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AG 16-135
1 I RETURN TO: `l/\ --i -- - EXT: j 0 1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV:�� �r'��' �1 ORIGINATING STAFF PERSON: L �\ V,-) EXT: 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT O PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT O GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG O REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) O ORDINANCE 0 RESOLUTION CONTRACTENDMENT (AG#): I L �) 3S ❑ INTERLOCAL OTHER C .k&, QrJ PROJECT NAME: /(,�I(-S 1A5 I J I rC- I 12- EX -1 (-- NAME OF CONTRACTOR:lr.� L1 vim . Th % rc LI-- L ADDRESS: I TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: 0) I L 1) 6 COMPLETION DATE: 12J3 j l I —1 TOTAL COMPENSATION $ 131 I 1-151-1. 3 Le (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE )] PURCHASING: PLEASE CHARGE TO: 3:33 " 1 I o b --1 / 4 - 4 81) 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED O PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED O LAW DEPARTMENT SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# O SIGNED COPY RETURNED ;OMMENTS: AG# DATE SENT: 8 11 nn i' P'1GmI4A35 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT Parks Asphalt Trail Repairs PROJECT TITLE 2 1Q/24/17 CHANGE ORDER NUMBER EFFECTIVE DATE Tony I..ind Paving 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 ofthe 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? a PRICE CHANGE LUMP SUM: INCREASE $7,192.58 UNIT PRICE: ❑ Yes 0 No Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE 1 Mirror Lake Parr — 3S 2 �? y ic View eark 1.228.3.2 2_ heritage Woods Park 1.333.b 4 Steel Lake Park ._„ 2.860.04 5 Sales Tax Increase 603.94 TOTAL NET CONTRACT: INCREASE $1122,2 DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions ofthe standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard spec fications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $D2,261.98_ PREVIOUS CHANGE ORDERS __ a THIS CHANGE ORDER. $.....7.192.58 *ADJUSTMENTS $ NEW C RAC"T AMOUNT $139,454,56 CSN TOR SIGNATURE CTOR'. SI IATURE 1-11-I 8 DATE ATE CHANGE ORDER AGREEMENT 1 4/17 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY X INCREASED DECREASED PAY THIS ADJUSTED AMOUNT: TOR'S SIGNA //117/F DATE $6,588.65 $ $6,58845 CHANGE ORDER AGREEMENT 2 4/17 I I RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE ❑ CONTRACT X OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES RETAINAGE: ❑ PURCHASING: 10. DOCUMENT - I R ❑ DIRECTOR ❑ RISK ❑ LAW 11. COUNCIL 12. ❑D SENT ❑ ATTACH: ❑ LAW .SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS DEPT./DIV: PARKS DEPARTMENT STAFF PERSON: STEVE IKERD EXT: 6911 3. DATE REQ. BY: OF DOCUMENT (CHECK ONE): SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION AMENDMENT (AG #):_16 -135_ ❑ INTERLOCAL ORDER _CHANGE NAME: PARKS ASPHALT TRAIL REPAIRS OF CONTRACTOR: LIND PAVING, LLC _TONY ADDRESS: TELEPHONE E -MAIL: FAX: SIGNATURE NAME: TITLE AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: COMPLETION DATE: DECEMBER 31, 2017 _10/14/16 COMPENSATION $ NO CHANGE (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE AMOUNT: N/A ❑ RETAINAGE BY (SEE CONTRACT) OR X RETAINAGE BOND PROVIDED PLEASE CHARGE TO: /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED OJECT MANAGER 5T--- t • 1 � , . 1 -1 MANAGEMENT (IF APPLICABLE) ,c� APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: NI 1/3‘ COUNCIL APPROVAL DATE: TO VENDOR/CONTRACTOR DATE SENT: \ /L°1 � t -I DATE REC'D: 951/) ) SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT (MAYOR OR DIRECTOR) / 3 /7 CLERK � a'f ( AG# AG# jig -1 A COPY RETURNED DATE SENT: t -1 -I1 : CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #16 -135 1 1/31/17_ PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER Parks Asphalt Trail Repairs Tony Lind Paving, LLC PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ❑ Unchanged ® Increased ❑ Decreased by 334 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 tie types of construction. /'At� A OR'S SIGNATURE CHANGE ORDER AGREEMENT 1 1/15 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: M. `OR'S SIGNATURE CHANGE ORDER AGREEMENT 2 1/15 Federal Way Date: January 17, 2017 To: Tony Lind Paving, LLC 23048 172nd Avenue S.E. Kent, WA 98042 City of Federal Way • Parks Department 33325 8th Avenue South • Federal Way, WA 98003 Phone 253 - 835 -6901 • Fax 253 - 835 -2569 • www.cityoffederalway.com Jim Ferrell, Mayor LETTER OF TRANSMITTAL From: Mary Jaenicke, Administrative Assistant to Steve Ikerd, Parks Deputy Director RE: Contract Change Order No. 1 Parks Asphalt Trail Repairs (AG# 16 -135) TRANSMITTED As CHECKED BELOW: ® For Your Review ❑ As Requested ® Please Return ❑ For Your Approval ❑ For Your Information ❑ Other ® For Your Action ❑ Under Separate Cover ❑ Via ITEMS /COPIES DESCRIPTION 1 Contract Change Order Comments: Please sign and return the enclosed change order. The city is amending the completion date of the contract to December 31, 2017. If you have any questions please contact Steve Ikerd at 253 -835- 6911. Thank you RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS / c T 1 2. ORIGINATING STAFF PERSON: J-.. 1 V� EXT: G9 I,1 3. DATE REQ. BY: MAP 4. TYPE OF DOCUMENT (CHECK ONE): CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RF ) ❑ PUBLIC WORKS CONTRACT SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL ❑ OTHER D,, ,� 5. PROJECT NAME: Psr r k 1 .-% 1, 1r►IYai, re, , . NAME OF CONTRACTOR: --r- 6 Y. Lt rit PL..J ` L-\_ &_. /� ADDRESS: I^� KS� `J '0 ` TELEPHONE: 253- ( 7)1. �, L I o E -MAIL: FAX: � --r^ SIGNATURE NAME: 1 rl L1 TITLE: 0%....rte• /YYYnC� -:esA✓ 7. EXHIBITS AND ATTACHMENTS:` SCOPE, WORK OR SERVICES . COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBIT PROOF OF AUTHORITY TO SIGN ) REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # 09 i L.71 S3 BL, EXP. 12/31/ I ( UBI # (,0 ag 13 55 v , EXP. 33 i/ 1 8. TERM: COMMENCEMENT DATE: 1 0•1111/ 1j/J 4 COMPLETION DATE: k/ 311/1 T L (INCLUDE EXPENSES L 9. TOTAL COMPENSATION: $ go )' 1 I Lo Li ,, S AND SAES 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: $ S SALES TAX OW: AYES ❑ NO IF YES, $ I 1 —1 i `-1, 7 47 PAID BY: ❑ CONTRACTOR ❑ CITY ED 2--44-% - 44 L , 3-1 - 3G, iL �e ❑ PURCHASING: PLEASE CHARGE To: -.30_7') - 1 1 ov -) 7,1 - DI I -iV - L KLi 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED I6JECT MANAGER E 5 t. e' rZ' t tO ❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT 'z, 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: � / I ,) / 1 k/ COUNCIL APPROVAL DATE: 9 / 24-11/ i, 12. CONTRACT SIGNATURE ROUTING ( DATE REC'D: 1) 6/)❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 9 / / 1 O te ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGN 10 ❑ LAW DEPT L1 !.. 1711 ._ I -S GNATORY (MAYOR OR DIRECTOR) iltrir— O 411144 ❑ CITY CLERK / 7 ZIT ❑ ASSIGNED AG # AG# - MI ❑ SIGNED COPY RETURNED DATE SENT: • " AM ❑ RETURN ONE ORIGINAL COMMENTS: 11/9 SMALL PUBLIC WORKS CONTRACT FOR PARKS ASPHALT TRAIL REPAIRS This small public works contract ( "Contract ") is dated effective this / 27` day of 02:r 2- 24 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Tony Lind Paving, LLC, a Washington Limited Liability Company ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at various park locations in 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 Parks Asphalt Trail Repairs 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 31st day of January, 2017. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual Rev 4/16 - 1 - cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C 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 Rev 4/16 — 2 - setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 31st day of January 2017, 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. 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 4/16 — 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 One Hundred Twenty Thousand Seven Hundred Eighty -Seven and 19/100 Dollars ($120,787.19), Washington State sales tax equal to Eleven Thousand Four Hundred Seventy -Four and 79/100 Dollars ($11,474.79), for a total amount not to exceed One Hundred Thirty -Two Thousand Two Hundred Sixty -One and 98/100 Dollars ($132,261.98), which amount shall constitute full and complete payment by the City. (i) Additional Services. The City agrees to pay the Contractor a fixed fee equal to Fifty -Six Dollars and 51/100 Dollars ($56.51) per square foot for additional services. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof,) the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Steve Ikerd Public Works Department 33325 8th Avenue South Federal Way, WA 98003 -6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor's Retainage Agreement Rev 4/16 — 4 - attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ( "Fund ") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty -five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere Rev 4/16 — 5 - with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; Rev 4/16 — 6 - (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or Rev 4/16 — 7 procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE /PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance /Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract as less than Thirty -Five Thousand Dollars ($35,000.00), the City may, in lieu of a bond, retain fifty percent (50 %) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health 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 Rev 4/16 — 8 - likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of 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 Rev 4/16 — 9 - City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. Rev 4/16 — 10 — 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of Rev 4/16 — 11 - possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. Rev 4/16 — 12 - APPROVED AS TO FORM: City Attorney, 4a, STATE OF WASHINGTON ) ) ss. COUNTY OF r∎l ( ) CITY OF FEDERAL WAY 0 / / F rrell, Mayor /r 3325 8th Avenue South Federal Way, WA 98003 -6325 ATTEST: erk, Stephanie Court yam+ - MC TONY LIND PAVING, LLC By: 7 -6-S Tony/Lind Its: Owner 23048 172nd Avenue SE Kent, WA 98042 (253) 630 -7612 On this day personally appeared before me Tony Lind, to me known to be the Owner of Tony Lind Paving, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and o 94. sea l this \\\‘‘R‘ EY L iN /' % ;co : NO rolok -d/ .I''tef n, e of notary) 'O tic • Notary Public 1 and for the Sta e of ashington. O �My commission expires 504 c)01-7 per. 201 a\\ WAS - 13 - Rev 4/16 day of , 20 a C , EXHIBIT "A" SCOPE OF WORK TECHNICAL SPECIFICATIONS The following list of Divisions 1 -31 comprise the Technical Specifications DIVISION 1 Summary 011000 Project Management and Coordination 4937 REGISTERED 013100 Submittal Procedures ARCHITECT 013300 Quality Requirements , A , 014000 References DAVID A. CLARK 014200 Product Requirements STATE OF WASHINGTON 016000 Execution 017300 Construction Waste Management and Disposal 017419 Closeout Procedures 017700 DIVISION 31 Earth Moving 312000 Asphalt Paving 321216 Rev 4/16 — 14 - SECTION 011000 SUMMARY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes: 1. Project information. 2. Work by Owner. 3. Owner - furnished products. 4. Access to site. 5. Work restrictions. 6. Specification and drawing conventions. 7. Permits 8. Miscellaneous provisions. B. Related Section: 1. Division 1 Section "Temporary Facilities and Controls" for limitations and procedures governing temporary use of Owner's facilities. 1.3 WORK BY OTHERS: A. General: Cooperate fully with other contractor or Owner's own forces so work may be carried out smoothly, without interfering with or delaying work under this Contract or work by Owner. Coordinate the Work of this Contract with work performed by Owner. B. Phased schedule: The work under this contract shall be accomplished in phases, as completion of the work is tied to available funding. Contractor shall bid the work accordingly. 1.4 OWNER - FURNISHED PRODUCTS A. Owner will furnish products indicated. The Work includes receiving, unloading, handling, storing, protecting, and installing Owner - furnished products. B. Owner - Furnished Products: 1. None Rev 4/16 — 15 — 1.5 ACCESS TO SITE A. General: Contractor shall have full use of Project site for construction operations. B. Use of Site: Limit use of Project site to work in areas agreed upon with the Owner. Do not disturb portions of Project site beyond those areas. 1. Driveways, Walkways and Entrances: Keep driveways, parking lots, and entrances serving nearby public and private entities clear and available at all times. Do not use these areas for parking or storage of materials unless specifically indicated on the drawings. a. Schedule deliveries to minimize use of streets and public right of ways. b. Schedule deliveries to minimize space and time requirements for storage of materials and equipment on -site. 2. Park open: The park will be open for use. Contractor shall take all necessary precautions, including but not limited to: security fencing, signage and ribbon to protect the workers and the public during construction and after hours. 3. Interaction with the public: Contractor shall treat users of the park with respect and dignity at all times. 1.6 WORK RESTRICTIONS A. Work Restrictions, General: Comply with restrictions on construction operations. 1. Comply with limitations on use of public streets and other requirements of authorities having jurisdiction. B. On -Site Work Hours: As allowed by the City of Federal Way city code. C. Hours for Utility Shutdowns: Do not interrupt utilities serving facilities occupied by Owner or others except as agreed by the Architect and with 72 hours' notice. D. Controlled Substances: Use of tobacco products and controlled substances on the Project site or the entire park is not permitted. 1.7 SPECIFICATION AND DRAWING CONVENTIONS A. Specification Content: The Specifications use certain conventions for the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations. These conventions are as follows: 1. Imperative mood and streamlined language are generally used in the Specifications. The words "shall," "shall be," or "shall comply with," depending on the context, are implied where a colon (:) is used within a sentence or phrase. 2. Specification requirements are to be performed by Contractor unless specifically stated otherwise. B. Division 1 General Requirements: Requirements of Sections in Division 1 apply to the Work of all Sections in the Specifications. Rev 4/16 — 16 — C. Drawing Coordination: Requirements for materials and products identified on the Drawings are described in detail in the Specifications. One or more of the following are used on the Drawings to identify materials and products: 1. Terminology: Materials and products are identified by the typical generic terms used in the individual Specifications Sections. 2. Abbreviations: Materials and products are identified by abbreviations published as part of the U.S. National CAD Standard and scheduled on Drawings. 3. Keynoting: Materials and products are identified by reference keynotes referencing Specification Section numbers found in this Project Manual. 1.8 PERMIT REQUIREMENTS A. The City has applied for and has paid for the following permits, the contractor shall sign for and pick up the building permit. Contractor shall apply, obtain and pay for all other permits, including ROW and deferred submittals, as required for completion of the project. 1.9 MISCELLANEOUS PROVISIONS A. Daily clean up: Contractor shall clean building interior at the end of each day to level required by the Owner for the next day's operations. PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION (Not Used) END OF SECTION Rev 4/16 — 17 — SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART 4 - GENERAL 4.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 4.2 SUMMARY A. Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General project coordination procedures. 2. Key personnel. 3. Coordination drawings. 4. Requests for Information (RFIs). 5. Project meetings. B. Each contractor shall participate in coordination requirements. Certain areas of responsibility are assigned to a specific contractor. C. Related Sections: 1. Division 1 Section "Construction Progress Documentation" for preparing and submitting Contractor's construction schedule. 2. Division 1 Section "Execution Requirements" for procedures for coordinating general installation and field- engineering services, including establishment of benchmarks and control points. 3. Division 1 Section "Closeout Procedures" for coordinating closeout of the Contract. 4.3 DEFINITIONS A. RFI: Request from Owner, Architect, or Contractor seeking information from each other during construction. 4.4 GENERAL PROJECT COORDINATION PROCEDURES A. Coordination: Each contractor shall coordinate its construction operations with those of other contractors and entities to ensure efficient and orderly installation of each part of the Work. Each contractor shall coordinate its operations with operations, included in different Sections, that depend on each other for proper installation, connection, and operation. Rev 4/16 — 18 — 1. Schedule construction operations in sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 2. Coordinate installation of different components with other contractors to ensure maximum performance and accessibility for required maintenance, service, and repair. 3. Make adequate provisions to accommodate items scheduled for later installation. B. Prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and list of attendees at meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other contractors to avoid conflicts and to ensure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1. Preparation of Contractor's construction schedule. 2. Preparation of the schedule of values. 3. Installation and removal of temporary facilities and controls. 4. Delivery and processing of submittals. 5. Progress meetings. 6. Preinstallation conferences. 7. Project closeout activities. 8. Startup and adjustment of systems. 9. Project closeout activities. 10. Salvage materials and equipment involved in performance of, but not actually incorporated into, the Work. Deliver items specifically identified to the Owner, legally dispose of the other items. 4.5 KEY PERSONNEL A. Key Personnel Names: Within 5 days of notice to proceed, submit a list of key personnel assignments, including superintendent and other personnel in attendance at Project site. Identify individuals and their duties and responsibilities; list addresses and telephone numbers, including home, office, and cellular telephone numbers and email addresses. Provide names, addresses, and telephone numbers of individuals assigned as standbys in the absence of individuals assigned to Project. 1. Post copies of list in project meeting room, in temporary field office, and by each temporary telephone. Keep list current at all times. 4.6 REQUESTS FOR INFORMATION (RFIs) A. General: Immediately on discovery of the need for additional information or interpretation of the Contract Documents, Contractor shall prepare and submit an RFI in the form specified. Rev 4/16 — 19 - 1. Architect will return RFIs submitted to Architect by other entities controlled by Contractor with no response. 2. Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor's work or work of subcontractors. B. Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the following: 1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Architect. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor's suggested resolution. If Contractor's solution(s) impacts the Contract Time or the Contract Sum, Contractor shall state impact in the RFI. 12. Contractor's signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings, coordination drawings, and other information necessary to fully describe items needing interpretation. a. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches. C. Architect's Action: Architect will review each RFI, determine action required, and respond. Allow seven working days for Architect's response for each RFI. RFIs received by Architect after 1:00 p.m. will be considered as received the following working day. 1. The following RFIs will be returned without action: a. Requests for approval of submittals. b. Requests for approval of substitutions. c. Requests for coordination information already indicated in the Contract Documents. d. Requests for adjustments in the Contract Time or the Contract Sum. e. Incomplete RFIs or inaccurately prepared RFIs. 2. Architect's action may include a request for additional information, in which case Architect's time for response will date from time of receipt of additional information. 3. Architect's action on RFIs that may result in a change to the Contract Time or the Contract Sum may be eligible for Contractor to submit Change Proposal according to Division 1 Section "Contract Modification Procedures." a. If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify Architect in writing within 5 calendar days of receipt of the RFI response. Rev 4/16 — 20 — D. On receipt of Architect's action, update the RFI log and immediately distribute the RFI response to affected parties. Review response and notify Architect within five calendar days if Contractor disagrees with response. E. RFI Log: Prepare, maintain, and submit a tabular log of RFIs organized by the RFI number. Submit log weekly. Include the following: 1. Project name. 2. Name of contractor originating RFI. 3. RFI number including RFIs that were dropped and not submitted. 4. RFI description. 5. Date the RFI was submitted. 6. Date Architect's response was received. 7. Identification of related Minor Change in the Work, Construction Change Directive, and Proposal Request, as appropriate. 4.7 PROJECT MEETINGS A. Preconstruction Conference: Architect will schedule and conduct a preconstruction conference before starting construction, at a time convenient to Owner and Architect. 1. Attendees: Authorized representatives of Owner, Architect, and their consultants; Contractor and its superintendent; major subcontractors; suppliers; and other concerned parties shall attend the conference. Participants at the conference shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Contractor shall schedule required pre - construction meetings with the City of Federal Way as required for permit requirements. 3. Agenda: Discuss items of significance that could affect progress, including the following: a. Tentative construction schedule. b. Phasing. c. Critical work sequencing and long -lead items. d. Designation of key personnel and their duties. e. Lines of communications. f. Procedures for processing field decisions and Change Orders. g. Procedures for RFIs. h. Procedures for testing and inspecting. i. Procedures for processing Applications for Payment. j. Distribution of the Contract Documents. k. Submittal procedures. 1. Preparation of record documents. m. Work restrictions. n. Working hours. o. Responsibility for temporary facilities and controls. p. Construction waste management and recycling. q. Parking availability. r. Office, work, and storage areas. s. Equipment deliveries and priorities. t. First aid. u. Security. Rev 4/16 — 21 — v. Progress cleaning. 4. Minutes: The Architect will record and distribute meeting minutes. B. Progress Meetings: Conduct progress meetings at regularly weekly intervals as agreed upon by the Contractor, the Architect and the Owner between the hours of 7 a.m. to 3 p.m. 1. Attendees: In addition to representatives of Owner and Architect, each contractor, subcontractor, supplier, and other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the meeting shall be familiar with Project and authorized to conclude matters relating to the Work. 2. Agenda: Review and correct or approve minutes of previous progress meeting. Review other items of significance that could affect progress. Include topics for discussion as appropriate to status of Project. a. Contractor's Construction Schedule: Review progress since the last meeting. Determine whether each activity is on time, ahead of schedule, or behind schedule, in relation to Contractor's construction schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to ensure that current and subsequent activities will be completed within the Contract Time. 1) Review schedule for next period. b. Review present and future needs of each entity present, including the following: 1) Interface requirements. 2) Sequence of operations. 3) Status of submittals. 4) Deliveries. 5) Off -site fabrication. 6) Access. 7) Site utilization. 8) Temporary facilities and controls. 9) Progress cleaning. 10) Quality and work standards. 11) Status of correction of deficient items. 12) Field observations. 13) Status of RFIs. 14) Status of proposal requests. 15) Pending changes. 16) Status of Change Orders. 17) Pending claims and disputes. 18) Documentation of information for payment requests. 3. Minutes: Architect shall record significant discussions and agreements achieved. Distribute the meeting minutes to all attendees. 4. Schedule: Rev 4/16 — 22 — a. Schedule Updating: Revise Contractor's construction schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue revised schedule concurrently with the report of each meeting. PART 5 - PRODUCTS (Not Used) PART 6 - EXECUTION (Not Used) END OF SECTION Rev 4/16 — 23 — SECTION 013300 SUBMITTAL PROCEDURES PART 7 - GENERAL 7.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 7.2 SUMMARY A. Section includes requirements for the submittal schedule and administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other submittals. B. Related Sections: 1. Division 1 Section "Project Management and Coordination" for submitting schedules and reports, including Contractor's construction schedule. 2. Division 1 Section "Project Record Documents" for submitting record Drawings, record Specifications, and record Product Data. 3. Division 1 Section "Operation and Maintenance Data" for submitting operation and maintenance manuals. 7.3 DEFINITIONS A. Action Submittals: Written and graphic information and physical samples that require Architect's responsive action. Action submittals are those submittals indicated in individual Specification Sections as action submittals. B. Informational Submittals: Written and graphic information and physical samples that do not require Architect's responsive action. Submittals may be rejected for not complying with requirements. Informational submittals are those submittals indicated in individual Specification Sections as informational submittals. C. Portable Document Format (PDF): An open standard file format licensed by Adobe Systems used for representing documents in a device - independent and display resolution- independent fixed- layout document format. 7.4 ACTION SUBMITTALS A. Submittal Schedule: Submit a schedule of submittals, arranged in chronological order by dates required by construction schedule. Include time required for review, ordering, manufacturing, fabrication, and delivery when establishing dates. Include additional time required for making Rev 4/16 — 24 — corrections or modifications to submittals noted by the Architect and additional time for handling and reviewing submittals required by those corrections. 1. Coordinate submittal schedule with list of subcontracts, the schedule of values, and Contractor's construction schedule. 2. Final Submittal: Submit concurrently with the first complete submittal of Contractor's construction schedule. 3. Format: Arrange the following information in a tabular format: a. Scheduled date for first submittal. b. Specification Section number and title. c. Submittal category: Action, informational. d. Name of subcontractor. e. Description of the Work covered. f. Scheduled date for Architect's final release or approval. 7.5 SUBMITTAL ADMINISTRATIVE REQUIREMENTS A. Architect's Digital Data Files: Electronic copies of CAD Drawings of the Contract Drawings will be provided by Architect for Contractor's use in preparing submittals. 1. Architect will furnish Contractor one set of digital data drawing files of the Contract Drawings for use in preparing Shop Drawings. a. Architect makes no representations as to the accuracy or completeness of digital data drawing files as they relate to the Contract Drawings. b. Digital Drawing Software Program: The Contract Drawings are available in AutoCAD 2010 -2015 formats. B. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Submit all submittal items required for each Specification Section concurrently unless partial submittals for portions of the Work are indicated on approved submittal schedule. 3. Submit action submittals and informational submittals required by the same Specification Section as separate packages under separate transmittals. 4. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. Architect reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. C. Processing Time: Allow time for submittal review, including time for resubmittals, as follows. Time for review shall commence on Architect's receipt of submittal. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing, including resubmittals. Rev 4/16 — 25 — 1. Initial Review: Allow 10 calendar days for initial review of each submittal. Allow additional time if coordination with subsequent submittals is required. Architect will advise Contractor when a submittal being processed must be delayed for coordination. 2. Intermediate Review: If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Resubmittal Review: Allow 5 days for review of each resubmittal. 4. Concurrent Consultant Review: Where the Contract Documents indicate that submittals may be transmitted simultaneously to Architect and to Architect's consultants, allow 10 days for review of each submittal. Submittal will be returned to Architect before being returned to Contractor. D. Identification and Information: Place a permanent label or title block on each paper copy submittal item for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Include the following information for processing and recording action taken: a. Project name. b. Date. c. Name of Architect. d. Name of Contractor. e. Name of subcontractor. f. Name of supplier. g. Name of manufacturer. h. Submittal number or other unique identifier, including revision identifier. i. Number and title of appropriate Specification Section. j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. 1. Other necessary identification. E. Identification and Information: Identify and incorporate information in each electronic submittal file as follows: 1. Assemble complete submittal package into a single indexed file with links enabling navigation to each item. 2. Name file with submittal number or other unique identifier, including revision identifier. 3. Provide means for insertion to permanently record Contractor's review and approval markings and action taken by Architect. 4. Include the following information on an inserted cover sheet: a. Project name. b. Date. c. Name and address of Architect. d. Name of Contractor. e. Name of firm or entity that prepared submittal. f. Name of subcontractor. g. Name of supplier. h. Name of manufacturer. i. Number and title of appropriate Specification Section. Rev 4/16 — 26 — j. Drawing number and detail references, as appropriate. k. Location(s) where product is to be installed, as appropriate. 1. Related physical samples submitted directly. m. Other necessary identification. 5. Include the following information as keywords in the electronic file metadata: a. Project name. b. Number and title of appropriate Specification Section. c. Manufacturer name. d. Product name. F. Options: Identify options requiring selection by the Architect. G. Deviations: Identify deviations from the Contract Documents on submittals. H. Transmittal: Assemble each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Architect will discard submittals received from sources other than Contractor. 1. Transmittal Form: Provide locations on form for the following information: a. Project name. b. Date. c. Destination (To:). d. Source (From:). e. Names of subcontractor, manufacturer, and supplier. f. Category and type of submittal. g. Submittal purpose and description. h. Specification Section number and title. i. Indication of full or partial submittal. j. Drawing number and detail references, as appropriate. k. Transmittal number. 1. Submittal and transmittal distribution record. m. Remarks. n. Signature of transmitter. 2. On an attached separate sheet, prepared on Contractor's letterhead, record relevant information, requests for data, revisions other than those requested by Architect on previous submittals, and deviations from requirements in the Contract Documents, including minor variations and limitations. Include same identification information as related submittal. I. Resubmittals: Make resubmittals in same form and number of copies as initial submittal. 1. Note date and content of previous submittal. 2. Note date and content of revision in label or title block and clearly indicate extent of revision. 3. Resubmit submittals until they are marked with approval notation from Architect. Rev 4/16 — 27 — J. Distribution: Furnish copies of final submittals to manufacturers, subcontractors, suppliers, fabricators, installers, authorities having jurisdiction, and others as necessary for performance of construction activities. Show distribution on transmittal forms. K. Use for Construction: Use only final submittals that are marked with approval notation from Architect. PART 8 - PRODUCTS 8.1 SUBMITTAL PROCEDURES A. General Submittal Procedure Requirements: Prepare and submit submittals required by individual Specification Sections. Types of submittals are indicated in individual Specification Sections. 1. Submit electronic submittals via email as PDF electronic files (preferred). Paper copies will be accepted if no other option is available. a. Architect will return one annotated file. Annotate and retain one copy of file as an electronic Project record document file. 2. Action Submittals: Submit four paper copies of each submittal plus the number requested back, unless otherwise indicated. 3. Informational Submittals: Submit four paper copies of each submittal plus the number requested back, unless otherwise indicated 4. Closeout Submittals and Maintenance Material Submittals: Comply with requirements specified in Division 1 Section "Closeout Procedures." 5. Certificates and Certifications Submittals: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. a. Provide a digital signature with digital certificate on electronically- submitted certificates and certifications where indicated. b. Provide a notarized statement on original paper copy certificates and certifications where indicated. 6. Test and Inspection Reports Submittals: Comply with requirements specified in Division 1 Section "Quality Requirements." B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard published data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's catalog cuts. Rev 4/16 — 28 — b. Manufacturer's product specifications. c. Standard color charts. d. Statement of compliance with specified referenced standards. e. Testing by recognized testing agency. f. Application of testing agency labels and seals. g. Notation of coordination requirements. h. Availability and delivery time information. 4. For equipment, include the following in addition to the above, as applicable: a. Wiring diagrams showing factory- installed wiring. b. Printed performance curves. c. Operational range diagrams. d. Clearances required to other construction, if not indicated on accompanying Shop Drawings. 5. Submit Product Data before or concurrent with Samples. 6. Submit Product Data in the following format: a. PDF electronic file, or: b. Four paper copies of Product Data plus number of copies requested to be returned. C. Shop Drawings: Prepare Project - specific information, drawn accurately to scale. 1. Preparation: Fully illustrate requirements in the Contract Documents. Include the following information, as applicable: a. Identification of products. b. Schedules. c. Compliance with specified standards. d. Notation of coordination requirements. e. Notation of dimensions established by field measurement. f. Relationship and attachment to adjoining construction clearly indicated. g. Seal and signature of professional engineer if specified. 2. Submit Shop Drawings in the following format: a. PDF electronic file. D. Samples: Submit Samples for review of kind, color, pattern, and texture for a check of these characteristics with other elements and for a comparison of these characteristics between submittal and actual component as delivered and installed. 1. Transmit Samples that contain multiple, related components such as accessories together in one submittal package. 2. Identification: Attach label on unexposed side of Samples that includes the following: a. Generic description of Sample. b. Product name and name of manufacturer. c. Sample source. d. Number and title of applicable Specification Section. Rev 4/16 — 29 — 3. Disposition: Maintain sets of approved Samples at Project site, available for quality - control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. a. Samples that may be incorporated into the Work are indicated in individual Specification Sections. Such Samples must be in an undamaged condition at time of use. b. Samples not incorporated into the Work, or otherwise designated as Owner's property, are the property of Contractor. 4. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Number of Samples: Submit two full set(s) of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. Architect will return one submittal with options selected. 5. Samples for Verification: Submit full -size units or Samples of size indicated, prepared from same material to be used for the Work, cured and finished in manner specified, and physically identical with material or product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, the following: partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Number of Samples: Submit two sets of Samples. Architect will retain two Sample sets; remainder will be returned. 1) Submit a single Sample where assembly details, workmanship, fabrication techniques, connections, operation, and other similar characteristics are to be demonstrated. 2) If variation in color, pattern, texture, or other characteristic is inherent in material or product represented by a Sample, submit at least three sets of paired units that show approximate limits of variations. E. Contractor's Construction Schedule: Comply with requirements specified in Division 1 Section "Construction Progress Documentation." F. Application for Payment: Comply with requirements specified in Division 1 Section "Payment Procedures." G. Schedule of Values: Comply with requirements specified in the project manual. H. Subcontract List: Prepare a written summary identifying individuals or firms proposed for each portion of the Work, including those who are to furnish products or equipment fabricated to a special design. Include the following information in tabular form: 1. Name, address, and telephone number of entity performing subcontract or supplying products. Rev 4/16 — 30 — 2. Number and title of related Specification Section(s) covered by subcontract. 3. Drawing number and detail references, as appropriate, covered by subcontract. 4. Submit subcontract list in the following format: a. PDF electronic file. I. Coordination Drawings: Comply with requirements specified in Division 1 Section "Project Management and Coordination." J. Qualification Data: Prepare written information that demonstrates capabilities and experience of firm or person. Include lists of completed projects with project names and addresses, contact information of architects and owners, and other information specified. K. Welding Certificates: Prepare written certification that welding procedures and personnel comply with requirements in the Contract Documents. Submit record of Welding Procedure Specification and Procedure Qualification Record on American Welding Society (AWS) forms. Include names of firms and personnel certified. L. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements in the Contract Documents and, where required, is authorized by manufacturer for this specific Project. M. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements in the Contract Documents. Include evidence of manufacturing experience where required. N. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements in the Contract Documents. 0. Material Certificates: Submit written statements on manufacturer's letterhead certifying that material complies with requirements in the Contract Documents. P. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements in the Contract Documents. Q. Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements in the Contract Documents. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. R. Research Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. Include the following information: 1. Name of evaluation organization. 2. Date of evaluation. 3. Time period when report is in effect. 4. Product and manufacturers' names. 5. Description of product. 6. Test procedures and results. Rev 4/16 — 31 - 7. Limitations of use. S. Schedule of Tests and Inspections: Comply with requirements specified in Division 1 Section "Quality Requirements." T. Preconstruction Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of tests performed before installation of product, for compliance with performance requirements in the Contract Documents. U. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. V. Field Test Reports: Submit reports indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements in the Contract Documents. W. Maintenance Data: Comply with requirements specified in Division 1 Section "Operation and Maintenance Data." X. Design Data: Prepare and submit written and graphic information, including, but not limited to, performance and design criteria, list of applicable codes and regulations, and calculations. Include list of assumptions and other performance and design criteria and a summary of loads. Include load diagrams if applicable. Provide name and version of software, if any, used for calculations. Include page numbers. 8.2 DELEGATED - DESIGN SERVICES A. Performance and Design Criteria: Where professional design services or certifications by a design professional are specifically required of Contractor by the Contract Documents, provide products and systems complying with specific performance and design criteria indicated. 1. If criteria indicated are not sufficient to perform services or certification required, submit a written request for additional information to Architect. B. Delegated- Design Services Certification: In addition to Shop Drawings, Product Data, and other required submittals, submit paper copies of certificate, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional. 1. Indicate that products and systems comply with performance and design criteria in the Contract Documents. Include list of codes, loads, and other factors used in performing these services. Rev 4/16 — 32 — PART 9 - EXECUTION 9.1 CONTRACTOR'S REVIEW A. Action and Informational Submittals: Review each submittal and check for coordination with other Work of the Contract and for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to Architect. B. Project Closeout and Maintenance /Material Submittals: Refer to requirements in Division 1 Section "Closeout Procedures." C. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 9.2 ARCHITECT'S ACTION A. General: Architect will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: Architect will review each submittal, make marks to indicate corrections or modifications required, and return it. Architect will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action or will provide an equivalent transmittal form. C. Informational Submittals: Architect will review each submittal and will not return it, or will return it if it does not comply with requirements. Architect will forward each submittal to appropriate party. D. Partial submittals prepared for a portion of the Work will be reviewed when use of partial submittals has received prior approval from Architect. E. Incomplete submittals are not acceptable, will be considered nonresponsive, and will be returned without review. F. Submittals not required by the Contract Documents may not be reviewed and may be discarded. END OF SECTION Rev 4/16 — 33 — SECTION 014200 REFERENCES PART 10 - GENERAL 10.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 10.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. "Approved ": When used to convey Architect's action on Contractor's submittals, applications, and requests, "approved" is limited to Architect's duties and responsibilities as stated in the Conditions of the Contract. C. "Directed ": A command or instruction by Architect. Other terms including "requested," "authorized," "selected," "required," and "permitted" have the same meaning as "directed." D. "Indicated ": Requirements expressed by graphic representations or in written form on Drawings, in Specifications, and in other Contract Documents. Other terms including "shown," "noted," "scheduled," and "specified" have the same meaning as "indicated." E. "Regulations ": Laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, and rules, conventions, and agreements within the construction industry that control performance of the Work. F. "Furnish ": Supply and deliver to Project site, ready for unloading, unpacking, assembly, installation, and similar operations. G. "Install ": Operations at Project site including unloading, temporarily storing, unpacking, assembling, erecting, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. H. "Provide ": Furnish and install, complete and ready for the intended use. I. "Project Site ": Space available for performing construction activities. The extent of Project site is shown on Drawings and may or may not be identical with the description of the land on which Project is to be built. Rev 4/16 — 34 — 10.3 INDUSTRY STANDARDS A. Applicability of Standards: Unless the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with standards in effect as of date of the Contract Documents unless otherwise indicated. C. Copies of Standards: Each entity engaged in construction on Project should be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, obtain copies directly from publication source. 10.4 ABBREVIATIONS AND ACRONYMS A. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities indicated in Gale's "Encyclopedia of Associations" or in Columbia Books' "National Trade & Professional Associations of the United States." B. Industry Organizations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents. AA Aluminum Association, Inc. (The) (703) 358 -2960 www.aluminum.org AAADM American Association of Automatic Door Manufacturers (216) 241 -7333 www.aaadm.com AABC Associated Air Balance Council (202) 737 -0202 www.aabchq.com AAMA American Architectural Manufacturers Association (847) 303 -5664 www.aamanet.org AASHTO American Association of State Highway and Transportation (202) 624 -5800 Officials www.transportation.org AATCC American Association of Textile Chemists and Colorists (919) 549 -8141 www.aatcc.org ABAA Air Barrier Association of America (866) 956 -5888 www.airbarrier.org Rev 4/16 — 35 — ABMA American Bearing Manufacturers Association (202) 367 -1155 www.abma - dc.org ACI American Concrete Institute (248) 848 -3700 www.concrete.org ACPA American Concrete Pipe Association (972) 506 -7216 www.concrete - pipe.org AEIC Association of Edison Illuminating Companies, Inc. (The) (205) 257 -2530 www.aeic.org AF &PA American Forest & Paper Association (800) 878 -8878 www.afandpa.org (202) 463 -2700 AGA American Gas Association (202) 824 -7000 www.aga.org AGC Associated General Contractors of America (The) (703) 548 -3118 www.agc.org ARAM Association of Home Appliance Manufacturers (202) 872 -5955 www.aham.org AHRI Air- Conditioning, Heating, and Refrigeration Institute (703) 524 -8800 www.ahrinet.org AI Asphalt Institute (859) 288 -4960 www.asphaltinstitute.org AIA American Institute of Architects (800) 242 -3837 www.aia.org (202) 626 -7300 AISC American Institute of Steel Construction (800) 644 -2400 www.aisc.org (312) 670 -2400 AISI American Iron and Steel Institute (202) 452 -7100 www.steel.org AITC American Institute of Timber Construction (303) 792 -9559 www.aitc - glulam.org ALSC American Lumber Standard Committee, Incorporated (301) 972 -1700 www.alsc.org AMCA Air Movement and Control Association International, Inc. (847) 394 -0150 www.amca.org ANSI American National Standards Institute (202) 293 -8020 www.ansi.org Rev 4/16 — 36 — AOSA Association of Official Seed Analysts, Inc. (405) 780 -7372 www.aosaseed.com APA Architectural Precast Association • (239) 454 -6989 www.archprecast.org APA APA - The Engineered Wood Association (253) 565 -6600 www.apawood.org API American Petroleum Institute (202) 682 -8000 www.api.org ARI Air - Conditioning & Refrigeration Institute (Now AHRI) ARMA Asphalt Roofing Manufacturers Association (202) 207 -0917 www.asphaltroofing.org ASCE American Society of Civil Engineers (800) 548 -2723 www.asce.org (703) 295 -6300 ASCE /SEI American Society of Civil Engineers /Structural Engineering Institute (See ASCE) ASHRAE ASME ASSE ASSE ASTM ATIS AWCI American Society of Heating, Refrigerating and Air- (800) 527 -4723 Conditioning Engineers www.ashrae.org (404) 636 -8400 ASME International (800) 843 -2763 (American Society of Mechanical Engineers International) (973) 882 -1170 www.asme.org American Society of Safety Engineers (847) 699 -2929 www.asse.org American Society of Sanitary Engineering (440) 835 -3040 www.asse - plumbing.org ASTM International (610) 832 -9500 (American Society for Testing and Materials International) www.astm.org Alliance for Telecommunications Industry Solutions (202) 628 -6380 www.atis.org Association of the Wall and Ceiling Industry (703) 534 -8300 www.awci.org AWCMA American Window Covering Manufacturers Association Rev 4/16 — 37 — (Now WCMA) AWI Architectural Woodwork Institute (571) 323 -3636 www.awinet.org AWPA American Wood Protection Association (205) 733 -4077 (Formerly: American Wood Preservers' Association) www.awpa.com AWS American Welding Society (800) 443 -9353 www.aws.org (305) 443 -9353 AWWA American Water Works Association (800) 926 -7337 www.awwa.org (303) 794 -7711 BHMA Builders Hardware Manufacturers Association (212) 297 -2122 www.buildershardware.com BIA Brick Industry Association (The) (703) 620 -0010 www.bia.org BICSI BICSI, Inc. (800) 242 -7405 www.bicsi.org (813) 979 -1991 BIFMA BIFMA International (616) 285 -3963 (Business and Institutional Furniture Manufacturer's Association International) www.bifma.com BISSC Baking Industry Sanitation Standards Committee (866) 342 -4772 www.bissc.org BWF Badminton World Federation 6 -03 -9283 7155 (Formerly: IBF - International Badminton Federation) www.internationalbadminton.org CCC Carpet Cushion Council (610) 527 -3880 www.carpetcushion.org CDA Copper Development Association (212) 251 -7200 www.copper.org CEA Canadian Electricity Association (613) 230 -9263 www.canelect.ca CEA Consumer Electronics Association (866) 858 -1555 www.ce.org (703) 907 -7600 CFFA Chemical Fabrics & Film Association, Inc. (216) 241 -7333 www.chemicalfabricsandfilm.com Rev 4/16 — 38 — CGA CIMA CISCA CISPI CLFMI CRRC CPA CPPA CRI CRSI CSA CSA CSI CSI CSSB CTI DHI Rev 4/16 Compressed Gas Association www.cganet.com Cellulose Insulation Manufacturers Association www.cellulose.org Ceilings & Interior Systems Construction Association www.cisca.org Cast Iron Soil Pipe Institute www.cispi.org Chain Link Fence Manufacturers Institute www.chainlinkinfo.org Cool Roof Rating Council www.coolroofs.org Composite Panel Association www.pbmdf.com Corrugated Polyethylene Pipe Association www.plasticpipe.org Carpet and Rug Institute (The) www.carpet - rug.com Concrete Reinforcing Steel Institute www.crsi.org Canadian Standards Association CSA International (Formerly: IAS - International Approval Services) www.csa- international.org Cast Stone Institute www.caststone.org Construction Specifications Institute (The) www.csinet.org Cedar Shake & Shingle Bureau www.cedarbureau.org Cooling Technology Institute (Formerly: Cooling Tower Institute) www.cti.org Door and Hardware Institute — 39 — (703) 788 -2700 (888) 881 -2462 (937) 222 -2462 (630) 584 -1919 (423) 892 -0137 (301) 596 -2583 (866) 465 -2523 (510) 485-7175 (703) 724 -1128 (800) 510 -2772 (202) 462 -9607 (706) 278 -3176 (847) 517 -1200 (800) 463 -6727 (416) 747 -4000 (866) 797 -4272 (416) 747 -4000 (717) 272 -3744 (800) 689 -2900 (703) 684 -0300 (604) 820-7700 (281) 583 -4087 (703) 222 -2010 www.dhi.org ECA Electronic Components Association (703) 907 -8024 www.ec - central.org EIA Electronic Industries Alliance (703) 907 -7500 www.eia.org EIMA EIFS Industry Members Association (800) 294 -3462 www.eima.com (770) 968 -7945 EJCDC Engineers Joint Contract Documents Committee (703) 295 -5000 www.ejdc.org EJMA Expansion Joint Manufacturers Association, Inc. (914) 332 -0040 www.ejma.org ESD ESD Association (315) 339 -6937 (Electrostatic Discharge Association) www.esda.org ETL SEMCO Intertek ETL SEMCO (800) 967 -5352 (Formerly: ITS - Intertek Testing Service NA) www.intertek- etlsemko.com FIBA Federation Internationale de Basketball 41 22 545 00 00 (The International Basketball Federation) www.fiba.com FIVB Federation Internationale de Volleyball 41 21 345 35 35 (The International Volleyball Federation) www.fivb.org FM Approvals FM Approvals LLC (781) 762 -4300 www.fmglobal.com FM Global FM Global (401) 275 -3000 (Formerly: FMG - FM Global) www.fmglobal.com FRSA Florida Roofing, Sheet Metal & Air Conditioning Contractors Association, Inc. www.floridaroof.com (407) 671 -3772 FSA Fluid Sealing Association (610) 971 -4850 www.fluidsealing.com FSC Forest Stewardship Council 49 228 367 66 0 www.fsc.org GA Gypsum Association (202) 289 -5440 Rev 4/16 — 40 — www.gypsum.org GANA Glass Association of North America (785) 271 -0208 www.glasswebsite.com GRI (Part of GSI) GS Green Seal (202) 872 -6400 www.greenseal.org GSI Geosynthetic Institute (610) 522 -8440 www.geosynthetic - institute.org HI Hydraulic Institute (973) 267 -9700 www.pumps.org HI Hydronics Institute (908) 464 -8200 www.gamanet.org HMMA Hollow Metal Manufacturers Association (Part of NAAMM) HPVA Hardwood Plywood & Veneer Association (703) 435 -2900 www.hpva.org HPW H. P. White Laboratory, Inc. (410) 838 -6550 www.hpwhite.com IAS International Approval Services (Now CSA International) IBF International Badminton Federation (Now BWF) ICEA Insulated Cable Engineers Association, Inc. (770) 830 -0369 www.icea.net ICRI International Concrete Repair Institute, Inc. (847) 827 -0830 www.icri.org IEC International Electrotechnical Commission 41 22 919 02 11 www.iec.ch IEEE Institute of Electrical and Electronics Engineers, Inc. (The) (212) 419 -7900 www.ieee.org IES Illuminating Engineering Society (212) 248 -5000 www.ies.org IESNA Illuminating Engineering Society of North America (Now IES) Rev 4/16 — 41 — IEST IGCC IGMA ILI ISO ISSFA ITS ITU KCMA LPI MBMA MFMA MFMA MH MHIA MIA Rev 4/16 Institute of Environmental Sciences and Technology www.iest.org Insulating Glass Certification Council www.igcc.org Insulating Glass Manufacturers Alliance www.igmaonline.org Indiana Limestone Institute of America, Inc. www.iliai.com International Organization for Standardization www.iso.ch Available from ANSI www.ansi.org International Solid Surface Fabricators Association www.issfa.net Intertek Testing Service NA (Now ETL SEMCO) International Telecommunication Union www.itu.int/home Kitchen Cabinet Manufacturers Association www.kcma.org Lightning Protection Institute www.lightning.org Metal Building Manufacturers Association www.mbma.com Maple Flooring Manufacturers Association, Inc. www.maplefloor.org Metal Framing Manufacturers Association, Inc. www.metalframingmfg.org Material Handling (Now MHIA) Material Handling Industry of America www.mhia.org Marble Institute of America www.marble-institute.com - 42 - (847) 981 -0100 (315) 646 -2234 (613) 233 -1510 (812) 275 -4426 41 22 749 01 11 (202) 293-8020 (877) 464 -7732 (702) 567 -8150 41 22 730 51 11 (703) 264-1690 (800) 488 -6864 (216) 241 -7333 (888) 480 -9138 (312) 644 -6610 (800) 345 -1815 (704) 676 -1190 (440) 250 -9222 MPI Master Painters Institute (888) 674 -8937 www.paintinfo.com (604) 298 -7578 MSS Manufacturers Standardization Society of The Valve and Fittings (703) 281 -6613 Industry Inc. www.mss - hq.com NAAMM National Association of Architectural Metal Manufacturers (630) 942 -6591 www.naamm.org NACE NACE International (800) 797 -6623 (National Association of Corrosion Engineers International) (281) 228 -6200 www.nace.org NADCA National Air Duct Cleaners Association (202) 737 -2926 www.nadca.com NAGWS National Association for Girls and Women in Sport (800) 213 -7193, ext. 453 www.aahperd.org /nagws/ (703) 476 -3400 NAIMA NBGQA NCAA NCMA NCPI NCTA NEBB NECA NeLMA NEMA Rev 4/16 North American Insulation Manufacturers Association www.naima.org National Building Granite Quarries Association, Inc. www.nbgqa.com National Collegiate Athletic Association (The) www.ncaa.org National Concrete Masonry Association www.ncma.org National Clay Pipe Institute www.ncpi.org National Cable & Telecommunications Association www.ncta.com National Environmental Balancing Bureau www.nebb.org National Electrical Contractors Association www.necanet.org Northeastern Lumber Manufacturers' Association www.nelma.org National Electrical Manufacturers Association www.nema.org — 43 — (703) 684 -0084 (800) 557 -2848 (317) 917-6222 (703) 713 -1900 (262) 248 -9094 (202) 775 -2300 (301) 977 -3698 (301) 657 -3110 (207) 829 -6901 (703) 841 -3200 NETA InterNational Electrical Testing Association (888) 300 -6382 www.netaworld.org (269) 488 -6382 NFHS National Federation of State High School Associations (317) 972 -6900 www.nfhs.org NFPA NFPA (800) 344 -3555 (National Fire Protection Association) (617) 770 -3000 www.nfpa.org NFRC National Fenestration Rating Council (301) 589 -1776 www.nfrc.org NGA National Glass Association (866) 342 -5642 www.glass.org (703) 442 -4890 NHLA National Hardwood Lumber Association (800) 933 -0318 www.natlhardwood.org (901) 377 -1818 NLGA National Lumber Grades Authority (604) 524 -2393 www.nlga.org NOFMA NOFMA: The Wood Flooring Manufacturers Association (901) 526 -5016 (Formerly: National Oak Flooring Manufacturers Association) www.nofma.com NOMMA National Ornamental & Miscellaneous Metals Association (888) 516 -8585 www.nomma.org NRCA National Roofing Contractors Association (800) 323 -9545 www.nrca.net (847) 299 -9070 NRMCA National Ready Mixed Concrete Association (888) 846 -7622 www.nrmca.org (301) 587 -1400 NSF NSF International (800) 673 -6275 (National Sanitation Foundation International) (734) 769 -8010 www.nsf.org NSSGA National Stone, Sand & Gravel Association (800) 342 -1415 www.nssga.org (703) 525 -8788 NTMA National Terrazzo & Mosaic Association, Inc. (The) (800) 323 -9736 www.ntma.com (540) 751 -0930 NTRMA National Tile Roofing Manufacturers Association (Now TRI) NWFA National Wood Flooring Association (800) 422 -4556 www.woodfloors.org (636) 519 -9663 Rev 4/16 — 44 - NWWDA National Wood Window and Door Association (Now WDMA) PCI Precast/Prestressed Concrete Institute (312) 786 -0300 www.pci.org PDCA Painting & Decorating Contractors of America (800) 332 -7322 www.pdca.com (314) 514 -7322 PDI Plumbing & Drainage Institute (800) 589 -8956 www.pdionline.org (978) 557 -0720 PGI PVC Geomembrane Institute (217) 333 -3929 http: / /pgi- tp.cee.uiuc.edu PLANET Professional Landcare Network (800) 395 -2522 www.landcarenetwork.org (703) 736 -9666 PTI Post - Tensioning Institute (602) 870 -7540 www.post - tensioning.org RCSC Research Council on Structural Connections www.boltcouncil.org RFCI Resilient Floor Covering Institute (301) 340 -8580 www.rfci.com RIS Redwood.Inspection Service (925) 935 -1499 www.redwoodinspection.com SAE SAE International (877) 606 -7323 www.sae.org (724) 776 -4841 SCTE Society of Cable Telecommunications Engineers (800) 542 -5040 www.scte.org (610) 363 -6888 SDI Steel Deck Institute (847) 458 -4647 www.sdi.org SDI Steel Door Institute (440) 899 -0010 www.steeldoor.org SEFA Scientific Equipment and Furniture Association (877) 294 -5424 www.sefalabs.com (516) 294 -5424 SEI/ASCE Structural Engineering Institute /American Society of Civil Engineers (See ASCE) SGCC Safety Glazing Certification Council (315) 646 -2234 Rev 4/16 — 45 — www.sgcc.org SIA Security Industry Association (866) 817 -8888 www.siaonline.org (703) 683 -2075 SJI Steel Joist Institute (843) 626 -1995 www.steeljoist.org SMA Screen Manufacturers Association (561) 533 -0991 www.smainfo.org SMACNA Sheet Metal and Air Conditioning Contractors' (703) 803 -2980 National Association www.smacna.org SMPTE Society of Motion Picture and Television Engineers (914) 761 -1100 www.smpte.org SPFA Spray Polyurethane Foam Alliance (800) 523 -6154 www.sprayfoam.org SPIB Southern Pine Inspection Bureau (850) 434 -2611 www.spib.org SPRI Single Ply Roofing Industry (781) 647 -7026 www.spri.org SSINA Specialty Steel Industry of North America (800) 982 -0355 www.ssina.com (202) 342 -8630 SSPC SSPC: The Society for Protective Coatings (877) 281 -7772 www.sspc.org (412) 281 -2331 STI Steel Tank Institute (847) 438 -8265 www.steeltank.com SWI Steel Window Institute (216) 241 -7333 www.steelwindows.com SWRI Sealant, Waterproofing, & Restoration Institute (816) 472 -7974 www.swrionline.org TCNA Tile Council of North America, Inc. (864) 646 -8453 www.tileusa.com TIA/EIA Telecommunications Industry Association/Electronic Industries (703) 907 -7700 Alliance www.tiaonline.org TMS The Masonry Society (303) 939 -9700 www.masonrysociety.org Rev 4/16 — 46 — TPI Truss Plate Institute, Inc. (703) 683 -1010 www.tpinst.org TPI Turfgrass Producers International (800) 405 -8873 www.turfgrasssod.org (847) 649 -5555 TRI Tile Roofing Institute (312) 670 -4177 www.tileroofing.org UL Underwriters Laboratories Inc. (877) 854 -3577 www.ul.com (847) 272 -8800 UNI Uni -Bell PVC Pipe Association (972) 243 -3902 www.uni - bell.org USAV USA Volleyball (888) 786 -5539 www.usavolleyball.org (719) 228 -6800 USGBC U.S. Green Building Council (800) 795 -1747 www.usgbc.org USITT United States Institute for Theatre Technology, Inc. (800) 938 -7488 www.usitt.org (315) 463 -6463 WASTEC Waste Equipment Technology Association (800) 424 -2869 www.wastec.org (202) 244 -4700 WCLIB West Coast Lumber Inspection Bureau (800) 283 -1486 www.wclib.org (503) 639 -0651 WCMA Window Covering Manufacturers Association (212) 297 -2122 www.wcmanet.org WCSC Window Covering Safety Council (800) 506 -4636 www.windowcoverings.org (212) 297 -2109 WDMA Window & Door Manufacturers Association (800) 223 -2301 www.wdma.com (847) 299 -5200 WI Woodwork Institute (Formerly: WIC - Woodwork Institute of (916) 372 -9943 California) www.wicnet.org WIC Woodwork Institute of California (Now WI) WMMPA Wood Moulding & Millwork Producers Association (800) 550 -7889 www.wmmpa.com (530) 661 -9591 WSRCA Western States Roofing Contractors Association (800) 725 -0333 Rev 4/16 — 47 - WWPA www.wsrca.com (650) 570 -5441 Western Wood Products Association (503) 224 -3930 www.wwpa.org C. Code Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up- to -date as of the date of the Contract Documents. DIN Deutsches Institut f?r Normung e.V. 49 30 2601 -0 www.din.de IAPMO International Association of Plumbing and Mechanical Officials (909) 472 -4100 www.iapmo.org ICC International Code Council (888) 422 -7233 www.iccsafe.org ICC -ES ICC Evaluation Service, Inc. www.icc - es.org UBC Uniform Building Code (See ICC) (800) 423-6587 (562) 699 -0543 D. Federal Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents. CE Army Corps of Engineers (202) 761 -0011 www.usace.army.mil CPSC Consumer Product Safety Commission www.cpsc.gov (800) 638 -2772 (301) 504 -7923 DOC Department of Commerce (202) 482 -2000 www.commerce.gov DOD Department of Defense (215) 697 -6257 http: / /.dodssp.daps.dla.mil DOE Department of Energy (202) 586 -9220 www.energy.gov EPA Environmental Protection Agency (202) 272 -0167 www.epa.gov FAA Federal Aviation Administration (866) 835 -5322 www.faa.gov Rev 4/16 — 48 — FCC Federal Communications Commission (888) 225 -5322 www.fcc.gov FDA Food and Drug Administration (888) 463 -6332 www.fda.gov GSA General Services Administration (800) 488 -3111 www.gsa.gov HUD Department of Housing and Urban Development (202) 708 -1112 www.hud.gov LBL Lawrence Berkeley National Laboratory (510) 486 -4000 www.lbl.gov NCHRP National Cooperative Highway Research Program (See TRB) NIST National Institute of Standards and Technology www.nist.gov OSHA Occupational Safety & Health Administration www.osha.gov PBS Public Buildings Service (See GSA) (301) 975 -6478 (800) 321-6742 (202) 693 -1999 PHS Office of Public Health and Science (202) 690 -7694 www.hhs.gov /ophs RUS Rural Utilities Service (202) 720 -9540 (See USDA) SD State Department (202) 647 -4000 www.state.gov TRB Transportation Research Board (202) 334 -2934 http: / /gulliver.trb.org USDA Department of Agriculture (202) 720 -2791 www.usda.gov USPS Postal Service (202) 268 -2000 www.usps.com E. Standards and Regulations: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the standards and regulations in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents. ADAAG Americans with Disabilities Act (ADA) (800) 872- Rev 4/16 — 49 - Architectural Barriers Act (ABA) Accessibility Guidelines for Buildings and Facilities Available from U.S. Access Board www.access - board.gov 2253 (202) 272- 0080 CFR Code of Federal Regulations (866) 512- 1800 Available from Government Printing Office (202) 512- 1800 www .gpoaccess.gov /cfr /index.html DOD Department of Defense Military Specifications and Standards (215) 697- 2664 Available from Department of Defense Single Stock Point http: / /dodssp.daps.dla.mil DSCC Defense Supply Center Columbus (See FS) FED -STD Federal Standard (See FS) FS Federal Specification (215) 697- 2664 Available from Department of Defense Single Stock Point http: / /dodssp.daps.dla.mil Available from Defense Standardization Program www.dps.dla.mil Available from General Services Administration www.gsa.gov Available from National Institute of Building Sciences www.wbdg.org/ccb FTMS Federal Test Method Standard (See FS) MIL (See MILSPEC) MIL -STD (See MILSPEC) MILSPEC Military Specification and Standards Available from Department of Defense Single Stock Point http: / /dodssp.daps.dla.mil Rev 4/16 — 50 — (202)619- 8925 (202) 289- 7800 (215) 697- 2664 UFAS Uniform Federal Accessibility Standards (800) 872- 2253 Available from Access Board (202) 272- 0080 www.access - board.gov F. State Government Agencies: Where abbreviations and acronyms are used in Specifications or other Contract Documents, they shall mean the recognized name of the entities in the following list. Names, telephone numbers, and Web sites are subject to change and are believed to be accurate and up -to -date as of the date of the Contract Documents. 1. Latest edition of the "Standard Specifications for Road, Bridge and Municipal Construc- tion" prepared by the Washington State Department of Transportation and the American Public Works Association as adopted by the City. All items in the Standard Specifications relating to payment, change orders claims, time and the like are not applicable to this contract PART 11 - PRODUCTS (Not Used) PART 12 - EXECUTION (Not Used) END OF SECTION Rev 4/16 — 51 - SECTION 016000 PRODUCT REQUIREMENTS PART 13 - GENERAL 13.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 13.2 SUMMARY A. Section includes administrative and procedural requirements for selection of products for use in Project; product delivery, storage, and handling; manufacturers' standard warranties on products; special warranties; and comparable products. B. Related Sections: 1. Division 1 Section "References" for applicable industry standards for products specified. 13.3 ACTION SUBMITTALS A. Comparable Product Requests: Submit request for consideration of each comparable product. Identify product or fabrication or installation method to be replaced. Include Specification Section number and title and Drawing numbers and titles. 1. Include data to indicate compliance with the requirements specified in "Comparable Products" Article. 2. Architect's Action: If necessary, Architect will request additional information or documentation for evaluation within one week of receipt of a comparable product request. Architect will notify Contractor of approval or rejection of proposed comparable product request within 15 days of receipt of request, or seven days of receipt of additional information or documentation, whichever is later. a. Form of Approval: As specified in Division 1 Section "Submittal Procedures." b. Use product specified if Architect does not issue a decision on use of a comparable product request within time allocated. 13.4 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products using means and methods that will prevent damage, deterioration, and loss, including theft and vandalism. Comply with manufacturer's written instructions. Rev 4/16 — 52 — 13.5 WARRANTIES A. Special Warranties: Prepare a written document that contains the one year required warranty for this project, ready for execution. B. Submittal Time: Comply with requirements in Division 1 Section "Closeout Procedures." PART 14 - PRODUCTS (Not Used) PART 15 - EXECUTION (Not Used) END OF SECTION Rev 4/16 — 53 — SECTION 017300 EXECUTION PART 16 - GENERAL 16.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 16.2 SUMMARY A. Section includes general administrative and procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Installation of the Work. 3. Cutting and patching. B. Related Requirements: 1. Section 011000 "Summary" for limits on use of Project site. 2. Section 013300 "Submittal Procedures" 3. Section 017700 "Closeout Procedures" 4. Division 31 and 32 for demolition and removal of selected portions of the asphalt. 16.3 DEFINITIONS A. Cutting: Removal of in- place construction necessary to permit installation or performance of other work. B. Patching: Fitting and repair work required to restore construction to original conditions after installation of other work. 16.4 INFORMATIONAL SUBMITTALS A. Qualification Data: For land surveyor and professional engineer. B. Certificates: Submit certificate signed by land surveyor & professional engineer certifying that location and elevation of improvements comply with requirements. C. Landfill Receipts: Submit copy of receipts issued by a landfill facility, licensed to accept hazardous materials, for hazardous waste disposal. Rev 4/16 — 54 — 16.5 QUALITY ASSURANCE A. Cutting and Patching: Comply with requirements for and limitations on cutting and patching of construction elements. 1. Visual Elements: Do not cut and patch construction in a manner that results in visual evidence of cutting and patching. Do not cut and patch exposed construction in a manner that would, in Architect's opinion, reduce the site or building's aesthetic qualities. Remove and replace construction that has been cut and patched in a visually unsatisfactory manner. B. Manufacturer's Installation Instructions: Obtain and maintain on -site manufacturer's written recommendations and instructions for installation of products and equipment. PART 17 - PRODUCTS 17.1 MATERIALS A. General: Comply with requirements specified in other Sections. PART 18 - EXECUTION 18.1 EXAMINATION A. Existing Conditions: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities, and other construction affecting the Work. B. Examination and Acceptance of Conditions: Before proceeding with each component of the Work, examine substrates, areas, and conditions, with Installer or Applicator present where indicated, for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. 1. Verify compatibility with and suitability of substrates C. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 18.2 PREPARATION A. Existing Utility Information: Furnish information to local utility and Owner that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to Rev 4/16 — 55 - other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. C. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. D. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents caused by differing field conditions outside the control of Contractor, submit a request for information to Architect according to requirements in Division 1 "Project Management and Coordination." 18.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to lay out the Work, verify layout information shown on Drawings, in relation to the property survey and existing benchmarks. If discrepancies are discovered, notify Architect promptly. B. Site Improvements: Locate and lay out site improvements, including pavements, grading, fill and topsoil placement. 18.4 INSTALLATION OF WORK A. General: Locate the Work and components of the Work accurately, in correct alignment and elevation, as indicated. 1. Make horizontal work level. B. Comply with manufacturer's written instructions and recommendations for installing products in applications indicated. C. Install products at the time and under conditions that will ensure the best possible results. Maintain conditions required for product performance until Substantial Completion. D. Conduct construction operations so no part of the Work is subjected to damaging operations or loading in excess of that expected during normal conditions of occupancy. E. Sequence the Work and allow adequate clearances to accommodate movement of construction items on site and placement in permanent locations. F. Tools and Equipment: Do not use tools or equipment that produce harmful noise levels. G. Joints: Make joints of uniform width. Where joint locations in exposed work are not indicated, arrange joints for the best visual effect. Fit exposed connections together to form hairline joints. H. Hazardous Materials: Use products, cleaners, and installation materials that are not considered hazardous. Rev 4/16 — 56 — 18.5 CUTTING AND PATCHING A. Cutting and Patching, General: Employ skilled workers to perform cutting and patching. Proceed with cutting and patching at the earliest feasible time, and complete without delay. 1. Cut in -place construction to provide for installation of other components or performance of other construction, and subsequently patch as required to restore surfaces to their original condition. B. Patching: Patch construction by filling, repairing, refinishing, closing up, and similar operations following performance of other work. Patch with durable seams that are as invisible as practicable. Provide materials and comply with installation requirements specified in other Sections, where applicable. C. Cleaning: Clean areas and spaces where cutting and patching are performed. Remove paint, mortar, oils, putty, and similar materials from adjacent finished surfaces. 18.6 PROGRESS CLEANING A. General: Clean Project site and work areas daily, including common areas. Enforce requirements strictly. Dispose of materials lawfully. 1. Comply with requirements in NFPA 241 for removal of combustible waste materials and debris. 2. Do not hold waste materials more than seven days during normal weather or three days if the temperature is expected to rise above 80 deg F. 3. Containerize hazardous and unsanitary waste materials separately from other waste. Mark containers appropriately and dispose of legally, according to regulations. a. Use containers intended for holding waste materials of type to be stored. 4. Coordinate progress cleaning for joint -use areas where Contractor and other contractors are working concurrently. B. Site: Maintain Project site free of waste materials and debris. C. Work Areas: Clean areas where work is in progress to the level of cleanliness necessary for proper execution of the Work. 1. Remove liquid spills promptly. 2. Where dust would impair proper execution of the Work, broom -clean or vacuum the entire work area, as appropriate. D. Installed Work: Keep installed work clean. Clean installed surfaces according to written instructions of manufacturer or fabricator of product installed, using only cleaning materials specifically recommended. If specific cleaning materials are not recommended, use cleaning materials that are not hazardous to health or property and that will not damage exposed surfaces. Rev 4/16 — 57 — E. Waste Disposal: Do not bury or burn waste materials on -site. Do not wash waste materials down sewers or into waterways. Comply with waste disposal requirements in Section 015000 and 17419. F. During handling and installation, clean and protect construction in progress and adjoining materials already in place. Apply protective covering where required to ensure protection from damage or deterioration at Substantial Completion. G. Clean and provide maintenance on completed construction as frequently as necessary through the remainder of the construction period. Adjust and lubricate operable components to ensure operability without damaging effects. H. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. I. END OF SECTION Rev 4/16 — 58 - SECTION 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 19 - GENERAL 19.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 01 Specification Sections, apply to this Section. 19.2 SUMMARY A. Section includes administrative and procedural requirements for the following: 1. Recycling nonhazardous demolition and construction waste. 2. Disposing of nonhazardous demolition and construction waste. 19.3 DEFINITIONS A. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging. B. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations. C. Disposal: Removal off -site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction. D. Recycle: Recovery of demolition or construction waste for subsequent processing in preparation for reuse. 19.4 PERFORMANCE REQUIREMENTS A. General: Maximize end -of- Project rates for salvage /recycling in contractor directed plan. Practice efficient waste management in the use of materials in the course of the Work. Use all reasonable means to divert construction and demolition waste from landfills and incinerators. Facilitate recycling and salvage of materials. 19.5 INFORMATIONAL SUBMITTALS A. Recycling and Processing Facility Records: Indicate receipt and acceptance of recyclable waste by recycling and processing facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices. Rev 4/16 — 59 — B. Landfill and Incinerator Disposal Records: Indicate receipt and acceptance of waste by landfills and incinerator facilities licensed to accept them. Include manifests, weight tickets, receipts, and invoices. 19.6 QUALITY ASSURANCE A. Waste Management Coordinator Qualifications: Experienced firm, with a record of successful waste management coordination of projects with similar requirements. B. Regulatory Requirements: Comply with hauling and disposal regulations of authorities having jurisdiction. 19.7 WASTE MANAGEMENT PLAN A. General: Develop a waste management plan according to ASTM E 1609 and requirements in this Section. Plan shall consist of waste identification, waste reduction work plan, and cost/revenue analysis. PART 20 - PRODUCTS (Not Used) PART 21 - EXECUTION 21.1 PLAN IMPLEMENTATION A. General: Implement approved waste management plan. Provide handling, containers, storage, signage, transportation, and other items as required to implement waste management plan during the entire duration of the Contract. 1. Comply with operation, termination, and removal requirements in Section 015000 "Temporary Facilities and Controls." B. Training: Train workers, subcontractors, and suppliers on proper waste management procedures, as appropriate for the Work. C. Site Access and Temporary Controls: Conduct waste management operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. 1. Designate and label specific areas on Project site necessary for separating materials that are to be salvaged, recycled, reused, donated, and sold. 2. Comply with Section 015000 "Temporary Facilities and Controls" for controlling dust and dirt, environmental protection, and noise control. 21.2 RECYCLING WASTE, GENERAL A. General: Recycle paper and beverage containers used by on -site workers. Rev 4/16 — 60 — B. Preparation of Waste: Prepare and maintain recyclable waste materials according to recycling or reuse facility requirements. Maintain materials free of dirt, adhesives, solvents, petroleum contamination, and other substances deleterious to the recycling process. C. Procedures: Separate recyclable waste from other waste materials, trash, and debris. Separate recyclable waste by type at Project site to the maximum extent practical according to approved construction waste management plan. 1. Provide appropriately marked containers or bins for controlling recyclable waste until removed from Project site. Include list of acceptable and unacceptable materials at each container and bin. 2. Stockpile processed materials on -site without intermixing with other materials. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 3. Stockpile materials away from construction area. Do not store within drip line of remaining trees. 21.3 DISPOSAL OF WASTE A. General: Except for items or materials to be recycled, or otherwise reused, remove waste materials from Project site and legally dispose of them in a landfill or incinerator acceptable to authorities having jurisdiction. 1. Except as otherwise specified, do not allow waste materials that are to be disposed of accumulate on -site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. B. Disposal: Remove temporary soil waste materials and dispose of in adjacent areas by thinly spreading as directed by the Architect. C. Disposal: Remove waste materials from Owner's property and legally dispose of them. END OF SECTION Rev 4/16 — 61 — SECTION 017700 CLOSEOUT PROCEDURES PART 22 - GENERAL 22.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 22.2 SUMMARY A. Section includes administrative and procedural requirements for contract closeout, including, but not limited to, the following: 1. Substantial Completion procedures. 2. Final completion procedures. 3. Warranties. 4. Final cleaning. B. Related Sections: 1. Division 1 Section "Execution" for progress cleaning of Project site. 2. Division 1 Section "Project Record Documents" for submitting Record Drawings, Record Specifications, and Record Product Data. 3. Division 1 Section "Operation and Maintenance Data" for operation and maintenance manual requirements. 4. Divisions 2 through 34 Sections for specific closeout and special cleaning requirements for the Work in those Sections. 22.3 SUBSTANTIAL COMPLETION A. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on Contractor's list or additional items identified by Architect, that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion. 22.4 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining fmal completion, complete the following: Rev 4/16 - 62 - 1. Submit a final Application for Payment according to Attachment G, Item 4 "Compensation" of Public Works Contract for Federal Way Town Square Park 2. Submit copy of Architect's Substantial Completion inspection list of items to be completed or corrected (punch list), endorsed and dated by Architect. The copy of the list shall state that each item has been completed or otherwise resolved for acceptance. 3. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. Architect will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is completed or corrected. 22.5 WARRANTIES A. Submittal Time: Submit written warranties on request of Architect for designated portions of the Work where commencement of warranties other than date of Substantial Completion is indicated. PART 23 - PRODUCTS Not used PART 24 - EXECUTION 24.1 FINAL CLEANUP A. General: Perform final cleanup. Conduct cleaning and waste - removal operations to comply with local laws and ordinances and Federal and local environmental and antipollution regulations. B. Cleaning: Complete the following cleaning operations before requesting inspection for certification of Substantial Completion for entire Project or for a portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains, and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even - textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Leave Project clean and ready for occupancy. Rev 4/16 — 63 — C. Construction Waste Disposal: Comply with waste disposal requirements in Division 1 Section "Temporary Facilities and Controls." END OF SECTION Rev 4/16 — 64 — SECTION 312000 EARTHWORK PART 25 - GENERAL 25.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 25.2 SUMMARY A. Section Includes: 1. Removal of existing asphalt. 2. Root cutting and removal. 3. Excavating nonbearing soil. 4. Subbase course and base course for asphalt paving. B. Related Requirements: 1. Section 321713 "Asphalt Paving" for replacement of asphalt pathway. 25.3 DEFINITIONS A. Backfill: Soil material or controlled low- strength material used to fill an excavation. 1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 2. Final Backfill: Backfill placed over initial backfill to fill a trench. B. Base Course: Aggregate layer placed between the subbase course and hot -mix asphalt paving. C. Borrow Soil: Satisfactory soil imported from off -site for use as fill or backfill. D. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by Architect. Authorized additional excavation and replacement material will be paid for according to Contract provisions for changes in the Work. 2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by Architect. Unauthorized excavation, as well as remedial work directed by Architect, shall be without additional compensation. E. Fill: Soil materials used to raise existing grades. Rev 4/16 — 65 - F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man -made stationary features constructed above or below the ground surface. G. Subbase Course: Aggregate layer placed between the subgrade and base course for hot -mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or a cement concrete or hot -mix asphalt walk. H. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil materials. I. Utilities: On -site underground pipes, conduits, ducts, and cables as well as underground services within buildings. J. Standard Specifications: Reference in this section to the Standard Specifications shall mean the latest edition of the "Standard Specifications for Road, Bridge and Municipal Construction" prepared by the Washington State Department of Transportation and the American Public Works Association as adopted by the City. All work shall be performed in accordance with the latest edition of the Standard Specifications. 25.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct preexcavation conference at Project site. 1. Review methods and procedures related to earthmoving, including, but not limited to, the following: a. Personnel and equipment needed to make progress and avoid delays. b. Coordination of Work with park users. c. Coordination of tree root cutting. d. Coordination of Work and equipment movement with the locations of tree- and plant - protection zones. e. Field quality control. f. Utility interruptions. 25.5 ACTION SUBMITTALS A. Product Data: For each type of the following manufactured products required: 1. Asphalt composition. 25.6 FIELD CONDITIONS A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during earthwork operations. Rev 4/16 — 66 — 1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. 2. Provide alternate routes around closed or obstructed traffic ways if required by Owner or authorities having jurisdiction. B. Do not commence earth - moving operations until roots greater than 3" are examined by the City arborist for location and method of cutting. C. Do not direct vehicle or equipment exhaust towards protection zones. D. Smoking is prohibited in the parks.. E. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by Architect and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify Architect not less than two days in advance of proposed utility interruptions. F. Cut and remove tree roots 10' from any tree and less than 3" in diameter. Larger roots to be examined by the City arborist and the contractor will be directed on where the root is to be cut. Tree roots to be cut cleanly and evenly. G. Existing site conditions & drawings: Prior to submitting a bid, the Contractor shall examine the existing conditions of the site and shall submit in writing, prior to submitting his or her bid, to the Architect any concerns or discrepancies of existing site to conditions indicated on plans. Submittal of a bid shall indicate acceptance that the representation of the existing conditions on the bid drawings are acceptable to the contractor and no claim shall be made regarding any discrepancy. H. Prior to commencing work: Prior to commencing work, the Contractor shall examine the existing conditions of the site. Commencement of any work of this section shall indicate acceptance of the existing conditions. Contractor, by submitting a bid, acknowledges that this geographical region experiences an extensive rainy season. Contractor acknowledges that it is experienced with working on and accomplishing similar projects during this rainy season and has prepared its bid taking the impacts of the rainy season on the progress of the work into full consideration. Accordingly, neither the Architect nor the Owner will authorize additional costs or extensions of time to the contract unless the job site experiences a twenty -five (25) year (or greater) storm event, in which case adjustments to the contract amount or time may be allowed, depending on the particular facts and circumstances at that time, as determined by the Architect. PART 26 - PRODUCTS 26.1 SOIL MATERIALS A. General: Provide borrow soil materials when sufficient satisfactory soil materials are not available from excavations. Rev 4/16 — 67 — B. Satisfactory Soils: Soil Classification Groups GW, GP, GM, SW, SP, and SM according to ASTM D 2487 or a combination of these groups; free of rock or gravel larger than 3 inches (75 mm) in any dimension, debris, waste, frozen materials, vegetation, and other deleterious matter. C. Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT according to ASTM D 2487, or a combination of these groups. 1. Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of optimum moisture content at time of compaction. D. Subbase: In compliance with 9 -03.10 of the Standard Specifications or as indicated on the drawings. E. Base: In compliance with 9- 03.9(3) of the Standard Specifications or as indicated on the drawings. 26.2 GEOTEXTILES A. Subsurface Drainage Geotextile: Nonwoven needle - punched geotextile, manufactured for subsurface drainage applications, made from polyolefins or polyesters; with elongation greater than 50 percent; complying with AASHTO M 288 and the following, measured per test methods referenced: 1. Survivability: Class 2; AASHTO M 288. 2. Apparent Opening Size: No. 60 (0.250 -mm) sieve, maximum; ASTM D 4751. 3. Permittivity: 0.2 per second, minimum; ASTM D 4491. 4. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355. B. Separation Geotextile: Woven geotextile fabric, manufactured for separation applications, made from polyolefins or polyesters; with elongation less than 50 percent; complying with AASHTO M 288 and the following, measured per test methods referenced: 1. Survivability: Class 2; AASHTO M 288. 2. Apparent Opening Size: No. 60 (0.250 -mm) sieve, maximum; ASTM D 4751. 3. Permittivity: 0.02 per second, minimum; ASTM D 4491. 4. UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355. PART 27 - EXECUTION 27.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earth- moving operations. Rev 4/16 — 68 — 27.2 DEWATERING A. Prevent surface water and ground water from ponding on prepared subgrades. B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation. 1. Reroute surface water runoff away from excavated areas. Do not allow water to accumulate in exposed areas. 27.3 EXPLOSIVES A. Explosives: Do not use explosives. 27.4 EXCAVATION FOR WALKS AND PAVEMENTS A. Excavate surfaces under pavement as required to replace the subbase. B. Notify Owner when excavations have reached required subgrade. C. If Owner determines that unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 27.5 STORAGE OF SOIL MATERIALS A. Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust. 27.6 SOIL FILL A. Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing material. B. Place and compact fill material in layers to required elevations as follows: 1. Under grass and planted areas, use satisfactory soil material. 2. Under walks and pavements, use satisfactory soil material. 3. Under steps and ramps, use engineered fill. 4. Under building slabs, use engineered fill. C. Place soil fill on subgrades free of mud, frost, snow, or ice. 27.7 SOIL MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before compaction to within 2 percent of optimum moisture content. Rev 4/16 — 69 - 1. Do not place fill soil material on surfaces that are muddy, frozen, or contain frost or ice. 2. Remove and replace, or scarify and air dry, otherwise satisfactory soil material that exceeds optimum moisture content by 2 percent and is too wet to compact to specified dry density. 27.8 COMPACTION OF SOIL BACKFILLS AND FILLS A. Compact soil materials to not less than the following percentages of maximum dry density according to ASTM D 698: 1. Under walkways, scarify and recompact top 6 inches (150 mm) below subgrade and compact each layer of backfill or fill soil material at 95 percent. 27.9 GRADING A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. 1. Provide a smooth transition between adjacent existing grades and new grades. 2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances. B. Site Rough Grading: Slope grades to prevent ponding. Finish subgrades to elevations required to achieve indicated finish elevations, within the following subgrade tolerances: 1. Walks: Plus or minus 1 inch (25 mm). 2. Pavements: Plus or minus 1/2 inch (13 mm). 27.10 SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS A. Place base course on subgrades free of mud, frost, snow, or ice. B. On prepared subgrade, place base course under pavements and walks as follows: 1. Place base course material over subbase course under hot -mix asphalt pavement. 2. Compact base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry density according to ASTM D 698. 27.11 PROTECTION A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions. 1. Scarify or remove and replace soil material to depth as directed by Architect; reshape and recompact. Rev 4/16 — 70 — C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing. 1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible. 27.12 DISPOSAL OF SURPLUS AND WASTE MATERIALS A. Timing and Disposal: All of the existing material not reusable on the site, shall be transported off site at no additional cost to the Owner. Remove waste material, including trash and debris, and legally dispose of it off Owner's property at no additional cost. END OF SECTION Rev 4/16 — 71 — SECTION 321216 ASPHALT PAVING PART 1 - GENERAL RELATED DOCUMENTS B. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. B. Work Included: The work of this Section shall include, but is not limited to the following: 1. Final preparation of subgrade, including removal or grinding of existing asphalt, removal of tree roots precut by Parks Dept.; 2. Soil sterilization under pavement; 3. Aggregate base course; 4. Patching, repaving, overlaying existing asphalt path; 5. Traffic Control plan. C. Standard Specifications: 1. Reference in this section to the standard specifications shall mean the latest edition of the "Standard Specifications for Road, Bridge and Municipal Construction" prepared by the Washington State Department of Transportation and the American Public Works Association as adopted by the City. 2. All work shall be performed in accordance with the latest edition of the Standard Specifications, except that the standard specifications shall apply only to performance conditions and materials incorporated into the work. In the event that deficient subgrades, materials, or controls during application occur, Owner reserves the right to further remedy of deficient conditions through application of the legal, contractual, measurement, formulas and payment sections contained in the standard specification. D. Quality Assurance: 1. Asphalt - Paving Publication: Comply at minimum with AI MS -22, "Construction of Hot Mix Asphalt Pavements," unless more stringent requirements are indicated in the Standard Specifications. E. Project Conditions: 1. Environmental Limitations: Do not apply asphalt materials if subgrade is wet or excessively damp or if the following conditions are not met: a. Prime and Tack Coats: Minimum surface temperature of 60 deg F (15.5 deg C). b. Slurry Coat: Comply with weather limitations of ASTM D 3910. c. Asphalt Surface Course: Minimum surface temperature of 60 deg F (15.5 deg C) at time of placement. d. Base course may be placed when air temperature is above 30° F. and rising. PART 2 - PRODUCTS 2.1 Materials: Rev 4/16 — 72 — A. References in these specifications to specific percentage values for required compaction of soils are a percentage of the maximum dry density as defined and determined by the American Society of Testing and Materials (ASTM), Designation D -698 (Standard Proctor). B. Materials: 1. Base Course: Crushed surfacing, in accordance with Section 9- 03.9(3) of the Standard Specifications. 2. Asphalt Concrete Pavement: Asphalt concrete pavement, Class B, in accordance with Section 5 -04 of the Standard Specifications. PART 3 - EXECUTION 3.1 Preparation: A. Inspection: Examine the areas and conditions under which work of this Section will be installed. Correct conditions detrimental to proper and timely completion of the work. Do not proceed until unsatisfactory conditions have been corrected. B. Final Preparation of Subgrade: 1. Cut asphalt to be removed or grind asphalt for areas of overlay. 2. Remove asphalt to be replaced. 3. Remove tree roots previously cut by City staff. 4. Regrade as necessary for even fill. C. Soil Sterilization: After finish grading, apply one application of an approved soil residual herbicide in accordance with Section 5- 04.3(5) D of the Standard Specifications. D. Obtain City street use permit and approval of traffic control plan prior to beginning any work in the city right of way. 3.2 Installation: A. Existing Saw Cuts: Tack vertical surfaces and seal joint after surfacing. B. Base Course: Base course shall be installed in accordance with Section 4 -04 of the Standard Specifications to the minimum 2" depth. 3.3 Hot Mix Installation: Asphalt Concrete Pavement: Asphalt concrete pavement shall be Class B to the minimum 2" depths, installed in accordance with Section 5 -04 of the Standard Specifications. A. Compaction shall be by means of static or vibratory steel wheeled rollers provided satisfactory results can be obtained. Compaction shall a minimum of 92% of maximum density as determined by WSDOT Test Method 705Machine place hot -mix asphalt on prepared surface, spread uniformly, and strike off. Place asphalt mix by hand to areas inaccessible to equipment in a manner that prevents segregation of mix. Place each course to required grade, cross section, and thickness when compacted. 1. Place hot -mix asphalt surface course in single lift. 2. Spread mix at minimum temperature of 250 deg F (121 deg C). 3. Regulate paver machine speed to obtain smooth, continuous surface free of pulls and tears in asphalt - paving mat. Rev 4/16 — 73 — B. Drainage: Slopes shall be evenly graded to existing or at 1/4" per foot unless otherwise shown. Any surface which fails to drain completely will be considered defective work. Take care in finishing surfaces to assure that surface area will drain and water will flow without being impounded by surface depressions. END OF SECTION Rev 4/16 — 74 — Rev 4/16 PARK MAPS AND REPAIR QUANTITIES - 75 - 111 i= 11 i4 iG a 1 76 I 1; aci IA 1 ar B Federal Vaev Federal Way Parks Asphalt Path Repair Mirror Lake Park Mumr Lake Pads 77 E w as 44 A'! till ill Federal Way Parks Asphalt Path Repair Total Area !VIM Ithr g a ,,2fl , 78 uj ti5 12 p u T 8. 6 T u u T Y 1 T u u u 1 T 1416"11411111“111" u 11111! f T i VF COlgeiGa6°'C°'g0 aYC gpOo- c-06e .y a P, 4 �p `k,' y �p p p p pp pppp y o ▪ yT I Q, O *: 1 3 N A C 1± G `D A* .O $ d f a 0 d �� N OG M 2 S ry OD e M M O p a 5 N Y J. Sa Si 5a 5e 4. 5 Sa b wJ � ' '`J.. v 5a _ = S Sa 5a `a 'a Cg i Cla Z I — se `O `D az ,,O aD n t-- , .O .s ‘o M Q ‘a ,D N Cq ,G , .O n 00 so n O N O, T 4O co A �i ._ an i .AC a 5a ast Si 55 5a 51 5: 5a 5= ' 5a as as 5i 5e 5a li 5i 5a Se Sa 5i 5e LW Y'i Se U 5a aii 5i 5Y.. St. Ch {.! p o V y p i 78 ? r`�n �p N N rl p .. y, an N n yp .Q.. 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C4&$2-4& a N LI e M h , R r1 0' r4 ^ %1 ^ N 00 S N 4 °B 4 O 52 .0 a K g V rl 'O 'O 'C • P O. t•! .0 T fn M d 'T CO � CO en 00 rn 00 00 K, 0C 00 W ■■ rn .: 00 M tM • GO N h a v =i ron , N e h e r1 e n ?: vi a 0' r_ r. e e '0 00 ri r� ry e rn n rn o0 00 S 5a '-- 'sfSSSSS'�' S'�' --'a bS'.�''a S'a 'a SSaSSSSSSSSS SSSSS — ri m e 00 �D r• 00 P T O C! fV M C N CI rl f0`1 N M to M� m M M M M 1 80 SITE MAP 1 0 Federal Way Parks Asphalt Path Repair Steel Lake Park u u& tn. 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F abb b b b. Sabbbb b he bb aa 0m0 �p pp cn T �mp fNV p C 0p pmp V� ey p� p ee1r� ` .611 U ga B ° o -N.n Q�n o � - mc oNe1Q��o�mP���`e -i' ne°vbe'S'D �i�°19�r�L^i Y, n S,rh s,$'o �d 33112% p v A 82 SITE MAP 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 4/16 - 83 — 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 4/16 — 84 - 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 Contractor Representative Bid No. Date Administering Department City Representative Project Authority Funding Source RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 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 ❑ not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contact Person: Contractor: Date: By: Title: Address: Phone: Fed ID #: Est. Completion Date: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: Finance Director Date I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on Rev 4/16 — 85 - 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 4/16 — 86 - EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY PARKS ASPHALT TRAIL REPAIRS Bond No. 382458C KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, Tony Lind Paving LLC, as principal ( "Principal "), and Developers Surety and Indemnity Company a Corporation organized and existing under the laws of the State of Iowa, 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: Six Thousand Six Hundred Thirteen and 10 /100ths Dollars ($6,613.10) 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 Parks Asphalt Trail Repairs 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 $132,261.98; 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. Rev 4/16 — 1 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 17th day of October, 2016, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: PRINCIPAL By: Tony Ling Title: Owner Address: 23048 172nd Avenue SE Kent, WA 98042 253.630.7612 CORPORATE SEAL: SURETY By: LAAa Jennifer D. Lutz, Attorney -in -Fact (Attach Power of Attorney) Title: Attorney -in -Fact Address: 17771 Cowan, Suite 100 Irvine, CA 92614 800.782.1546 Rev 4/16 — 2 CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that to I who signed the said bond on behalf of the Principal, was �.. _ C of said Corporation; that I know his or her signature thereto is genuine, and that said bond was ' ly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. See Attached Power of Attorney Secretary of Assistant Secretary APPROVED AS TO FORM: noik City Attorney,, Rev 4/16 — 3 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ""Kristin Jackson, Kelly Stiling, Jennifer D. Lutz, Kori White, Josh Wright, Ramona Scott, Andrew R. Hoven, James G. Hunt, Carmen Meyers, Karen L. Padilla, jointly or severally * ** as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to•perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April, 2016. By: By: Daniel Young, Senior Vice- President Mark Lansdon, Vice- President State of California County of Orange On A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. April 18, 2016 Date personally appeared before me, Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CERTIFICATE 640WA4 Lucill y ond, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 17th day of October , 2016 • By e•41/44i/ 41444111.11-414-- Cassie J. rrisford, Assistant ry ID -1380 (Rev. 04/16) EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: /a,O je-4C- • � /-4)CAZ- 4/1 D (Nance of Union or Orgaization) The undersigned currently holds contract(s) with C[Ty of Foiraa 04.441 nvolving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) wi 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 Rev 4/16 - 90 - j 'M y 4{t,ICRiivi tG , L L! (Contractor or subcontractor) Cdr i C/N4 Date AC L CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 10/17/2016 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 Bell Anderson Agency, Inc. 600 SW 39th St, Suite 200 Renton WA 98057 CONTACT Karen Padilla, CRIS NAME: PHONE (425)291 -5200 FAX (425)291 -5100 (A/C. No. Eat): (A/C, No): E-MAIL s:karenp @bell- anderson.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:American Fire & Casualty Company 24066 INSURED Tony Lind Paving, LLC 23048 172nd Avenue SE Kent WA 98042 INSURER B :The Ohio Casualty Insurance Co. 24074 INSURER C : 9/3/2017 INSURERD: $ 1,000,000 INSURER E : $ 1,000,000 INSURERF: COVERAGES CERTIFICATE NUMBER:CL168917869 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR W VD POLICY NUMBER POLICY EFF D/ (MM /DYYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY BKA54233095 9/3/2016 9/3/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 r CLAIMS -MADE I X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE AGGREGATE POLICY OTHER: XN LIMIT APPLIES PER: LOC PRODUCTS - COMP /OPAGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO AUTOALL OS VuN ED HIRED AUTOS SCHEDOS ULED AUT NON -OWNED AUTOS BAA54233095 9/3/2016 9/3/2017 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 US054233095 9/3/2016 9/3/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION$ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N - N / A WA Stop Gap BKA54233095 9/3/2016 9/3/2017 I STATUTE ERH 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 (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Parks Asphalt Trail Repairs The City of Federal Way, its officers, officials, employees, volunteers and agents are additional insured for general liability, but only if required by written contract or written agreement per CG8810 0413. Waiver of Subrogation and Primary Non Contributory provisions are included. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave S 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 James Hunt /CRM ACORD 25 (2014/01) INS025 (201401) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: CG 88 10 04 13 (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 111 — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenants Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury' arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) However: Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 ' 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury ", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are Tess. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury ", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: Bond No. 382456P We, the undersigned Tony Lind Paving LLC, ( "Principal ") and Indemnity Company of California, the undersigned corporation organized and existing under the laws of the State of California 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 One Hundred Thirty Two Thousand Two Hundred Sixty One and 98/100ths Dollars ($132,261.98) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington ar' the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated al 1 , 2016 for Parks Asphalt Trail Repairs. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25 %) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. Rev 4/16 — 1 — In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this 17th day of October, 2016. CORPORATE SEAL OF PRINCIPAL: STATE OF WASHINGTON ) COUNTY OF Kto■l G► ) ) ss. PRINCIPAL By: Tony L. d Its: Owner 23048 172nd Ave SE Kent, WA 98042 (253) 630-7612 On this day personally appeared before me Tony Lind, to me known to be the Owner of Tony Lind Paving, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument. GIVEN my hand and official seal this / 7 day of Notary's signature Notary's printed name Notary Public in and for th My commission expires CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: City Attorney, Wc.- • fma IN CAA Rev 4/16 — 2 By: SURETY Attorney -in -Fact (Attach Power of Attorney) Jennifer D. Lutz (Name of Person Executing Bond) 17771 Cowan, Suite 100 (Address) Irvine, CA 92614 800.782.1546 (Phone) fan r , • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ** *Kristin Jackson, Kelly Stiling, Jennifer D. Lutz, Kori White, Josh Wright, Ramona Scott, Andrew R. Hoven, James G. Hunt, Carmen Meyers, Karen L. Padilla, jointly or severally * ** as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice- President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April, 2016. By: J By: Daniel Young, Senior Vice- President Mark Lansdon, Vice- President State of California County of Orange On Og,PANYO� G 000N Z? OCT. 5rto,„ W 1967 0 O P .' 44 /FOFks- A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. April 18, 2016 Date personally appeared before me, Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission • 2081945 Notary Public • Morals Orange Cowley Comm. E res Oct 13 2018 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature CERTIFICATE Lucill': y ond, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 17th day of October , 2016 By: e.44-xi, /61-444; tart' Cassie J. rrisford, Assistant Se ID -1380 (Rev. 04/16) CO AND Mes `� OCT. °b • 10 o O 1936 O ��� /own. as EXHIBIT "H" PREVAILING RATE OF WAGE I 8/3/2016 Get Wages Dow nload Wages 1 Effective Date: Benefit Code Key for 8/3/2016 Apprentice Wages County Trade Job Classification Wage Holiday Overtime Note King Carpenters. Acoustical Worker $54.02 5D 4C King Carpenters Bridge, Dock And Wharf Carpenters $54.02 5D 4C King Carpenters Carpenter $54.02 5D 4C King Carpenters Carpenters on Stationary Tools $54.15 5D 4C King Carpenters Creosoted Material $54.12 5D 4C King Carpenters Floor Finisher $54.02 5D 4C King Carpenters Floor Layer $54.02 5D 4C King Carpenters Scaffold Erector $54.02 5D 4C King Cement Masons Journey Level $53.95 7A 1M King Fence Erectors Fence Erector $15.18 1 King Flaggers Journey Level $37.26 7A 31 King Laborers Air, Gas Or Electric Vibrating Screed $43.95 7A 31 King Laborers Airtrac Drill Operator $45.32 7A 31 King Laborers Ballast Regular Machine $43.95 7A 31 King Laborers Batch Weighman $37.26 7A 31 King Laborers Brick Pavers $43.95 7A 31 King Laborers Brush Cutter $43.95 7A 31 King Laborers Brush Hog Feeder $43.95 7A 31 King Laborers Burner $43.95 7A 31 King Laborers Caisson Worker $45.32 7A 31 King Laborers Carpenter Tender $43.95 7A 31 King Laborers Caulker $43.95 7A 31 King Laborers Cement Dumper - paving $44.76 7A 31 King Laborers Cement Finisher Tender $43.95 7A 31 King Laborers Change House Or Dry Shack $43.95 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $43.95 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $44.76 7A 31 King Laborers Choker Setter $43.95 7A 31 King Laborers Chuck Tender $43.95 7A 31 King Laborers Clary Power Spreader $44.76 7A 31 King Laborers Clean -up Laborer $43.95 7A 31 King Laborers Concrete Dumper /chute $44.76 7A 31 Rev 4/16 - 94 - Rev 4/16 - 95 - Operator King Laborers Concrete Form Stripper $43.95 7A 31 King Laborers Concrete Placement Crew $44.76 7A 31 King Laborers Concrete Saw Operator /core Driller $44.76 7A 31 King Laborers Crusher Feeder $37.26 7A 31 King Laborers Curing Laborer $43.95 7A 31 King Laborers Demolition: Wrecking & Moving (incl. Charred Material) $43.95 7A 31 King Laborers Ditch Digger $43.95 7A 31 King Laborers Diver $45.32 7A 31 King Laborers Drill Operator (hydraulic,diamond) $44.76 7A 31 King Laborers Dry Stack Walls $43.95 7A 31 King Laborers Dump Person $43.95 7A 31 King Laborers Epoxy Technician $43.95 7A 31 King Laborers Erosion Control Worker $43.95 7A 31 King Laborers Faller & Bucker Chain Saw $44.76 7A 31 King Laborers Fine Graders $43.95 7A 31 King Laborers Firewatch $37.26 7A 31 King Laborers Form Setter $43.95 7A 31 King Laborers Gabian Basket Builders $43.95 7A 31 King Laborers General Laborer $43.95 7A 31 King Laborers Grade Checker & Transit Person $45.32 7A 31 King Laborers Grinders $43.95 7A 31 King Laborers Grout Machine Tender $43.95 7A 31 King Laborers Groutmen (pressure)including Post Tension Beams $44.76 7A 31 King Laborers Guardrail Erector $43.95 7A 31 King Laborers Hazardous Waste Worker (level A) $45.32 7A 31 King Laborers Hazardous Waste Worker (level B) $44.76 7A 31 King Laborers Hazardous Waste Worker (level C) $43.95 7A 31 King Laborers High Scaler $45.32 7A 31 King Laborers Jackhammer $44.76 7A 31 King Laborers Laserbeam Operator $44.76 7A 31 King Laborers Maintenance Person $43.95 7A 31 King Laborers Manhole Builder - mudman $44.76 7A 31 King Laborers Material Yard Person $43.95 7A 31 King Laborers Motorman -dinky Locomotive $44.76 7A 31 King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High $44.76 7A 31 Rev 4/16 - 95 - Rev 4/16 - 96 - Pressure Air a Water On Concrete 8 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $44.76 7A 31 King Laborers Pilot Car $37.26 7A 31 King Laborers Pipe Layer Lead $45.32 7A 31 King Laborers Pipe Layer /tailor $44.76 7A 31 King Laborers Pipe Pot Tender $44.76 7A 31 King Laborers Pipe Reliner $44.76 7A 31 King Laborers Pipe Wrapper $44.76 7A 31 King Laborers Pot Tender $43.95 7A 31 King Laborers Powderman $45.32 7A 31 King Laborers Powderman's Helper $43.95 7A 31 King Laborers Power Jacks $44.76 7A 31 King Laborers Railroad Spike Puller - Power $44.76 7A 31 King Laborers Raker - Asphalt $45.32 7A 31 King Laborers Re- timberman $45.32 7A 31 King Laborers Remote Equipment Operator $44.76 7A 31 King Laborers Rigger /signal Person $44.76 7A 31 King Laborers Rip Rap Person $43.95 7A 31 King Laborers Rivet Buster $44.76 7A 31 King Laborers Rodder $44.76 7A 31 King Laborers Scaffold Erector $43.95 7A 31 King Laborers Scale Person $43.95 7A 31 King Laborers Sloper (over 20 ") $44.76 7A 31 King Laborers Sloper Sprayer $43.95 7A 31 King Laborers Spreader (concrete) $44.76 7A 31 King Laborers Stake Hopper $43.95 7A 31 King Laborers Stock Piter $43.95 7A 31 King Laborers Tamper 0. Similar Electric, Air Et Gas Operated Tools $44.76 7A 31 King Laborers Tamper (multiple 8 Self- propelled) $44.76 7A 31 King Laborers Timber Person - Sewer (lagger, Shorer & Cribber) $44.76 7A 31 King Laborers Toolroom Person (at Jobsite) $43.95 7A 31 King Laborers Topper $43.95 7A 31 King Laborers Track Laborer $43.95 7A 31 King Laborers Track Liner (power) $44.76 7A 31 King Laborers Traffic Control Laborer $39.84 7A 31 8R King Laborers Traffic Control Supervisor $39.84 7A 31 8R King Laborers Truck Spotter $43.95 7A 31 King Laborers Tugger Operator $44.76 7A 31 King Laborers Tunnel Work- Compressed Air Worker 0 -30 psi $74.29 7A 31 King Laborers Tunnel Work- Compressed Air Worker 30.01 -44.00 psi $79.32 7A 31 Rev 4/16 - 96 - King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $83.00 7A 31 N. King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $88.70 7A 31 King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $90.82 7A 31 N, King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $95.92 7A 31 fiQ King Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $97.82 7A 31 N, King Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $99.82 7A 31 8� King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $101.82 7A 31 King Laborers Tunnel Work -Guage and Lock Tender $45.42 7A 31 King Laborers Tunnel Work -Miner $45.42 7A 31 King Laborers Vibrator $44.76 7A 31 King Laborers Vinyl Seamer $43.95 7A 31 King Laborers Watchman $33.86 7A 31 King Laborers Welder $44.76 7A 31 King Laborers Well Point Laborer $44.76 7A 31 King Laborers Window Washer /cleaner $33.86 7A 31 King Laborers - Underground General Laborer a Topman $43.95 7A 31 Sewer Et Water King Laborers - Underground Pipe Layer $44.76 7A 31 Sewer &t Water King Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Power Equipment Operators Asphalt Plant Operators $56.94 7A 3C 8P King Power Equipment Operators Assistant Engineer $53.57 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $56.44 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $56.44 7A 3C 8P King Power Equipment Operators Bobcat $53.57 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition Equipment $53.57 7A 3C 8P King Power Equipment Operators Brooms $53.57 7A 3C 8P King Power Equipment Operators Bump Cutter $56.44 7A 3C 8P King Power Equipment Operators Cableways $56.94 7A 3C 8P King Power Equipment Operators Chipper $56.44 7A 3C 8P King Power Equipment Operators Compressor $53.57 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over $56.94 7A 3C 8P Rev 4/16 - 97 - Rev 4/16 — 98 — 42 M King Power Equipment Operators Concrete Finish Machine - laser Screed $53.57 7A 3C 8P King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $56.00 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $56.44 7A 3C 8P King Power Equipment Operators Conveyors $56.00 7A 3C 8P King Power Equipment Operators Cranes Friction: 200 tons and over $58.67 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $56.44 7A 3C 8P King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $57.51 7A 3C 8P King Power Equipment Operators Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $58.10 7A 3C 8P King Power Equipment Operators Cranes: 300 tons and over or 300' of boom including jib with attachments $58.67 7A 3C 8P King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $56.94 7A 3C 8P King Power Equipment Operators Cranes: A -frame - 10 Tons And Under $53.57 7A 3C 8P King Power Equipment Operators Cranes: Friction cranes through 199 tons $58.10 7A 3C 8P King Power Equipment Operators Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $56.00 7A 3C 8P King Power Equipment Operators Crusher $56.44 7A 3C 8P King Power Equipment Operators Deck Engineer /deck Winches (power) $56.44 7A 3C 8P King Power Equipment Operators Derricks, On Building Work $56.94 7A 3C 8P King Power Equipment Operators Dozers D -9 Et Under $56.00 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $56.00 7A 3C 8P King Power Equipment Operators Drilling Machine $57.51 7A 3C 8P King Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $53.57 7A 3C 8P King Power Equipment Operators Finishing Machine, Bidwell And Gamaco Et Similar Equipment $56.44 7A 3C 8P King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $56.00 7A 3C 8P Rev 4/16 — 98 — King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $53.57 7A 3C 8P King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $56.44 7A 3C 8P King Power Equipment Operators Gradechecker /stakeman $53.57 7A 3C 8P King Power Equipment Operators Guardrail Punch $56.44 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $56.94 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $56.44 7A 3C 8P King Power Equipment Operators Horizontal /directional Drill Locator $56.00 7■ 3C 8P King Power Equipment Operators Horizontal /directional Drill Operator $56.44 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks Over 10 Tons $56.00 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks, 10 Tons And Under $53.57 7A 3C 8P King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $57.51 7A 3C 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $56.94 7A 3C 8P King Power Equipment Operators Loaders, Overhead Under 6 Yards $56.44 7A 3C 8P King Power Equipment Operators Loaders, Plant Feed $56.44 7■ 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $56.00 7A 3C 8P King Power Equipment Operators Locomotives, All $56.44 7A 3C 8P King Power Equipment Operators Material Transfer Device $56.44 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $57.51 7A 3C 8P King Power Equipment Operators Motor Patrol Graders $56.94 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $56.94 7A 3C 8P King Power Equipment Operators Oil Distributors, Blower Distribution Et Mulch Seeding Operator $53.57 7A 3C 8P King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $56.00 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $56.44 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $57.51 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $56.94 7A 3C 8P King Power Equipment Operators Pavement Breaker $53.57 7A 3C 8P Rev 4/16 — 99 — King Power Equipment Operators Pile Driver (other Than Crane Mount) $56.44 7A 3C 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $56.00 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $53.57 7A 3C 8P King Power Equipment Operators Power Plant $53.57 7A 3C 8P King Power Equipment Operators Pumps - Water $53.57 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $56.94 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $53.57 7A 3C 8P King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $56.94 7A 3C 8P King Power Equipment Operators Rigger And Bellman $53.57 7A 3C 8P King Power Equipment Operators Rigger /Signal Person, Bellman (Certified) $56.00 7A 3C 8P King Power Equipment Operators Rollagon $56.94 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $53.57 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi -lift Materials $56.00 7A 3C 8P King Power Equipment Operators Roto -mill, Roto - grinder $56.44 7A 3C 8P King Power Equipment Operators Saws - Concrete $56.00 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $56.44 7A 3C 8P King Power Equipment Operators Scrapers - Concrete a Carry All $56.00 7A — 3C 8P King Power Equipment Operators Scrapers, Self - propelled: 45 Yards And Over $56.94 7A 3C 8P King Power Equipment Operators Service Engineers - Equipment $56.00 7A 3C 8P King Power Equipment Operators Shotcrete /gunite Equipment $53.57 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $56.00 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $56.94 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $56.44 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $57.51 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $58.10 7A 3C 8P King Power Equipment Operators Slipform Pavers $56.94 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et Screedman $56.94 7A 3C 8P King Power Equipment Operators Subgrader Trimmer $56.44 7A 3C 8P Rev 4/16 – 100 – King Power Equipment Operators Tower Bucket Elevators $56.00 7A 3C 8P King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $57.51 7A 3C 8P King Power Equipment Operators Tower Crane: over 175' through 250' in height, base to boom $58.10 7A 3C 8P King Power Equipment Operators Tower Cranes: over 250' in height from base to boom $58.67 7A 3C 8P King Power Equipment Operators Transporters, All Track Or Truck Type $56.94 7A 3C 8P King Power Equipment Operators Trenching Machines $56.00 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver - 100 Tons And Over $56.44 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver Under 100 Tons $56.00 7A 3C 8P King Power Equipment Operators Truck Mount Portable Conveyor $56.44 7A 3C 8P King Power Equipment Operators Welder $56.94 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $53.57 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $56.44 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Batch Plant Operator, Concrete $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $53.57 7A 3C 8P Underground Sewer &t Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Brooms $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Bump Cutter $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cableways $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Chipper $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Compressor $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Concrete Finish Machine - laser Screed $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line $56.00 7A 3C 8P Underground Sewer & Water Rev 4/16 — 101 — Rev 4/16 — 102 — Pump, Pump High Pressure. King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $56.44 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Conveyors $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and over $58.67 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $57.51 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $58.10 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: 300 tons and over or 300' of boom including jib with attachments $58.67 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: A -frame - 10 Tons And Under $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: Friction cranes through 199 tons $58.10 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $56.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Crusher $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Deck Engineer /deck Winches (power) $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Derricks, On Building Work $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Dozers D -9 & Under $56.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Drill Oilers: Auger Type, Truck Or Crane Mount $56.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Drilling Machine $57.51 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Finishing Machine, Bidwell And Gamaco & Similar Equipment $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Forklift: 3000 Lbs And Over With Attachments $56.00 7A 3C 8P Underground Sewer & Water Rev 4/16 — 102 — King Power Equipment Operators- Forklifts: Under 3000 Lbs. With Attachments $53.57 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $56.44 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Gradechecker /stakeman $53.57 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Guardrail Punch $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $56.94 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $56.44 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Horizontal /directional Drill Locator $56.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Horizontal /directional Drill Operator $56.44 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Hydralifts /boom Trucks Over 10 Tons $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks, 10 Tons And Under $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Overhead Under 6 Yards $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Outside Hoists (elevators And Mantifts), Air Tuggers,strato $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type $56.44 7A 3C 8P Rev 4/16 — 103 — Rev 4/16 - 104 - Underground Sewer Et Water Crane: 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $56.94 7A 3C 8P Underground Sewer 8 Water King Power Equipment Operators- Pavement Breaker $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $56.94 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger And Bellman $53.57 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Rigger /Signal Person, Bellman (Certified) $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $56.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Roto -mill, Roto - grinder $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $56.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers - Concrete Et Carry All $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self - propelled: 45 Yards And Over $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Service Engineers - Equipment $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete /gunite Equipment $53.57 7A 3C 8P Underground Sewer Et Water Rev 4/16 - 104 - King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $56.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $57.51 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $58.10 7A 3C 8P Underground Sewer &t Water King Power Equipment Operators- Slipform Pavers $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Spreader, Topsider & Screedman $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Subgrader Trimmer $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Tower Bucket Elevators $56.00 7A 3C 8P Underground Sewer a Water King Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $57.51 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Tower Crane: over 175' through 250' in height, base to boom $58.10 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Tower Cranes: over 250' in height from base to boom $58.67 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Transporters, All Track Or Truck Type $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Trenching Machines $56.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Truck Crane Oiler /driver Under 100 Tons $56.00 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Truck Mount Portable Conveyor $56.44 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Welder $56.94 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Wheel Tractors, Farmall Type $53.57 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Yo Yo Pay Dozer $56.44 7A 3C 8P Underground Sewer & Water King Surveyors Assistant Construction Site Surveyor $56.00 7A 3C 8P King Surveyors Chainman $55.47 7A 3C 8P King Surveyors Construction Site Surveyor $56.94 7A 3C 8P King Traffic Control Stripers Journey Level $43.73 7A 1K Rev 4/16 — 105 — King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $51.25 5D 3A 8L King Truck Drivers Asphalt Mix To 16 Yards (W. WA -Joint Council 28) $50.41 5D 3A 8L King Truck Drivers Dump Truck Et Trailer $51.25 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $50.41 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $51.25 5D 3A 8L King Truck Drivers Transit Mixer $43.23 1 Rev 4/16 — 106 — 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 Rev 4/16 — 107 - may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Rev 4/16 — 108 — Corporations: Registration Detail - WA Secretary of State Page 1 of 1 TONY UND PAVING LLC UBI Number 602813830 Category LLC Active /Inactive Active State Of Incorporation WA WA Filing Date 03/16/2008 Expiration Date 03/31/2017 Inactive Date Duration Perpetual Registered Agent lnformation Agent Name JEFF BOYER Address 23048 172ND AVE SE City KENT State WA ZIP 980424713 Special Address Information Address City State Zip Governing Persons Title Name Address Member,Manager LIND , ANTHONY 19661 SE 344TH ST AUBURN , WA 98092 http: / /www.sos.wa.gov /corps /search_detail.aspx ?ubi = 602813830 9/21/2016