y i tractors B n In ur •' •' d+ ; By: r- Attorney (Attach P of Attorndy) ••. p� Carley Espiritu, Attorney -in -Fact (Name of Person Executing Bond) 3101 Western Avenue, Suite 300 (Address) Seattle, WA 98121 (206) 622 -7053 (Phone) PRINCIPAL R.L. Clearing & Excavating Inc By: Its: P.O. Box 1046 (Address) Auburn, WA 98071 -1046 (253) 735 -1800 (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. thatVa /msel eie. 1. I gJ , who signed the said bond on behalf of the Principal. was ?Vest d e-rt 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: APPROVED AS TO FORM: V �U Pre- Amy Jo Pearsall, Interim City Attorney Secretary of A ank Secretary t� SURE Y i tractors B n In ur •' •' d+ ; By: r- Attorney (Attach P of Attorndy) ••. p� Carley Espiritu, Attorney -in -Fact (Name of Person Executing Bond) 3101 Western Avenue, Suite 300 (Address) Seattle, WA 98121 (206) 622 -7053 (Phone) ' � a- �_... i ' � a- �_... is .♦ R L I C is �n RLI Qempa>ty P.O. Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645-2402 1 Fax: (309)689-2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company, a Illinois corporation, and/or Contractors Bonding and Insurance Company, a Washington corporation (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: in the City of Tacoma , State of Washington , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 20th day of March, 20144. `pap \NG AND .NS�r�� ,aU�uuupiiq•. eo• 9y .SJPpNCEC0 '_ =� SEAL State of Illinois o� • 1979• ., ° - 1 I SS O WQSMINGVO County of Peoria On this 20th day of March 2014 before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. M. "OFFICIAL SEAL" JACQUELINE M. BOCKLER COMMISSION EXPIRES 01114118 Notary Public RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, and/or Contractors Bonding and Insurance Company, a Washington corporation, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the, RLI Insurance Corn and/or C tract B o aHd' Insuance Company this , day of���Z '•, R.LI Insurance Company Contractors Bonding and Insurance Contpy Roy C. Die 4675431020212 1 / A0059913 EXHIBIT H PREVAILING RATE OF WAGE (SEE ATTACHED). 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: 8/18/2014 'County Trade Job Classification Wage Holiday Overtime Note l King Asbestos Abatement Workers Journey Level $41.69 5D 1 H King Boilermakers Journey Level $64.44 5N 1C I King Brick Mason Brick And Block Finisher $43.26 5A 1 M i 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 3 King Building Service Employees Traveling Waxer /Shampooer $21.00 5S 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 Et Tenders Diver $105.37 5D 1M 8A King Divers Et Tenders Diver On Standby $59.50 5D 1M King Divers Et Tenders Diver Tender $54.82 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator $54.82 5D 1M King Divers Et 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 8/18/2014 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 j j King Drywall Applicator Journey Level $50.82 5D 1 H King Drywall Tapers Journey Level $50.87 5P 1 E King Electrical Fixture Maintenance Journey Level $25.84 5L 1 E i Workers King Electricians - Inside Cable Splicer $65.69 7C 2W i King Electricians - Inside Cable Splicer (tunnel) $70.52 7C 2W i 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 i =King Electricians - Inside Journey Level (tunnel) $65.69 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 iKing Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $68.33 5A 4A ;King Electricians - Powertine Construction Certified Line Welder $62.50 5A 4A ,King Electricians - Powertine Construction Groundperson $42.56 5A 4A 3 .King Electricians - Powerline Construction Heavy Line Equipment Operator $62.50 5A 4A i King Electricians - Powerline Construction Journey Level Lineperson $62.50 5A 4A King Electricians - Powerline Construction Line Equipment Operator $52.47 5A 4A King Electricians - Powertine 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 Alt Classifications - In- Factory Work Only $15.25 5B 1 R Products King Fence Erectors Fence Erector $15.18 1 King Eno Journey Level $35.34 7A 31 King Glaziers Journey Level $53.76 7L 1y King Heat Et Frost Insutators And Journeyman $58.93 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1 E King Hod Carriers Et Mason Tenders Journey Level $42.99 7A 31 King ;ndustriat Power Vacuum Journey Level $9.32 1 https:// fortress. wa. gov/ 1ni /wagetookup /prvWagelookup.aspx 8/18/2014 Page 3 of 17 httt)s: / /fortress.wa. Gov/ lni /wagetookup /prvWagelookup.aspx 8/18/2014 Cleaner King Inland Boatmen Boat Operator $54.57 5B 1 K ;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 i jKing 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 I 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 Of 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 i ;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 httt)s: / /fortress.wa. Gov/ lni /wagetookup /prvWagelookup.aspx 8/18/2014 Page 4 of 17 https://fortress.wa.gov/1ni/wagelookup/prvWagelookup.aspx 8/18/2014 Operator 11 IKing Laborers Concrete Form Stripper $41.69 7A 31 King Laborers Concrete Placement Crew $42.46 7A 31 ;King j Laborers Concrete Saw Operator /core Driller $42.46 7A 31 King Laborers Crusher Feeder $35.34 7A 31 1 iKing Laborers Curing Laborer $41.69 7A 31 jKing 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 Drill Operator (hydraulic, diamond) $42.46 7A 31 ? jKing Laborers Dry Stack Walls $41.69 7A 31 1 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 s I 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 iKing 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 i King Laborers Grinders $41.69 7A 31 King Laborers Grout Machine Tender $41.691 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 $42.99 7A 31 King Laborers Hazardous Waste Worker (level $42.46 7A 31 King Laborers Hazardous Waste Worker (level $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/1ni/wagelookup/prvWagelookup.aspx 8/18/2014 Page 5 of 17 littps: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Rock, Sandblast, Gunite, Shotcrete, Water Bla k King Laborers Pavement Breaker $42.46 7A 31 King Laborers Pilot Car $35.34 7A 31 1King Laborers Pipe Layer Lead $42.99 7A 31 King Laborers Pipe Layer /tailor $42.46 7A 31 j 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 i 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 Putter - Power $42.46 7A 31 King Laborers Raker - Asphalt $42.99 7A 31 j 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 & 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 8� King Laborers Tunnel Work- Compressed Air $65.09 7A 31 littps: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Page 6 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Worker 30.01 -44.00 psi 'King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $68.77 7A 31 8g King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $74.47 7A 31 8 I King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $76.59 7A 31 88 King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $81.69 7A 31 8� sKing Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $83.59 7A 31 8� IKing Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $85.59 7A 31 8 King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $87.59 7A 31 8� `King Laborers Tunnel Work -Guage and Lock Tender $43.09 7A 31 8� King Laborers Tunnel Work -Miner $43.09 7A 31 8!2 ;King Laborers Vibrator $42.46 7A 31 King Laborers Vinyl Seamer $41.69 7A 31 King Laborers Watchman $32.12 7A 31 b 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 Et 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 Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (!n Shops Laborer $9.78 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shops Painter $11.10 1 King Metat Fabrication (In Shoff Welder $15.48 1 King Mitlwriaht Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Page 7 of 17 King Modular Buildings Tool Maintenance $11.56 1 ' sKing 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 1King Plasterers Journey Level $49.29 1R King Playground it Park Equipment Journey Level $9.32 1 ! Installers sKing 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 j xKing 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 3C 8P https: / /fortress. wa. gov /lni /wage lookup /pry W agelookup. aspx 8/18/2014 Page 8 of 17 King i Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $54.61 7A 3C 8P i 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 1P 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 Equilment 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 j } t 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 0 erators 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 Hydralifts /boom Trucks Over 10 Tons $52.58 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks, 10 Tons And Under $50.22 7A 3C 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://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 8/18/2014 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 lKing 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 3 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 t 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 Power Equipment Operators Scrapers, Self - propelled: 45 $53.49 7A 3C 8P https: // fortress. wa. gov/ 1ni /wagetookup /prvWagetookup.aspx 8/18/2014 Page 10 of 17 https : // fortress. wa. gov/ lni /wagetookup /prvWagelookup.aspx 8/18/2014 Yards And Over t King Power Equipment Operators Service Engineers - Equipment $52.58 7A 3C 8P 1 King Power Equipment Operators Shotcrete /gunite Equipment $50.22 7A 3C 8P s King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P ;King Power Equipment OQerators 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 Operators Subgrader Trimmer $53.00 7A 3C 8P ?; King Power Equipment Operators Tower Bucket Elevators $52.58 7A 3C i 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, Farman 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 Et 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 Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $50.22 7A 3C 8P Under_ round Sewer Et Water King Power Equipment Operators- Brooms $50.22 7A — 3C — 8P — Underground Sewer Et Water https : // fortress. wa. gov/ lni /wagetookup /prvWagelookup.aspx 8/18/2014 Page 11 of 17 !King Power Equipment Operators- Bump Cutter $53.00 7A 3C a 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 3 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 Et Water King Power Equipment Operators- Concrete Finish Machine -laser Screed $50.22 7A 3C 8P I 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 3 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 Et Water King Power Equipment Operator -- Derricks, On Building Work $53.49 7A 3C 8P https: // fortress. wa.g ov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Page 12 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagetookup.aspx 8/18/2014 Underground Sewer Et Water i ;King Power Equipment Operators- Underground Sewer Et Water Dozers D -9 Et Under $52.58 7A 3C 8P King Power Equipment Operators- Underground Sewer Et Water Drill Oilers: Auger Type, Truck Or Crane Mount $52.58 7A 3C 8P I King f Power Equipment Operators- Underground Sewer Et Water Drilling Machine $53.00 7A 3C 8P #King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $50.22 7A 3C 8P ? Underground Sewer Et Water jKing Power Equipment Operators- Underground Sewer Et Water Finishing Machine, Bidwell And Gamaco Et Similar Equipment $53.00 7A 3C 8P 1 #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 i Underground Sewer Et Water !King Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $53.00 7A 3C 8P Underground Sewer Et Water =King Power Equipment Operators- Gradechecker /stakeman $50.22 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Guardrail Punch $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $53.49 7A 3C 8P it Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Horizontal /directional Drill Locator $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal/ directional Drill Operator $53.00 7A 3C 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 Et 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 Et Water King Power Equipment Operators- Material Transfer Device $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators - Mechanics, All (leadmen - $54.04 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagetookup.aspx 8/18/2014 Page 13 of 17 https: // fortress. wa. gov/ 1ni /wagetookup /prvWagelookup.aspx 8/18/2014 Underground Sewer Et Water $0.50 Per Hour Over Mechanic) I ;King Power Equipment Operators- Motor Patrol Grader - Non- finishing $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 8P Underground Sewer Et Water RKing Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $53.49 7A 3C 8P j s Underground Sewer Et Water .King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Outside Hoists (elevators And Manlifts), Air Tuggers,strato $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $53.00 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P r Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $50.22 7A 3C 8P Underground Sewer Er 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 Et Water King Power Equipment Operators- Rigger And Bellman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators= Roller, Plant Mix Or Multi -lift Materials $52.58 7A 3C 8P Underground Sewer a: Water King Power Equipment Operators- Roto -mill, Roto - grinder $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8P https: // fortress. wa. gov/ 1ni /wagetookup /prvWagelookup.aspx 8/18/2014 Page 14 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagetookup.aspx 8/18/2014 Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers - Concrete Et Carry All $52.58 7A 3C 81? Underground Sewer Et Water 'King Power Equipment Operators- Scrapers, Self - propelled: 45 Yards And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Service Engineers - Equipment $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete /gunite Equipment $50.22 7A 3C 8P J Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $53.00 7A 3C 8P r i Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 8P I Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Slipform Pavers $53.49 7A 3C 8P Underground Sewer Et 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 175in 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 Water King Power Equipment Operators- Trenching Machines $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A 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 Et Water King Power Equipment Operators Wheel Tractors, Farmall Type $50.22 7A 3C 8P Underground Sewer Ft Water King Power i went Operators- Yo Yo Pay Dozer $53.00 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagetookup.aspx 8/18/2014 Page 15 of 17 https: / /fortress. wa. gov /1ni /wage lookup /pry Wagelookup. aspx 8/18/2014 Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $44.86 5A 4A Trimmers King Power Line Clearance Tree Spray Person $42.58 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $44.86 5A 4A Trimmers !King Power Line Clearance Tree Tree Trimmer $40.08 5A 4A I Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $30.20 5A 4A Trimmers King Refrigeration Et Air Conditioning Mechanics Journey Level $72.46 6Z 1G King Residential Brick Mason Journey Level $50.12 5A 1M King Residential Carpenters Journey Level $28.20 1 !King Residential Cement Masons Journey Level $22.64 1 ?King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $50.87 5P 1E ' King Residential Electricians Journey Level $30.44 1 I King Residential Glaziers Journey Level $36.20 7L 1H King Residential Insulation Applicators Journey Level $26.28 1 King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 j King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Pipefitters Journey Level $34.69 1 "King Residential Refrigeration Et Air Journey Level $72.46 6Z 1G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.84 7F 1 R ,King Residential Soft Floor Layers Journey Level $42.15 5A 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 Journey Level $21.46 1 Finishers 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 Meta[ Workers Journey Level (Field or Shop) $69.37 7F 1 E King Shipbui[ding &Ship Repair Boilermaker $40.12 7M 1H King Shipbuilding Et Ship Repair Carpenter $38.24 70 3B King Shipbui[ding Et Ship Repair Electrician $37.80 70 313 King Sb�jpbuilding Et Ship Repair Heat Et Frost Insulator $58.93 5J is https: / /fortress. wa. gov /1ni /wage lookup /pry Wagelookup. aspx 8/18/2014 Page 16 of 17 IKing Shipbuilding & Ship Repair Laborer $36.78 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B ;King Shipbuilding Et Ship Repair Operator $40.15 70 3B King Shipbuilding Et Ship Repair Painter $37.79 70 3B King Shipbuilding i* Ship Repair Pipefitter $37.77 70 3B {King Shipbuilding Et Ship Repair Rigger $37.74 70 3B ;King Shipbuilding Et Ship Repair Sandblaster $36.78 70 3B King Shipbuilding ft Ship Repair Sheet Metal $37.74 70 3B 'King Shipbuilding & Ship Repair 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 Et Ship Repair Welder /Burner $37.74 70 3B `King Sign Makers Et Installers (Electrical) Sign Installer $22.92 1 King Sign Makers Et Installers (Electrical) Sign Maker $21.36 1 #King Sign Makers & 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 Structural) 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 2B 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 IT elephone Line Constructior - iTeLephone Equipment Operatorl $33.47 5A 2B https: // fortress .wa.gov/ lni /wagelookup /prvWagelookup.aspx 8/18/2014 Page 17 of 17 I Outside (Light) ;King j Telephone Line Construction - Telephone Lineperson $33.47 5A 2B j 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 1 3 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 Et Terrazzo Finishers Finisher $37.79 5A 1 B 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 Et Trailer $48.87 5D 3A 8L s ;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 Et Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 F- 1 Installers https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 8/18/2014 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') 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. ARTICLES OF INCORPORATION OF R.L. CLEARING& EXCAVATING THIS IS TO CERTIFY that Russel R. Lloyd executed these Articles of Incorporation for the purpose of forming a professional service corporation according to the laws of the State of Washington. The name of the corporation shall be R.L. Clearing & Excavating, Inc. ARTICLE II The purpose for which the corporation is formed are as follows: 1. Construction, hauling of sand and gravel, excavating, and demolition. 2. To engage in generally and carry on any lawful business or trade which may in the judgement of the Board of Directors at any time be necessary, useful or advantageous to the corporation. ARTICLE III DURATION The duration of this corporation shall be in perpetuity. ARTICLE IV The location and post office address of the registered office of the corporation shall be 31820 148th Way SE, Auburn, Washington 98002. -1- ARTICLE V REGISTERED AGENT Kathy Lloyd Dantzler, who is a resident of the state of incorporation and whose business office is 31060 182nd SE Auburn, Washington 98002, is designated as the registered agent. ARTICLE VI CAPITAL STOCK 6.1 The authorized capital stock of this corporation shall consist of fifty thousand (50,000) shares of stock having a par value of one ($1.00) dollar per share. 6.2 IRC § 1244 Issuance Plan Authority. The Board of Directors is autF-o—rized from time to time to adopt plans for the Internal Revenue Code as it exists or as it may be amended. Any initial § 1244 plan shall include the shares subscribed by the incorporators. ARTICLE VII PAID IN CAPITAL The amount of paid in capital with which this corporation, will begin business is the sum of Five Hundred ($500) Dollars and this corporation shall not commence business until such sum is received. ARTICLE VIII DIRECT RS The number of directors of this corporation at the commence- ment of business shall be one (1), but the Board of Directors ma at any time be increased to any number not exceeding nine (9� or decreased to any number not less than one (1). The names and post office addresses of the first directors of the corporation, who shall serve until the first annual meeting of the shareholders, or until their successors are elected, are as follows: Russel R. Lloyd 31820 148th Way SE Auburn, Wa 98002 -2- ARTICLE IX REMOVTE—TF— =CTORS The entire Board of Directors, or any individual director, may, at a special meeting of the shareholders called for that purpose in the manner provided by RCW 23A.08.380, be removed from office by a vote of shareholders holding a majority of the outstanding shares entitled to vote at any election of directors. In case the Board or any one or more directors be so removed, new directors may be elected at the same meeting. However, the cumulative voting rights of the minority shareholders and the removal of individual directors shall be protected in accordance with RCW 23A.08.300. ARTICLE X INCORPORATOR - SUBSCRIPTION The name and address of the incorporator and the number of shares subscribed for is as follows: Russel R. Lloyd 500 Shares 31820 148th Way SE Auburn, Wa 98002 ARTICLE XI The bylaws of this corporation may be made, amended or re- pealed by the Board of Directors, provided only that the directors shall not make, amend, or repeal bylaws affixing their own qualifications or terms of office, or compensation. IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorporation in duplicate on the 1st day of July, 1991. usse to d -3- sTA o� b STATE OF WASHINGTON BUSINESS LICENSE Unified Business ID #: 601 327 057 Domestic Profit Corporation Business ID #: 1 Location: l Expires: 07 -31 -2015 R.L. CLEARING & EXCAVATING, INC. 32400 148TH AVE SE AUBURN WA 98092 9219 TAX REGISTRATION INDUSTRIAL INSURANCE UNEMPLOYMENT INSURANCE CITY LICENSES /REGISTRATIONS: BELLEVUE GENERAL BUSINESS #071791 MILTON GENERAL BUSINESS (EXPIRES 11 -30 -2014) COVINGTON GENERAL BUSINESS LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. This document lists the registrations, endorsements, and licenses authorized for the business,,,, named above. By acceptingthis document, the licensee certifies the information on theapplication was complete, true, and accurate to the best of his or herknowledge, and that business will be conducted incompliance with all applicable Washington state, county, and city regulations. Director, Department of Revenue CITY OF Federal Way BUSINESS REGISTRATION License Number 19 -98- 105422 -00 -BL Business Establishment Registered: R L CLEARING & EXCAVATING INC 1741 S 356TH ST FEDERAL WAY, WA 98003 Expires: 12/31/2014 Category: 1700 - Contractors - Special Trade Conditions: This license is non - transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. RUSS LLOYD PO BOX 4203 FEDERAL WAY, WA 98063 -4203 _. h CORPORATE : ^ C %C� _ . SEAL '��� iy - • �p�� City Clerk, City of Federal Way This certifies that the above entity has been issued the registration or license listed. (`itv of FnAPral Wav _ 7 irrmm�o FFTIFR AT WAV WA. Mom RUSS LLOYD PO BOX 4203 FEDERAL WAY, WA 98063 -4203