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AG 16-147II RETURN TO: Thomas Fichtner EXT: 2547 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING 2. ORIGINATING 4. TYPE ❑ CONTRACTOR ❑ PUBLIC ❑ PROFESSIONAL ❑ GOODS ❑ REAL ❑ ORDINANCE ❑ CONTRACT ❑ OTHER 5. PROJECT 6. NAME 7. EXHIBITS 8. TERM: 9. TOTAL REIMBURSABLE IS SALES CITY ❑ PURCHASING: 10. DOCUMENT 96-PROJECT ❑ RISK ❑ LAW 11. COUNCIL 12. CONTRACT ❑ SENT ❑ ATTACH: ❑ LAW ❑ CHIEF 9-SIGNATORY ❑ CITY ❑ ASSIGNED ❑ SIGNED COMMENTS: GGuw DEPT./DIV: Information Technology STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ. BY: ASAP 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 #): ❑ INTERLOCAL NAME: FIBER OPTIC INSTALLATION OF CONTRACTOR: Integrity Networks, Inc. ADDRESS: 2220 Lind Ave SW #106 TELEPHONE 425 - 264 -9400 E -MAIL: DaleM @Integrity- net.net FAX: 425 -264 -9472 SIGNATURE NAME: Spencer Woods TITLE CEO AND ATTACHMENTS: © SCOPE, WORK OR SERVICES A COMPENSATION A INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS COMMENCEMENT DATE: Upon Execution COMPLETION DATE: 12/31/16 COMPENSATION $ 6,367.27 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ TAX OWED O YES ❑ NO IF YES, $ 552.41 PAID BY: A CONTRACTOR ❑ PLEASE CHARGE TO: 112 - 2100 - 112 - 521 -70 -640 , /CONTRACT REVIEW INITIAL / IDIOT REVIEWED INITIAL / DATE APPROVED MANAGER 91 16 rj12 l'lu/ ' MANAGEMENT (IF APPLICABLE) • (__ (ii (,f /� APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: ��1�� COUNCIL APPROVAL DATE: (VA-- SIGNATURE ROUTING / TO VENDOR/CONTRACTOR DATE SENT: 1) l6 DATE REC'D: 1 /11( SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED DEPARTMENT Q7 (. 11'ap /1 OF STAFF Mf�N3i I ` (M�BI EC -ToR) 1l ! It CLERK / ,� .. R AG# AG• i'(g -/q COPY RETURNED DATE SENT: / 2 2 -/ le .c 1 4A6vvya act -{-•=> 421, DO nt 0 0 J 40 fa 11/9 LIMITED PUBLIC WORKS CONTRACT FOR FIBER OPTIC INSTALLATION This limited public works contract ( "Contract ") is dated effective this 16th day of December, 2016 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Integrity Networks, Inc., a Washington Corporation ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at Intersections of SW 340th St. & Hoyt Road and SW 356th St. & 21St Ave SW, 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 Fiber Optic Installation 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," Notice to Labor Unions attached as Exhibit "C," Prevailing Wage Rates attached as Exhibit "D," Title VI Assurances attached hereto as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," 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 December, 2016. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: 1 (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permits, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The 2 Contractor shall supply such supporting documents and analysis for the claims as the City may require determining 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 December, 2016, 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. 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 Five Thousand Eight Hundred Fourteen and 86/100 Dollars ($5,814.86), and Washington State sales tax equal to Five Hundred Fifty - Two and 41/100 Dollars ($552.41), for a total amount not to exceed Six Thousand Three Hundred Sixty -Seven and 27/100 Dollars ($6,367.27), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Thomas Fichtner 33325 8th Avenue South Federal Way, WA 98003 -6325 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 4 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 "C," 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 F. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 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 as due. Industrial or any other insurance 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 Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 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. 5 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $ ,000,000 for bodily injury, including personal injury or death, products liability a pr perty damage. (3) Automobile liability insurance with combined single limits of liability not less than $1,000,000 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. 6 (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, attached hereto as Exhibit "F" and incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and 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. 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 7 water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 11. PREVAILING WAGES 11.1 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 "D" 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. 11.2 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. 11.3 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. 11.4 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. 8 12. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 13. 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. 14. 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. 15. 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. 16. 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. 17. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 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 9 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. 17.2 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. 17.3 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. 18. GENERAL PROVISIONS 18.1 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. 18.2 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. 18.3 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. 18.4 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. 18.5 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. 10 18.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 18.7 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. 18.8 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. 18.9 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. 18.10 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. 18.11 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. 18.12 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. 18.13 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. 18.14 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. 11 DATED the day and year set forth above. APPROVED AS TO FORM: '0,21' Le City Attorney, ikket CAtit STATE OF WASHINGTON ) )s COUNTY OF King) CITY OF FEDERAL WAY: Thomas Fichtner, IT Manager 33325 8th Avenue South Federal Way, WA 98003 -6325 ATTEST: Integr By: Its: Spencer Woods, CEO 2220 Lind Ave SW, #106 Renton, WA 98057 (Address) (425) 264-9400 (Phone) On this day personally appeared before me Spencer Woods, to me known to be the CEO of Integrity Networks, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 16th day Shanno'r� at (typed printed name of notary) Notary Public in and for the State My commission. expires 3/13/20 12 of W e N III �///'ii :o NOTA /y "• _ _ �.� t PUBLIC OI WAStk \``\. IIInn 1111OI EXHIBIT A SCOPE OF WORK Itemized Summary • Integrity Networks will provide for an Electrician to provide Safety Watch while pulling the below fiber through pathway that contains Signal High Voltage. • Integrity Networks will provide the Labor, Equipment & Materials to install 1 each 6 SMFO cable from the Signal Cabinet at the NE corner of SW 356th St & 21st Ave SW to a Comcast vault installed by others. 125 ft. of slack will be left for Comcast to extend to their splice point. • Integrity Networks will provide the Labor, Equipment & Materials to terminate the above 6 SMFO cable in a SPH -01 P Panel using LC Pigtails. • Integrity Networks will provide the Labor, Equipment & Materials to install 1 each 6 SMFO cable from the Signal Cabinet at the NW corner of SW 340th St. & 39th Ave SW to a new Comcast vault approximately 450 ft. East. 250 -300 ft. of slack will be left in the Comcast vault for Comcast to route to their splice location. • Integrity Networks will provide the Labor, Equipment & Materials to terminate the above 6 SMFO cable in a SPH -01 P Panel using LC Pigtails. • Integrity Networks will provide for OTDR Testing of the above 6 SMFO cables. • Integrity Networks will submit ROW permit for approval. • Integrity Networks will coordinate with Comcast and /or their contractor if necessary on timing of fiber pulling/splicing /terminating. Assumptions • All Pathway is free and clear and able to install fiber using normal means. Exempt from Scope • Any new pathways or pathway connections. • Permit fees. 13 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 n 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 14 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 D INCREASED $ ❑ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ MAYOR'S SIGNATURE 15 EXHIBIT C NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: IBEW Local 46 (Name of Union or Organization) The undersigned currently holds contract(s) with City of Federal Way involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous .laces available to employees or applicants for employment. 16 Spencer Woods, CEO (Contractor or subcontractor) 12/16/16 Date Effective Date: EXHIBIT D PREVAILING RATE OF WAGE (SEE ATTACHED). Apprentice S /ages 10/3/2016 Benefit Code Key for 10/3/2016 County Trade King Teleph■:ine Lime Censtruc Ouse n Job Classsifi at +on Cable Splicer $37.6 Holiday Overtime Note 54 2B King T 49phone Line Construction =Flote Digger /Ground Person S20.79 5A 2B Outside King Telephone Line Construction - Installer (Repairer) S36.02 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer I $37.60 5A 2B Outside Telephone Line Construc'ion Special Apparatus Installer II $36.82 5A 2B Outside Telephone Line Construr ben - Telephone Equipment Operator $37.60 5A 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator $34.94 5A 2B Outside (Light) King Telephone Line Construction - Telephone Lineperson $34.93 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.73 5A 2B Outside King Telephon Outside King Telephone Line Construction - Television System Technician $31.50 5A 26 Outside Telephone Line Construction - Tel Outside King Telephone Line Construction - Tree Trimmer King Lire Construe: n - 'Television Lineperson/dnstatier 526.31 5A 2B King n Technician 17 528.23 5A $34.93 5A 2B 2B EXHIBIT E 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 18 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. 19 EXHIBIT F CERTIFICATE OF INSURANCE 20 AC-012C) INTENET -02 CERTIFICATE OF LIABILITY INSURANCE LHAGHGOO DATE (MM /DD /YYYY) 12/16/2016 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Hub International Northwest LLC 12100 NE 195th St. Suite 200 Bothell, WA 98011 INSURED Integrity Networks, Inc 2220 Lind Ave SW #106 Renton, WA 98057 CONTACT NAME: PHONE (A/C, No, Ext): (425) 4894500 � , No) :(425) 485 -8489 E-MAP ADDR SS: now.inf hubinternational.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Company of America 25674 INSURER B :The Phoenix Insurance Company 25623 INSURER C : INSURER D : INSURER E : INSURER F : • 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 WVD POLICY NUMBER POLICY EFF IMM/DD/YYYYI POLICY EXP (MM /DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X X DT- CO- 4C626115- TIL -16 11/23/2016 11/23/2017 EACH OCCURRENCE $ 1,000,000 pREMISES(EaE rrrence) $ 300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM. AGGREGATE POLICY OTHER: X LIMIT APPLIES PER: LOG PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRTOSONLY X SCHEDULED AUTOS y� /N AUTOS NNE& X X DT- 810- 4C626115 -P HX -16 11/23/2016 11/23/2017 (EaaMBINd SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ _ BODILY INJURY (Per accident) $ {PeraEc�tDAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP- 9G447471 -16 -26 11/23/2016 11/23/2017 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 $ DED X RETENTION $ 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatory In N 1) EXCLUDED? N es, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A DT- CO- 4C626115- TIL -16 11 /23/2016 11 /23/2017 PER STATUTE X- 0TH - ER 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: WORK AT INTERSECTION OF SW 340TH ST & HOYT RD AND SW 356TH ST & 21ST AVE SW, FEDERAL WAY, WA ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS. SEE ATTACHED ENDORSEMENT(S). CERTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY, A WASHINGTON MUNICIPAL CORPORATION 33325 8TH AVENUE SOUTH Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy number: DTCO4C626115TIL -16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. b) CG D2 46 08 05 The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 Policy number: DTCO4C626115TIL -16 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medcal expenses described in any of the provisions of tfas endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. B. C. D. E. F. G. Aircraft Chartered W1th Pilot Damage To Premises Rented To You Increased Supplementary Payments Incidental Medical Malpractice Who Is M Insured - Newly Acquired Or Formed Organizations Who Is An Insured - Broadened Named Insured - Unnamed Subsidiaries Blanket Additional Insured - Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE UABIUTY: This exdueon does not apply to an aircraft that is: - (a) Chartered with a pilot to any insured, (b) Not awned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I - COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABIUTY is deleted 2 The following replaces the last paragraph of Paragraph 2, Exclusions, of SECTION I - COVERAGES - COVERAGE A. BODILY H. Blanket Additional Insured - Lessors Of Leased Equipment I. Blanket Additional Insured - States Or Political Subdivisions - Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L BlanketWaiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability - Railroads INJURY AND PROPERTY DAMAGE U- ABIUTY Exclusions c. and g. through n. do not apply to "premises damage ". Exclusion f.(1)(a) does not apply to "premises damage" caused by a Fire; b. Explosion; a Lightning; tl. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exdusion f. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion-AM Pollu- tion Injury Or Damage or Total Pollution Ex- dueion in its tine. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III -UMITS OF IN- SURANCE. CG 133 16 11 11 02011 The Travelers lndemnih Company. Ae,ightereserva, E. 3. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para - Era�h 2 Exclusions, of SECTION I -COV- ERAGE$ - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE UABIUTY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordnance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV - COM- MERCIAL GENERAL UABIUTY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II -Who Is An Insured. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION R -WHO IS AN INSURED: CG D3 16 11 11 Page l at 6 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, wall qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However a Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire Or form N; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily Injury" or "property damage" that occurred before you acquired or formed the organization; and a Coverage B does not apply to "personal in- jury' or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subeidaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declare - Sons is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub. sicken/. 02011 me Tmebnlndemnily comg0v.A.,0.,asarad Page 3 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III - UMITS OF INSURANCE: Subject to 5, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Umit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a The amount shown for the Damage To Premises Rented To You Limit on the Declarations of the Coverage Part; or b• $300,000 if no amount is shown for the Damage To Premises Rented To You Limo on the Declarations of this Coverage Part 4, The following replaces Paragraph a. of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract fora lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage is not an "insured contract'; 5. The following is added to the DEFINITIONS Section: aPgregrilises damage" means "property dam- e. My premises while rented to you or tem- porally occupied by you with permission of the owner, or b. The contents of any premises while such premises is rented to you, if you rent such Etsgmard ,period of seven or fewer B. The following replaces Paragraph 4.b.(1)(b) of SECTION IV - COMMERCIAL GENERAL UABIUTY CONDITIONS: (b) That is insurance for "premises damage'; or 7. Paragraph 4.1111)(c) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS- COVER- AGES A AND B of SECTION 4 COVER- AGE b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehide to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", inducing actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1, The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 20.(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medcal services" by any of your "employees" who risca nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (li) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or vol- unteer dolor. Any such "employees' or 'Volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Page 2 of 6 02011 TheT,aveie,,Inaemney Company. 0er5111e reserved. COMMERCIAL GENERAL UABIUTY 3. The following replaces Paragraph 6. of SEC- TION III - LIMITS OF INSURANCE. Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most ore will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from fiis; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or A. $300,000 if no amount is shown for the Damage To Premises Rented To You Limo on the Declarations of this Coverage Pert 4, The following replaces Paragraph a of the definition of "insured contract' in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract'; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age to: a My premises while rented to you or tem- porarily occupied by you with permission Of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such Fb"rateJ &d$y$enod of seven or fewer 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV - COMMERCIAL GENERAL LIABIUTYCONDITIONS: (b) That is insurance for "premises damage"; or 7. Paragraph 4.b.(1)(c) of SECTION IV - COMMERCIAL GENERAL UABILITY CON- DITIONS is deleted. Page 2 of 6 02011 The Travelersina CO D3 15 11 11 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS- COVER- AGES A AND B of SECTION 4 COVER- AGE b. Up to $2,500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehide to which the Bodily Injury liability Coverage applies. We do not have to fur- nish these bonds. 2 The ldlowyng replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS - COVER- AGES A AND B of SECTION I - COVER- AGES'. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', inducing actual loss of earnings up to $500 a day because of time oft from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" toe person. 2. The following is added to Paragraph 2,a(1) of SECTION II - WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail - ing to provide (I) "Incidental medical. services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant emergency med- cal technician or paramedic; or (11) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. Companr.All rights reserved. CO D3 16 11 11 3. The following is added to Paragraph 5. of SECTION III - LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit. all related acts or omissions committed in providing or failing to provide "incidental medical services", first ad or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence ". 4. The following exclusion is added to Para - ERAGE$ - COVERAGE A BODILYIINJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodly injury" or "property damage" arising out of the willful violation of a penal statute or ordnance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and colledide other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury' that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.0(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED - NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II -WHO IS AN INSURED: CG 03 16 11 11 0201 r me Travelers Inds COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for " bodly injury", "property damage", "persona injury" or "advertising injury" that: a Is "bodily injury" or "property damage" that occurs, or is "persona injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement and b. Ansel out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, onager or lessor is subject to the following pro- visions: a The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which - ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any " bodly injury" or "property damage" that occurs, or "personal injury" or "adver- tising injuy caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. 0. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other bans, unless you have agreed in the written contract or agreement that this in- surance must be primary to, on non- contributory with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other insur- ance. COMMERCIAL GENERAL LIABILITY 4, Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, w4l qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However a Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) troll the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and o. Coverage B does not apply to "persona in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED - BROADENED NAMED INSURED - UNNAMED SUBSIDIARIES The following s added to SECTION II -WHO IS AN INSURED. Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you manran an own - ership interest of more than 50% in such subsidi- ary on the first day of the policy period No such subsidiary is an insured for "body injury" or "property damage" that occurred or 'personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidary. Comps ny. /srsmsr..anea. Page 3 of 6 Page 4 of 6 02011210 Travebra araeee ay c H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "persona injury" or "advertising injury" that a Is "bodily injury" or "property damage" that occurs, or is "persona injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment Tess" does not apply to any "badly injuy or "property damage" that occurs, or "personal injury" or "advertising Injury" caused by an of- fense that is committed, after the equipment lease expires. e. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non-contributory with, such other insurance, in which case this insurance will be primary to, and non - contributory with, such other in- surance. 1. BLANKET ADDITIONAL INSURED- STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II-WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required empany.AOrtrbisrwarved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED - OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- dude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "badly injury", "property damage ", "personal injury" or "advertising injury" Nat: a Is "badly injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are lees. b. The insurance provided to such premises owner, manager or lessor does not apply to (1) Any "badly injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether pnmary, excess, contingent or any other basis, unless you have agreed In the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and noncontributory with, such other insur- ance. Page of 02011 Ts.rrneurslnaemnayc by any ordnance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury', "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to a Any 'bodily injury," "property damage," "per- sonal injury" or "advertising injury' arising out of operations performed for that state or po- litical subdivision; or b. Any "badly injury" or "property damage in- cluded in the "products- completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim of Suit, of SECTION IV -COMMERCIAL GEN- ERAL UABIUTY CONDITIONS: e. The following provisions apply to Paragraph a above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as pracica- de only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual Of you are a limited liability company), any of your "executive offi- cers" or dradon (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are indviduals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (I) A partner w member of any part- nership or joint venture; H. BLANKET ADDITIONAL INSURED - LESSORS OF LEASED EQUIPMENT The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury', "property dam- age ", "personal injury" or "advertising injury" that a Is "badly injury" or "property damage" that occurs, or is "personal injury' or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any 'body injury or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. a The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or with, such other insurance, in which case this insurance will be primary to, and non-contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED- STATES OR POLITICAL SUBDIVISIONS - PERMITS The following is added to SECTION II-WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required ,m pony. us.010 omens . CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 08 A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insr . er. This applies only if you subsequently notice to us of the "occurrence" or offense as soon as practiceble after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "popery damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repee- senatlons, of SECTION IV - COMMERCIAL GENERAL LIABIUTY CONDITIONS, The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not peju- dce your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV- COMMERCIAL GENERAL LI- ABILITY CONDITIONS. CD 03 16 11 11 02Ur1nM Travelers rnaamnor Comp. ny.Orrgnereservau Page 5of6 COMMERCIAL GENERAL UABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but oNy for payments we make because of a. " Badly injury' or "property damage" that oc- curs; b. "Personal injury or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3, "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time N. CONTRACTUAL LIABIUTY — RAILROADS 1. The fdlowing replaces Paragraph c, of the definition of "insured contract' in the DEFINI- TIONS Section: a Any easement or license agreement; 2. Paragraph L(1) of the definition of "insured contract' in the DEFINITIONS Section is de- leted. Page 6 of 6 02o11 Thenavekninaamiy Company .AI,kss,mavea. CO 03 16 11 11 COMMERCIAL GENERAL LIABILITY POLICYNUMBER :DT- CO- 40626115- TIL -16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED , IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard ", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". CG D2 11 01 04 Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project ". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medica expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from 'occurrences" under COVERAGE A (SECTION I) and for all medica expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products- completed operations hazard" is pro- Page 2 of 2 vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right -of -way of a railroad shall be considered a single "project ". F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 Policy#: DT-81 04C626115PHX-16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in Al., Who Is An insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 03 10 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the °bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. © 2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO 2. The following replaces Paragraph b. in 13.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph Al., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS t The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or Page 2 of 4 within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (III) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limit Of Insurance, of SEC- TION II — LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limit Of Insurance, of SECTION II — LIABILITY COVER- AGE, and not in addition to such limit Our duty to make such payments ends when we have used up the ap- plicable limit of insurance in pay- ments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office, Inc with its permission. to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada, We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION lii — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a, Transportation Expenses, of SECTION 111 — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. CA T3 53 03 10 COMMERCIAL AUTO J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto° is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". t 2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph 8.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non-renewal. Page 4 of 4 © 2010 The Travelers Indemnity Company. CA T3 53 03 10 Includes copyrighted material of insurance Services Office, Inc. with its permission. CITY OF FEDERAL WAY • TELEPHONE QUOTATION FORM DETAILED DESCRIPTION: (Include Item /Part Numbers, Quantity, Description) Terminate fiber in two traffic cabinets at the intersections of SW 356th St /21s` Ave S and SW 340 ;`' St /Hoyt Rd. Cable needs to be a minimum of 6 count single mode. Terminations are LC, in a Corning SPH -01P enclosure and secured to inside of controller cabinet. Must run the cable through intersection conduits /vaults and coil slack for Comcast to splice other end into their aerial splice case. Inclusive of any necessary testing and permitting /traffic control, if required. COMPANY A COMPANY B COMPANY C Mon -Arc Fiber Optics Company Name Integrity Networks Company Name Cannon Construction Company Name Joe Winkler Representative Dale Morgan Representative Shawn Greer Representative 253 -444 -7486 Phone Number 206 - 355 -9608 Phone Number 253 - 922 -2787 Phone Number $6,350 Price Quote $5,814.86 Price Quote NO RESPONSE Price Quote Plus Tax $603.25 Additional Charges? Plus Tax $552.41 Additional Charges? Plus Tax NO RESPONSE Additional Charges? $6,953.25 $6,367.27 NO RESPONSE TOTAL PRICE TOTAL PRICE TOTAL PRICE Upon Request Delivery Date? Upon Request Delivery Date? Upon Request Delivery Date? Not stated Warrantee Included? 1 year Warrantee Included? Not stated Warrantee Included? Company Chosen: A C PO No.: Budget Code: 19.- Sal-76 -4% Requested By: Date: Integrity Networks Inc. Thank you for the Opportunity to Provide you with a Proposal for the Signal Cabinet Fiber Connections to Comcast at the City of Federal Way. 2220 Lind Ave SW Suite Phone 425.264.9400 Fax 425.264.9450 TO Thomas Fichtner City of Federal Way 33325 8th Ave S Federal Way, WA 98003 253- 835 -2547 Customer ID FED01 Quote Prepared by Dale Morgan [206- 355 -9608] dalem@integrity-net.net DATE: DECEMBER 15, 2016 EXPIRATION DATE FEBRUARY 15, 2017 SALESPERSON JOB ( PAYMENT TERMS DUE DATE Dale Morgan Signal Cabinet Fiber Connections to Comcast Due on receipt Lump Sum SCOPE OF WORK Itemized Summary • Integrity Networks will provide for an Electrician to provide Safety Watch while pulling the below fiber through pathway that contains Signal High Voltage. • Integrity Networks will provide the Labor, Equipment a Materials to install 1 each 6 SMFO cable from the Signal Cabinet at the NE corner of SW 356th St a 215t Ave SW to a Comcast vault installed by others. 125 ft. of slack will be left for Comcast to extend to their splice point. • Integrity Networks will provide the Labor, Equipment a Materials to terminate the above 6 SMFO cable in a SPH -01P Panel using LC Pigtails. • Integrity Networks will provide the Labor, Equipment a Materials to install 1 each 6 SMFO cable from the Signal Cabinet at the NW corner of SW 340th St. a 39th Ave SW to a new Comcast vault approximately 450 ft. East. 250 -300 ft. of slack will be left in the Comcast vault for Comcast to route to their splice location. • Integrity Networks will provide the Labor, Equipment a Materials to terminate the above 6 SMFO cable in a SPH -01P Panel using LC Pigtails. • Integrity Networks will provide for OTDR Testing of the above 6 SMFO cables. Assumptions • All Pathway is free and clear and able to install fiber using normal means. Exempt from Scope • Any new pathways or pathway connections. • Permitting or Permit Fees. PRICING DESCRIPTION UNIT PRICE LINE TOTAL Labor Install, Splice and Test 6 SMFO Lump Sum $ 3,188.54 Materials Cable, Termination Parts a Equipment Lump Sum $ 2,626.32 TOTAL $ 5,814.86 This is a quotation on the goods named, subject to the conditions noted below: General Warranty Integrity Networks, Inc. warrants all workmanship performed by our employees or its agents for a period of one (1) year from project completion. Warranty covers parts and labor repairs for a period of one (1) year. Integrity Networks, Inc. does not guarantee, warrant or imply any liability for materials that are supplied by a third party. Integrity Networks, Inc. does not guarantee, warrant or imply any liability for the re -use of existing cabling and associated materials that have not been installed directly by or an agent of Integrity Networks, Inc. General Assumptions & Clarifications All work will be performed in accordance with standards, state and local codes in effect at the time of bid. Integrity Networks will test all newly installed wiring and document in accordance with industry standard procedures. Pricing is based upon performing work in one continuous phase. All work will be performed during normal business hours, Monday through Friday 8 a.m. -5 p.m. Work performed during hours other than normal business hours will be billed at premium rates. Prime Contractor or Customer must approve such work in writing and sign a change order document. Integrity Networks, Inc. authorized personnel must approve before off hours work may proceed. Access will be provided in a timely manner to all facilities where work is requested. Delays and /or interruptions resulting from lack of accessibility may result in additional charges. Integrity Networks, Inc. will not be responsible for delays caused by unavailability of materials from distributors and /or manufactures. Integrity Networks, Inc. assumes free and unhindered access will be given to all areas of work on scheduled work days. For all existing cabling pathways it is the building owner and /or customer's responsibility to insure existing cabling meets all current state, local codes as required. All work to be done with care and diligence, performed in quality and workman -like manner. All Networking equipment, shelving, patch cords and anything not explicitly noted above are exempt from both pricing and scope of work. Permits shall be acquired and posted where required by law. Integrity Networks, Inc. meets or exceeds all TIA /EIA installation standards. Payment Terms a Conditions Material and mobilization fees will be invoiced upon acceptance of proposal. Progress installation invoices will be submitted at completion of each site, with final invoice submitted upon project completion and acceptance. NET 30. Pricing does not include tax. All applicable taxes will be included during invoicing. This pricing will remain in effect for 60 days. To accept this quotation, sign here and return: THANK YOU FOR YOUR BUSINESS! alk /i6 T1" Mmr4e -rfc_ From: Joe Winkler <joefiber @comcast.net> Sent: Thursday, December 15, 2016 12:09 PM To: Thomas Fichtner Subject: RE: 340th & Hoyt Thomas, Revised pricing for Scope 1 & 2, per your change to 6 strand & 6 terminations, would be 5,500.00 + Tax Scope 3 pricing is the same. Please let me know if you need anything further. Thank You Joe Winkler, CFOS Mon -Arc Fiber Optics 253.444.7486 — Mobile 253.952.9284 — Fax CFOS Cert. # 2370124 From: Thomas Fichtner [mailto: Thomas .Fichtner @cityoffederalway.com] Sent: Thursday, December 15, 2016 12:00 PM To: 'Joe Winkler' <joefiber@comcast.net> Subject: RE: 340th & Hoyt Joe, Per our conversation on the phone, please correct your bid to include 6 LC terminations per cabinet (total of 12 for the two intersections) and the fiber cable being a minimum of 6 strands. It can be more based on availability of cable, but must be a minimum of 6 strands. Also, King County signal technicians will not be available for assistance during the pulling of cable. If you an additional electrician on site while pulling the cable through junction boxes with the street lighting and traffic signal wires (high voltage), please make sure your bid includes that. Thank you! Thomas From: Joe Winkler [mailto:joefiber@comcast.net] Sent: Tuesday, December 13, 2016 8:19 PM To: Thomas Fichtner Subject: RE: 340th & Hoyt Thomas, Pricing & Scope, for the following fiber optic work. 1 Scope 1: Hoyt Rd. & S.W. 340th Provide & Install Approximately 900 Feet of 12 Strand Single -mode fiber optic cable from controller cabinet to existing Corncast vault. The amount of fiber slack left in Comcast vault, is to be verified by Comcast, so they can extend 12 strand to an aerial line and splice to their existing cable. Provide & Install a small 12 port fiber panel inside controller cabinet and terminate 12 strands with LC Fiber Connectors. Mon -Arc will test fiber, prior to Comcast extending cable, to an aerial splice. Scope 2: 215t Ave. S.W. & S.W. 356th Provide & Install Approximately 700 Feet of 12 Strand Single -mode fiber optic cable from controller cabinet to existing Comcast vault. The amount of fiber slack left in Comcast vault, is to be verified by Comcast, so they can extend 12 strand to an aerial line and splice to their existing cable. Provide & Install a small 12 port fiber panel inside controller cabinet and terminate 12 strands with LC Fiber Connectors. Mon -Arc will test fiber, prior to Comcast extending cable, to an aerial splice. Scope 3: Hoyt Rd. & S.W. 340th Proof 6 sections of existing underground 2" conduit, (Approximately 500 Feet) with fiberglass rodder and install pull line, in all 6 sections of conduit. ** If existing underground conduit cannot be proofed, due to damage or blockage, The City would be responsible for the repair, of the damaged conduit. Pricing: Scope 1 & 2 Combined: $ 7,000.00 + Tax Scope 3: $ 850.00 + Tax No Traffic Control, is included in above pricing Comcast will be continuing proposed fiber and splicing into their own cable, after Mon -Arc's scope... Mon -Arc is not responsible, if fiber cable gets damaged, after Mon -Arc's scope, is complete. Thomas... Can you ask Comcast, how much fiber slack they want coiled in each vault. I am also attaching a spec sheet, for the Corning Freedm LST cable... So they know what they would be working with. Let me know if you have any questions. Thank You Joe Winkler, CFOS Mon -Arc Fiber Optics 253.444.7486 — Mobile 253.952.9284 — Fax CFOS Cert. # 2370124 From: Thomas Fichtner [mailto:Thomas.Fichtner @cityoffederalway.com] Sent: Tuesday, December 13, 2016 5:28 PM To: Joe Winkler (joefiber @comcast.net) <joefiber @comcast.net> Subject: 340th & Hoyt 2 FREEDM® LSTTM Loose -Tube, Gel -Free Cable, Riser 12 F, Single -mode (0S2) Corning FREEDM® LSTTM gel -free cables are flame - retardant, indoor /outdoor, riser -rated cables designed for interbuilding and intrabuilding backbones in aerial, duct and riser applications. With a riser rating, there is no need for a transition splice when entering the build- ing. Available in a compact design, these cables are protected against water penetration by innovative wa- terblocking tapes and yarns that swell to absorb water. Waterbiocking without the use of messy gels provides more efficient and craft - friendly cable preparation, allows easier cable access and simplifies the use of buffer tube fan -out kits. The buffer tubes and fibers in each tube are color coded for quick, easy identification. Note: This cable is available in 12 different jacket colors — blue, orange, green, brown, slate, white, red, black, yel- low, violet, rose and aqua. The colored jacket allows for easy visual identification of the cables while still providing all of the required environmental protection of an indoor/ outdoor cable jacket. Black is the standard jacket color using the part numbers shown here. Contact Customer Care at 1- 800 - 743 -2675 to order other color options. Features and Benefits Riser rating No transition splices when entering buildings Gel -free waterblocking technology Craft - friendly cable preparation Color -coded fibers Quick and easy identification All- dielectric construction Requires no grounding or bonding UV- resistant, flame - retardant jacket Rugged, durable and easy to strip Standards Approvals and Listings National Electrical Code® (NEC ®) OFNR, CSA OFN FT -4 Common Installations Outdoor lashed aerial and duct; indoor vertical riser and general purpose hori- zontal according to National Electrical Code (NEC) Article 770 Product Specification 012ESF -T4101 D20_NAFTA_AEN Page 1 Revision date 2015 -01 -08 CORNING FR / UV- Resistant Outer Jacket Ripcord ,,-- Fiber Buffer Tube - Dielectric Strength Members Cross Section of Part Number: 012ESF -T4101 D20 CORNING FREEDM® LSTTM Loose -Tube, Gel -Free Cable, Riser Standards Design and Test Criteria ANSI /ICEA S -104 -696 Specifications CORNING General Specifications Environment Application Cable Type Product Type Flame Rating Fiber Category Indoor /Outdoor Cables Aerial, Direct Buried, Duct, General Purpose Horizontal, (Vertical Riser) Loose Tube Dielectric Riser (OFNR) Single -mode (OS2) Temperature Range Storage Installation Operation Cabe Design Fiber Count Fiber Coloring Fibers per Tube Number of Tube Positions 1 Number of Active Tubes 1 Tensile Strength Elements and /or Armoring - Layer 1 Dielectric strength members Tensile Strength Elements and /or Armoring - Layer 2 Water - swellable dielectric strength members Number of Ripcords 1 Outer Jacket Material Flame- Retardant, UV- Resistant Outer Jacket Color Black -40 °C to 70 °C ( -40 °F to 158 °F) - 10 °Cto60 °C (14 °F to 140 °F) - 40 °C to 70 °C (-40°F to 158 °F) 12 Blue, Orange, Green, Brown, Slate, White, Red, Black, Yellow, Violet, Rose, Aqua 12 Product Specification 012ESF- T4101020_NAFTA_AEN Page 21 Revision date 2015 -01 -08 CORNING FREEDM® LSTTM Loose -Tube, Gel -Free Cable, Riser F, Single -mode (O M Mechanical Characteristics Cable Weight Nominal Outer Diameter Max. Tensile Strength, Short-Term Max. Tensile Strength, Long -Term Min. Bend Radius Installation Min. Bend Radius Operation 56 kg /km (38 lb /1000 ft) 7.4 mm (0.29 in) 1350 N (300 lbf) 400 N (90 lbf) 111 mm (4.4 in) 37 mm (1.5 in) Chemical Characteristics Fiber Specifications Q .tical Characteristics (ca le Fiber Name Fiber Category Fiber Code Performance Option Code Wavelengths Maximum Attenuation Typical attenuation SMF -28e +5 fiber G.652.D E 01 1310 nm / 1383 nm / 1550 nm 0.4 dB /km / 0.4 dB /km / 0.3 dB /km 0.33 dB /km / 0.33 dB /km / 0.19 dB /km " Typical attenuation values match the attenuation values listed in the optical fiber specifications. See www.corning.com /opticalfiber for Corning optical fiber specifications. Better attenuation performance options are available for some fiber and cable types. Contact Customer Care for additional fiber options. * * SMF -28s Ultra and ClearCurvev XB fiber deliver up to 10x better macrobend loss performance compared to the G.652.D standard and up to 33 percent better macrobend loss performance than the G.657.A1 standard for 10mm radii bends. Ordering Information Part Number Product Description EAN Code Product Specification 012ESF -T4101 D20_NAFTA_AEN Page 31 Revision date 2015 -01 -08 012ESF -T4101 D20 FREEDM® LSTTM Single -Tube, Gel -Free Cable, 12 F, Single - mode (0S2) 4042673236894 CORNING FREEDM® LSTTM Loose -Tube, Gel -Free Cable, Riser Notes RoHS C O MP L fN T Corning Optical Communications LLC • PO Box 489 • Hickory, NC 28603 -0489 USA 800 - 743 -2675 • FAX: 828 - 325 -5060 • International: +1- 828 - 901 -5000 • www.corning.com/opcomm A complete listing of the trademarks of Corning Optical Communications is available at www.corning.com /opcomm /trademarks. All other trademarks are the properties of their respective owners. Corning Optical Communications is ISO 9001 certified. © 2015 Corning Optical Communications. All rights reserved. Product Specification 012ESF -T4101 D20_NAFTA_AEN Page 4 I Revision date 2015 -01 -08 CORNING