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AG 15-209RETURN TO: Craig Fekiman EXT: 6945 CITY OF FEDERJ WAY LAW DEPARTMENWOUTING FORM 1. ORIGINATING DEPT. /DIV: PARKS 2. ORIGINATING STAFF PERSON: CRAIG FELDMAN 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER EXT: 6945 3. DATE REQ. BY: 8/7/15 RFB, RFP, RFQ) X SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS ) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: FEDERAL WAY COMMUNITY CENTER LEISURE POOL LINER REPLACEMENT 6. NAME OF CONTRACTOR: PYRAMID POOLS ADDRESS: PO Box 1679 BOTHELL, WA. 98041 -1679 E -MAIL: WWW.PYRAMIDPOOLS.COM SIGNATURE NAME: TERESE BINGISSER TELEPHONE 425 - 481 -1651 FAX: TITLE PRESIDENT 7. EXHIBITS AND ATTACHMENTS: X SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ AU. OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEPTEMBER 2, 2015 COMPLETION DATE: SEPTEMBER 23, 2015 9. TOTAL COMPENSATION $93,926.91 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ CITY ❑ PURCHASING: PLEASE CHARGE TO: 1 5 10. DOCUMENT /CONTRACT REVIEW PROJECT MANAGER rfi DIRECTOR ❑ RISK MANAGEMENT OF APPLICABLE) SAW 11. COUNCILAPPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED Cr r OhlI COMMITTEE APPROVAL DATE: Aes PAID BY: 0 CONTRACTOR [1 INITIAL / DATE APPROVED COUNCIL APPRO"A I. DAM.: 12. CONTRACT SIGNATURE ROUTING SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DAT SIGNED 4 IV LAW DEPARTMENT ❑ CHIEF OF STAFF s1GNATORY (MAYOR OR DIRECTOR) CITY CLERK C; ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: AG# /5- 20 DATE SENT: /0M / SMALL PUBLIC WORKS CONTRACT FOR FEDERAL WAY COMMUNITY CENTER LEISURE POOL LINER REPLACEMENT This small public works contract ( "Contract ") is dated effective this 14 day of August 2015 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Pyramid Pools, Inc., a Washington State Corporation ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at Federal Way Community Center, 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: 1. 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 Federal Way Community Center Leisure Pool Liner Replacement 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 23rd day of September, 2015. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual 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: Rev 1/15 — 1 — • • (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. 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 Rev 1/15 — 2 — • • 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 23rd day of September 2015, 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. See Exhibit "J" for Workmanship Warranty and Exhibit "K" for Material Warranty. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. Rev 1/15 — 3 • • 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Ninety -Three Thousand, Nine Hundred Twenty -Six and 91/100 Dollars ($93,926.91), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof,) the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 Stn Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Craig Feldman Parks Department 274 -946 South 333rd Federal Way, WA 98003 -6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor's Retainage Agreement attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ( "Fund ") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the 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 Rev 1/15 — 4 - • • State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty -five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 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 Rev 1/15 • • under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. Rev 1/15 — 6 — • • (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. 414, 4,fice. -t Ix Ale c by pyy4.rI 1.,1y --T (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. 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 Rev 1/15 — 7 - • • provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE /PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance /Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract as less than Thirty -Five Thousand Dollars ($35,000.00), the City may, in lieu of a bond, retain fifty percent (50 %) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. Rev 1/15 — 8 • • 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and /or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and /or the 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. Rev l /15 — 9 • • 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 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 Rev 1/15 — 10 — • • provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery 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. Rev 1/15 — 11 — • • 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 1/15 — 12 - DATED the day and year set forth above. DATE:J0// S- PYRAMID POOLS, INC: Ult.A.A.A.1 &AA cp02 0 Terese Bingisser, President STATE OF WASHINGTON ) ) ss. COUNTY OF (1( /'A ) ATTEST: lerk, Stephanie j ney, CMC APPROVED AS TO FORM: -'City Attorney, Amy Jo Pearsall On this day personally appeared before me Terese Bingisser, to me known to be the President of Pyramid Pools, 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. GIVEN my hand and official seal this j 7 day of 4149 a Sd- , 20/S- Notary's signature (A( Notary's printed name ( G (, nit(i' Notary Public in and for the State of Washington. ( My commission expires 0-7/ ZS l Z v j 7 4 Notary Public State of Washington, DAVE MCCONNELL My Appointment Expires Jul 25, 2017 Rev 1/15 - 13 - • • EXHIBIT "A" SCOPE OF WORK Leisure Pool Liner Replacement: 1. The City will be responsible for to draining the pool. 2. The contractor will file a letter of intent to pay Prevailing wage with Labor and Industries. 3. The Contractor will cut and chip under tile, around lights, main drain frames, inlet fittings, and the play structure in shallow end of pool. 4. The Contractor will strip the layer of existing plaster. 5. The Contractor will address any cracks in pool structure. 6. The Contractor will install water plug around fittings. 7. The Contractor will clean and etch existing pool surfaces. 8. The Contractor apply bond coat (Scratch Coat 2000). 9. The Contractor will apply two coats of Krystal Krete Ivory Quartz Aggregate Finish. 10. The Contractor will remove all construction debris and dispose. 11. The City will be responsible for filling pool. 12. The Contractor will add start-up sequestering agent to pool water. 13. The Contractor will provide owner /agent with start-up instructions per the National Plaster Council. Rev 1/15 — 14 — EXHIBIT "B" CONTRACT CHANGE ORDER AGREEMENT PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: 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? If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No ❑ 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 MAYOR SIGNATURE SIGNATURE Rev 1/15 — 15 - DATE • • DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ MAYOR'S SIGNATURE Rev 1/15 - 16 — • • EXHIBIT "C" CONTRACTOR'S RETAINAGE AGREEMENT City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 253 -835 -7000 Bid/Contract Number IDENTIFICATION AND DESCRIPTION Project Title: Federal Way Community Center Leisure Pool Liner Replacement Contractor: Pyramid Pools Representative: Terese Bingisser Bid No. Date Administering Department: Parks City Representative: Craig Feldman Funding Source: Community Center Capital Reserves Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. 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 invest eriot to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contact Person: Contractor: Date: By: Title: Address: Fed ID #: Est. Completion Date: Phone: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: Finance Director � 3f /i5 Date I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on Rev 1/15 - 17 - EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY FEDERAL WAY COMMUNITY CENTER LEISURE POOL LINER REPLACEMENT PROJECT 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 terms of said contract upon being indemnified by these presents, NOW, THEREFORE. if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City. or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void: but otherwise it shall be and remain in full force and effect. And the Surety. for value received, hereby further stipulates and agrees that no change. extension of time. alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal • shall automatically increase the obligation of the Surety on this 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: CORPORATE SEAL: PRINCIPAL By: Title: Address: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: • • CERTIFICATES AS TO CORPORATE SEAL 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 1 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, City Attorney TO: • • EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date ACCoRLY Es-I,, b, V. F CERTIIWATE OF LIABILITY INSRANCE Unrr:tMIVVUUITTTT/ 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 HUB International Northwest LLC 110 Unity Street Bellingham WA 98225 CONTACT NAME: (NC. No. Ext):360- 647 -9000 ovc, No):360- 7348496 E -MAIL ADDRESS:NOW.Unitylnfo(5 hubintemational.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A :Sentinel Insurance Company 1000 INSURED PYRAPOO 01 Pyramid Pools, Inc. 20817 59th Ave SE Woodinville WA 98072 INSURER B :Hartford Accident &.Ind Co 2357 INSURER C : 52UUNQY2851 INSURER D 9/1/2015 INSURER E : $1,000,000 INSURER F : $300,000 COVERAGES CERTIFICATE NUMBER: 641681152 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. ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER M/POLICY EFF (MDD/YYY1t1 POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY Y Y 52UUNQY2851 9/1/2014 9/1/2015 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE POLICY X LIMIT APPLIES jECOT- PER: LOC PRODUCTS - COMP /OP AGG $2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS Y Y 52UUNQY2851 9/1/2014 9/1/2015 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 52HHUQY2852 9/1/2014 9/1/2015 EACH OCCURRENCE $2,000,000 AGGREGATE $ DED X RETENT ON $10,000 $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below y/N N /A 52UUNQY2851 9/1/2014 9/1/2015 WC STATU- TORY LIMITS X OTH- ER WA Stop Gap P P E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Per forms and conditions: GL Primary Additional Insured and Waiver of Subrogation per form HG 00 01 06 05; GL Per Project Aggregate per form HS 25 41 06 08; Auto Primary Additional Insured and Waiver of Subrogation per HA 99 16 03 12. RE: Federal Way Community Center Leisure Pool Liner Replacement; City of Federal Way, its officers, officials, employees, volunteers, and agents are additional insured per forms and conditions. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Avenue South Federal Way WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. Amnon on tonin/ncl The Annon name anrf Innn are reniafererf marks of Ar_nian • • Exhibit H 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: 8/7/2015 County Trade Job Classification Wage Holiday Overtime Note King Plasterers Journey Level $50.42 7Q 1R GArrooziP, 4/A( /ss 1 m i 3o46S °1a.1- 7 7f Si 5a bjed -t , In_ Oh ' /den t P41 Pt et 4 -( W45G an.; -Witt 1 , {'i1 (�L Sa acieJ fl 1 Gk& rn Vd 4 r E�\- • , • State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360 - 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Page 1 of 4 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: 8/27/2015 Count Trade Job Classification Wa Holiday Overtime Note King Laborers Air, Gas Or Electric Vibrating Screed $42.67 7A 31 King Laborers Airtrac Drill Operator $44.00 7A 31 King Laborers Ballast Regular Machine $42.67 7A 31 King Laborers Batch Weighman $36.17 7A 31 King Laborers Brick Pavers $42.67 7A 31 King Laborers Brush Cutter $42.67 7A 31 King Laborers Brush Hog Feeder $42.67 7A 31 King Laborers Burner $42.67 7A 31 King Laborers Caisson Worker $44.00 7A 31 King Laborers Carpenter Tender $42.67 7A 31 King Laborers Caulker $42.67 7A 31 King Laborers Cement Dumper,- paving $43.46 7A 31 King Laborers Cement Finisher Tender $42.67 7A 31 King Laborers Change House Or Dry Shack $42.67 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $42.67 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $43.46 7A 31 King Laborers Choker Setter $42.67 7A 31 King Laborers Chuck Tender $42.67 7A 31 King Laborers Clary Power Spreader $43.46 7A 31 King Laborers Clean -up Laborer $42.67 7A 31 King Laborers Concrete Dumper /chute Operator $43.46 7A 31 King Laborers Concrete Form Stripper $42.67 7A 31 King Laborers Concrete Placement Crew $43.46 7A 31 King Laborers Concrete Saw Operator /core Driller $43.46 7A 31 King Laborers Crusher Feeder $36.17 7A 31 King Laborers Curing Laborer $42.67 7A 31 King Laborers $42.67 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 8/27/2015 • • Page 2 of 4 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 8/27/2015 Demolition: Wrecking & Moving (inct. Charred Material) King Laborers Ditch Digger $42.67 7A 31 King Laborers Diver $44.00 7A 31 King Laborers Drill Operator (hydraulic, diamond) $43.46 7A 31 King Laborers Dry Stack Walls $42.67 7A 31 King Laborers Dump Person $42.67 7A 31 King Laborers Epoxy Technician $42.67 7A 31 King Laborers Erosion Control Worker $42.67 7A 31 King Laborers Falter & Bucker Chain Saw $43.46 7A 31 King Laborers Fine Graders $42.67 7A 31 King Laborers Firewatch $36.17 7A 31 King Laborers Form Setter $42.67 7A 31 King Laborers Gabian Basket Builders $42.67 7A 31 King Laborers General Laborer $42.67 7A 31 King Laborers Grade Checker & Transit Person $44.00 7A 31 King Laborer~, _ Grinders $42.67 7A 31 King Laborers Grout Machine Tender $42.67 7A 31 King Laborers Groutmen (pressure)including Post Tension Beams $43.46 7A 31 King Laborers Guardrail Erector $42.67 7A 31 King Laborers Hazardous Waste Worker (level A) $44.00 7A 31 King Laborers Hazardous Waste Worker (level B) $43.46 7A 31 King Laborers Hazardous Waste Worker (level C) $42.67 7A 31 King Laborers High Scaler $44.00 7A 31 King Laborers Jackhammer $43.46 7A 31 King Laborers Laserbeam Operator $43.46 7A 31 King Laborers Maintenance Person $42.67 7A 31 King Laborers Manhole Builder - mudman $43.46 7A 31 King Laborers Material Yard Person $42.67 7A 31 King Laborers Motorman -dinky Locomotive $43.46 7A 31 King Laborers Nozzteman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bla $43.46 7A 31 King Laborers Pavement Breaker $43.46 7A 31 King Laborers Pilot Car $36.17 7A 31 King Laborers Pipe Layer Lead $44.00 7A 31 King Laborer s Pipe Layer /tailor $43.46 7A 31 King Labo...e ; Pipe Pot Tender $43.46 7A 31 https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx 8/27/2015 • • Page 3 of 4 King �I Pipe Reliner $43.46 7A 31 King Pipe Wrapper $43.46 7A 31 King L.a1c3r_ Pot Tender $42.67 7A 31 King Labo ,rs Powderman $44.00 7A 31 King Powderman's Helper $42.67 7A 31 King Power Jacks $43.46 7A 31 King Laborers Railroad Spike Puller - Power $43.46 7A 31 King Laborer s Raker - Asphalt $44.00 7A 31 King Laborers Re- timberman $44.00 7A 31 King Laborers Remote Equipment Operator $43.46 7A 31 King Laborer <s Rigger /signal Person $43.46 7A 31 King Laborers Rip Rap Person $42.67 7A 31 King Laborers Rivet Buster $43.46 7A 31 King Laborers Rodder $43.46 7A 31 King Scaffold Erector $42.67 7A 31 King ? ab: e Lrr: Scale Person $42.67 7A 31 King Stoper (over 20 ") $43.46 7A 31 King Lai ?r, -; Stoper Sprayer $42.67 7A 31 King L dL:, >r _ Spreader (concrete) $43.46 7A 31 King Laborers Stake Hopper $42.67 7A 31 King Labo =ers Stock Piter $42.67 7A 31 King Laborers Tamper 6 Similar Electric, Air Et Gas Operated Toots $43.46 7A 31 King Laborers Tamper (multiple Et Self- propelled) $43.46 7A 31 King Laborers Timber Person - Sewer (lagger, Shorer &t Cribber) $43.46 7A 31 King Laborers Toolroom Person (at Jobsite) $42.67 7A 31 King Labo, ers Topper $42.67 7A 31 King Laborers Track Laborer $42.67 7A 31 King Laborers Track Liner (power) $43.46 7A 31 King Laborers Traffic Control Laborer $38.68 7A 31 8R King Laborers Traffic Control Supervisor $38.68 7A 31 8R King Laborers Truck Spotter $42.67 7A 31 King Laborers Tugger Operator $43.46 7A 31 King Laborer s Tunnel Work- Compressed Air Worker 0 -30 psi $64.99 7A 31 8M King r °,_ Tunnel Work- Compressed Air Worker 30.01 -44.00 psi $70.02 7A 31 8...Q King !a:bo° =w Tunnel Work - Compressed Air Worker 44.01 -54.00 psi $73.70 7A 31 King Labe =. er-s Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $79.40 7A 31 £3Q King Lab: =re!,; Tunnel Work - Compressed Air Worker 60.01 -64.00 psi $81.52 7A 31 8� King La_ bor s __.. Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $86.62 7A 31 N https://fortress.wa.gov/lni/wagelookup/pryWagelookup.aspx 8/27/2015 • • Page 4 of 4 King Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $88.52 7A 31 8g King .. _or ,r s Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $90.52 7A 31 King Lab fir Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $92.52 7A 31 King ! ,'?''__ Tunnel Work -Guage and Lock Tender $44.10 7A 31 8g King i ab r rs Tunnel Work -Miner $44.10 7A 31 8�( King cs Vibrator $43.46 7A 31 King La Vinyl Seamer $42.67 7A 31 King Laborc_r s Watchman $32.87 7A 31 King Laborers Welder $43.46 7A 31 King Laborers Well Point Laborer $43.46 7A 31 King Labor er s Window Washer /cleaner $32.87 7A 31 King Ptasterers Journey Level $50.42 7Q 1 R https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 8/27/2015 • • 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. 5. 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, m addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Contractor: • • Exhibit J LETTER OF WARRANTY Pyramid Pools Inc. PO Box 1679 Bothell, WA. 98041 Phone:425 -451 -1651 Date: Owner: City of Federal Way • Project: Federal Way Community Center Leisure Pool Liner Replacement The above named contractor as Pot ('e,,,, feA6fir,e eontrat-tar for the work on the above project, does hereby warrant that for a period of one year, the above work will remain free from all defects in workmanship, and that it will comply with all the specific requirements of the specifications outlined in the proposal. It is understood and agreed that in the event of defects and the necessity of making repairs, the Owner will immediately notify the above contractor in writing of its conditions and shall give the contractor reasonable time in which to make said repairs. If any person, firm, or corporation other than the above listed contractor has, since the completion of the above work, performed or attempted to perform any repairs to the property then this warranty could become null and void. This warranty does not cover any repairs made by anyone other than the above contractor or one of its authorized representatives. The contractor shall not be under any responsibility or liability whatsoever to make repairs occasioned by injury to said property caused wholly or in part by windstorm, tornado, lightning, hail or other casualty, or by reasons of negligence by any party not directly associated with the contractor. Additional specific conditions of this warranty (if any) are listed on additional sheets. Signature: Printed Name: Company: Date: Exhilist 1°- C.L. INDUSTRIES, INC. KRYSTALKRETE POOL OWNERS - 5 YEAR WARRANTY Pool OwneGr: art D� y Authorized Applicator. �yRd+M1�d ®���i U!?(i Address: b 76 a 3 3 r / Po ' - (&7' ����'''' q Address _ U / / City, State, Zip:refd tGt, W G y / L,) fl 92O 03 City, State, Zip: t�I , t 9 e of Telephon� Telephone: *5- Al- (651 Pool Builder: Address: Date Pool Completed' City, State, Zip: Finish: Batch #; LIMITATIONS C.L. Industries, Inc. (CLI) warrants its product KRVSTALKRIEre against failure for the useful life of the pool to which it is applied. Staining is not a manufacturer defect, therefore it is not covered under this warranty. This warranty excludes damage due either directly or indirectly by an act of God, including any natural disasters such as hurricanes, earthquakes, tornadoes, floods, lightening, hail, fire Or any abnormal deterioration due to any cause including and without limitation to plant or animal life. This warranty is subject to the following terms and conditions each of which are mutually dependent with CLI's obligations. This warranty must be accepted by the Pool Owner by signing in the space provided below. The warranty registration must be delivered to CLI by certified mail and the return receipt kept by the Pool Owner. Possession of the return receipt is a condition precedent to any claim under this warranty. This limited lifetime warranty is effective only if the application of the product is by a factory authorized applicator, 1. This warranty excludes damages due to workmanship or physical abuse of the pool. 2. Some loss of aggregate is expected, especially in a new application; this is not to be considered a failure. 3, Quartz, stone, application techniques and pigment loss 'can result: 1n variations of color, shade and appearance. Such variations are not product defects. These variations are one of the highlights of the KRYSTALKRers finish. 4. CLI warrants the KRYSTALKRErE material only, CLI is not responsible-tor the cost of repair. If material is defective when shipped from CLI, CLI's sole responsibility will be to provide such replacement material for the defective area as is then manufactured by CLI, in such color as will most closely match the existing shade. Some cosmetic and color variation may result. (THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.) 5. CLI will have ten (10) working days after written request from approved applicator receipt of a claim for breach of this warranty within which to inspect the application site Replacement material for the defective area will be delivered to the Approved Applicator; freight prepaid. If the approved Applicator is more than 200 miles frgrn CU's nearest manufacturing plant the applicator must include warranty material on their normal truck load orders. Replacement material for the defective area will be shipped as soon as practical via applicator and /or CLI's truck but in any event within thirty (30) days. 6. Incidental and consequential costs, Including but not limited to water replacement, chemicals, and loss of use of the pool are not covered. 7. This warranty shall not cover damages to the KRYSTALKRETE pool finish which, have,been abused physically through lack of proper water chemistry balancing or other chemical abuses or sanitation applications. Pool chemistry must be maintained by the Pool Owner, failure to maintain proper pool chemistry voids this warranty. SEE REVERSE SIDE FOR POOL CARE INSTRUCTIONS AND ADDITIONAL WARRANTY CONDITIONS, 8. Minor surface checking, "crazing ", and /or cracks are not covered by.this warranty. This finish is notetructural. 9. Warranty is not valid unless this document is completed in full & signed and returned to CLI within thirty (30) days of applica- tion of KRvsTALKRETE material. WARRANTY REGISTRATION MUST BE SENT BY CERTIFIEOEMAIt.AND RETURNED RECEIPT MUST BE RETAINED BY POOL OWNER. 10• Disputes under this warranty will be decided by binding arbitration by the National Spa and Pool Institute (NSPI). The only obligation of CLI under this warranty is to deliver new material in substitution for that Mich was found to be defective. No other cost or expense, direct, collateral or incidental may be asserted under this warranty and all such claims are hereby waived by the Pool Owner. This warranty extends only to the Pool Owner as identified aboveand is non - transferable, Homeowner Whitey CLI Yellow: Authorized Applicator Date C.L. INDUSTRIES, INC. Attention: Product Warranty Piist Office Box 593704 Orlando, Florida 32859 -3704 Pink: Pool Owner • POOL WATER CHEMISTRY It is necessary for the ongevfty of the KRYSTALKRE'TE turnsh and as a cond4ian of ths warranty that the following chemical parameters are maintained: CL 1.O-3D ppm pH 7.4 - 7.6 Total Alkdinity CFA) 80 100 ppm Calcium Hardness (CH) 200 400 ppm CyanorioAcid less than 5O ppm Bequest ppm in areas where uaklum levels exceed normal pmamotana alkalinity and pH udiuutmenta an recuired The initial fir water /a the most ionportantvmtm that the. pool will receive. The initial h|| water must be teNaU.moordedaodagium|edtotnmuboveuare/leHe/abekoi eUhananopportvnry affect the new Kn, nuKncrsfinish WARRANTY CLAIM PROCEDURES To initiate a warranty ukon` notify C industries, Inc at PO Box 5G3704. Orlando, FL3285Q8704 Prior to an inspection. L |odua1neo. |nc. must receive by certified inail a brief note describing the complaint and photocopies (do Nic)T send the originals) of the following: 1y ;. i3 s{Umeu[application. Original "return receipt" aoconpletedoiUmeo{application. Cop/au of monthly (or more imquerk) results cd water chem/ahy analysis done Vy, e commercial warier chem/ca| miai!er. Upon recerpt rhe :above., C.L. Irp,:bistries,•inc, will schedule an inspection. Arry repiaceimen material 0111 Ue shipped aadnoo.ibaciin paragraph 5cd this waoen!y Corporations: Registration Detail Page 1 of 1 • PYRAMID POOLS, INC UBI Number 602074782 Category REG Profit/Nonprofit Profit Active /Inactive Active State Of Incorporation WA WA Filing Date 10/26/2000 Expiration Date 10/31/2015 Inactive Date Duration Perpetual Registered Agent Information Agent Name MART K BINGISSER Address 20817 59TH AVE SE City WOODINVILLE State WA ZIP 98072 Special Address Information Address PO BOX 1679 City BOTHELL State WA Zip 98041 Governing Persons Title Name Address Secretary,Treasurer,Chairman ,Director BINGISSER , MART 20817 59TH AVE SE WOODINVILLE , WA 980728336 President,Chairman ,Director BINGISSER , TERESE 20817 59TH AVE SE WOODINVILLE , WA 980728336 http://www.sos.wa.gov/corps/searchdetail.aspx?ubi=602074782 8/5/2015 • • EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE /PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: Bond No. 023032906 We, the undersigned Pyramid Pools, Inc. , ( "Principal ") and The Ohio Casualty In urance Company , the undersigned corporation organized and existing under the laws of the State of N ewampshire and legally doing business in the State of Washington as a surety ( "Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ( "City") in the penal sum of ** Dollars and no /100 ($ 93.926.91 ) for the payment of which we firmly bind ourselves and our legal representatives , heirs, successors and assigns, jointly and severally. * *Ninety -Three Thousand Nine Hundred Twenty -Six Dollars and 91/100 This obligation is entered into an Agreement with the City dated _ , 20 15 for Federal Way Community Center T.eisure Pool Liner Replacement Project 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 teens 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 adnlinistered 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 I17 day of CORPORATE SEAL OF PRINCIPAL: CERTIFICATE AS TO CORPORATE SEAL 20 15 PRINCIPAL Pyramid Pools, Inc. By: Its: Flees, tcdge J 20817 59th Ave. SE (Address) Woodinville, WA 98072 (425) 481-1651 (Phone) I hereby certif that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that 're Ke5e bl s5eR , who signed the said bond on behalf of the Principal, was PdCe5 i cl e-v 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: Amy Jo Pearsall, City Attorney Secretary of Assistant Secr By: SURETY The Ohio Casualty Insurance Cor. ,6!1 -cam Attorney -in -Fact (Attach Power of Attorney) Theresa A. Lamb (Name of Person Executing Bond) R 0. Box 3018 (Address) Rnthell, WA 98041 -3018 (425) 489 -4500 (Phone) THIS POWER OF ATTORNEY IS NOT .ID UNLESS IT IS PRINTED ON RED BACK1?UND. This Power of Attorney limits the acts of those na ein, and they have no authority to bind the Company exc he manner and to the extent herein stated. Certificate No. 6956964 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies "), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Andy D. Prill; Carol Lowell; Chad M. Eppte; Darlene Jakielski; Jim S. Kuich; Jim W. Doyle; Julie M. Glover; Michael A. Murphy; S. M. Scott; Steve Wagner; Ted Baran; Theresa A. Lamb all of the city of Bothell , state of WA each individually if there be more than one named, its true and lawful attomey -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 21st day of April 2015 U; R i� tt1 OTo L> o m3 R.n 0+0.. c> 0 O t C co G1 .+ R1 tam o Ea; 0 t a C > 4D Z v STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 21st day of APril 2015 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casualty Insurance Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA By: American Fire and Casualty Company The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West F,rner-ican insurance Company i David M. Care '{4, Assistant Secretary Notarial Seal Teresa Pastella, Notary Public Plymouth Twp., Montgomery County My Commission Expires March 28, 2017 4Fty Member, Pennsylvania Association of Notaries ptvw This Power of Attomey is made and executed pursuant to and by authority of the following By -laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual lnsurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as 11 signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal. acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys -in -fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attomey issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not beenxevoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of 20 By: /146410 idigMt) Teresa Pastella, Notary Public INsu LMS_12873_122013 By: Gregory W. Davenport, Assistant Secretary 263 of 1000 ,a rn W m tl! .a • 0 v N (tit" C E 00 Q co 0• � R O E ac C t ::456 0 •., 2 d0 E N M CC 0a 1- 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 1/15 — 18 - Pyramid Pools, Inc. PO Box 1679 Bothell, WA 98041 -1679 425- 481 -1651 June, 10th, 2015 Federal Way Community Center 876 South 333rd Street Federal Way, WA. 98003 Attn: Craig Feldman Email craig .feldman @cityoffederalway.com Phone: 253- 835 -6945 Leisure Pool Resurface: 1. Owner/ agent to drain pool. 2. File an intent to pay Prevailing wage with Labor and Industries. 3. Cut and chip under tile, around lights, main drain frames, and inlet fittings. Play structure in shallow end of pool to be cut and chipped as well. 4. Strip a layer of existing plaster. 5. Address any cracks in pool structure. 6. Install water plug around fittings. 7. Clean and etch existing pool surfaces. 8. Apply bond coat.( Scratch Coat 2000) 9. Apply two coats of Krystal Krete Ivory Quartz Aggregate Finish. 10. Remove all construction debris and dispose. 11. Owner /agent responsible for filling pool. 12. Add start -up sequestering agent to pool water. 13. Provide owner /agent with start up instructions per the National Plaster Council. Bid Amount: $85,778.00 WSST 9.5% $ 8,148.91 Total: $93,926.91 Signature of Acceptance Date • • Note: This project should take 3 weeks + 10 days of chemical balancing before pool can be used. TERMS: To Be Determined PLEASE NOTE: Owner to provide sewer or drain access for emptying pool. Any unforeseen repairs, replacements, or changes will incur additional charges, over and above the quoted price reflected above. All material is guaranteed to be as specified. All work is to be done in a workman -like manner according to standard practices. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry all fire, earthquake, tornado and all other necessary insurance.. One (1) year warranty on bonding. New plastered or re- plastered pools and spas must be kept full at all times and the start -up instructions must be followed completely or all warranties will be void. Payment in full constitutes satisfaction of work completed by Pyramid Pools. Our workers are fully covered by workman's compensation. THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN 30 DAYS. • • ai hltSte 1959 730SW34th St Renton, WA 98057 AQUA "011C2 425.264.2350 City of Federal Way Community PO Box 9718 Federal Way, WA 98063 Qty Item Quote Quote ID: Customer ID: Employee ID: Quote Expires: Location: City of Federal Way Community PO Box 9718 Federal Way, WA 98063 Other (253) 835 -6941 925497 75012 TMS 8/13/2015 List Price Unit Price Total 1 Resurface leisure pool with Krystalcrete surface $134,428.00 $134,428.00 $134,428.00 Scope of work: Chip back plaster at all fittings and tile lines, remove up to100 sq ft of loose plaster as found, remove all debris, chemically etch and neutralize surface, apply bond coat, resurface with Krystalcrete mix, re -fill with customer's water, Additional loose plaster above 100 sq ft removed at $5.00 per sq ft. Additional Comments Sub Total Taxes $134,428.00 $12,770.66 Total $147,198.66 Payment to be as follows: 50% deposit due at beginning and before parts and materials can be ordered. 30% upon completion of surface prep. The final balance will be due upon substantial completion. As we would like to schedule this work please sign and retum this form with 50% deposit. If you have any further questions, please feel free to call. Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled in accordance with the arbitration tribunal or the Better Business Bureau. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Owner to obtain any necessary permits unless otherwise noted. ACCEPTANCE OF PROPOSAL - The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified above. Payment will be made as outlined above. Signed: Date: 730 SW34th St, Renton, WA 98057, (425) 264 -2350, Fax: (425) 264 -2405, service @aquaquip.com Tuesday, July 14, 2015, 10:36:53 AM, By tms Page 1 of 1 nk� oiNW PACIFIC i INC. j Trusted Professionals in the Aquatic Industry Educating Pool Operators Since 1975 Orca Pacific Inc. is a Full Service Pool Company Thank you for your business. Commercial * Residential Project Consultation * Renovation * New Construction Chemical and System Automation * Parts * Equipment * Repair Chemicals * Bulk Pricing * Solutions to Unsolved Problems Facility: Federal Way Community Center 876 South 333rd Federal Way, WA 98003 Date: June 19, 2015 Renovation: Orca Pacific proposes to furnish all materials and labor described herein on the premises according to the following: Bid Specifications: • Leisure pool and Lazy River to be drained down by others. • Water feature mat and escutcheons to be removed for installation at a later time. • Remove floor return covers and plug return lines. • Plug bubbler nozzles. • Visqueen water feature and deck to minimize dust. • Cerf chip under water line tile and along zero entry tiles. This will allow for a smooth transition from the new plaster into existing tile. • Bush hammer interior of the Leisure pool and Lazy River to remove all of the loose plaster. This allows for a better bonding surface for the new plaster. • Remove the plaster debris and dispose of it. • Conduct a light acid wash, followed by TSP. • Remove visqueen from around water feature. • Conduct a light pressure washing of the area to be plastered. • Apply scratch coat and allow to set. • Apply white color quartz plaster. • Reinstall floor return covers. • Reinstall water feature escutcheons and landing pad. • Remove plugs from bubbler nozzles. • Start to fill pool and add anti rust chemicals. • Clean up. Total: $330,000.00 Note: This quote is based off of prevailing wage rates. Prices do not include applicable sales taxes. Terms: Deposit of Y. down with remaining balance due upon completion Prepared by: Lyndon Lengele Estimate valid for 30 days. Note: Permits are not included and would be additional if required. Warranty does not cover chemical attack, pool draining, and improper water chemistry 280 44th Street NW * Auburn, WA 98001 *Phone: (253) 867 -0303 Fax: (253) 867 -5695