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AG 17-039RETURN TO: PW ADMIN EXT: 2700 ID # CITY OF FEDERAL WADY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ 1�Ft'GL� 2. ORIGINATING STAFF PERSON: �,S �.Jo.��h ExT: Z -1 3 3. DATE REQ. BY: 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE q ❑ RESOLUTION CONTRACT AMENDMENT (AG#): , , 3 l ❑ INTERLOCAL OTHER 4. PROJECT NAME: % �-1 �iktV-4c6 VAc-c -40A+CSI l �Vc- X ts- q or f. 'ptr%x-rj Arre&6- C.Vt+►F a -anti/ 5. NAME OF CONTRACTOR: Al RZI%L AifL- SE..Va ro ADDRESS: 5 l Z. p] � � t- � t� M o i har l A. TELEPHONE: SLS' - ZQ 4 -1 ` 7.r E-MAIL: FAX: SIGNATURE NAME:-C�,.�['; c,Yt O uvr n TITLE: V>rena 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE #^^ BL, EXP. 12/31/_ UBI # , EXP. —/—/— 7. TERM: COMMENCEMENT DATE: ^�ts�":k Z6 IOX-1 COMPLETION DATE: rN0 V 2-1 201'7 8. TOTAL COMPENSATION: $ J S ? 3Z'0C~ I,/ ft i t V (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES VNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: PSYES ❑ NO IF YES, $ PAID BY: eGONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: xt 4rRETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR DIRECTOR �T 2✓ vF 2Lzl I o ❑ ISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPTf 7/ g 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 1 SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 1 1 3I 1 7 11. CONTRACT SIGNATURE ROUTING t� p �o ATTACH: SEGNOATUREACTHTOR ORITY, INSURANCE CERTIFICATE, ATESENT DATE RE RT F C E,LIC� S, EXHIBITS CD: l a O ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT SIGNATORY AYOR R DIRECTOR) ❑ CITY CLERK IZN ASSIGNED AG # AG# SIGNED COPY RETURNED DATE SENT: ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE" "ORIGINALS 12018 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 17-039 0< August 22, 2018 PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER "Hvlebos Harmonics" Public Art for the Performina Arts & Event Center PROJECT TITLE RDG IA, Inc. DBA RDG Dahlquist Art Studio ARTIST SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Zero (0) Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $716.64 NOTE: In accordance with a request from RDG Dahlquist Art Studio, the City has replaced six (6) plants and provided one (1) day worth of labor to repair damages resultant from completion of this project and agreed to reduce the contract value by the same. LIQUIDATED DAMAGES LUMP SUM: INCREASE $ DECREASE $11,170.16 NOTE: Liquidated Damages were assessed for this project in accordance with letter sent to RDG IA, Inc. DBA Dahlquist Art Studio dated February 7, 2018. TOTAL NET CONTRACT: INCREASE $ DECREASE $11,886.80 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 a cordance with the provisions of the standard specifications, the contract plans, and thespecialpftv,isions governing Op*pes of construction. DATE TURE L -SIGNATURE DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER LIQUIDATED DAMAGES NEW CONTRACT AMOUNT $ 364, 500.00 $ 0.0v rl $ (716.64) $ (11,170.16] $ 352,613.20 Appendix I Punch List Photographs Picture 2, Damaged plants along south side of planter Picture 3, Damaged plants along south side of planter K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx Picture 4, Damaged plants along north side of planter Picture 5, Construction debris and area needs to be restored K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx Picture 6, Electrical Construction debris in planters V Picture 11, Typical Damaged basalt K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx Sto OFFN .0i i it /Mj,000: Ma s Picture 14, Protruding tile i• Picture I5, Protruding tile K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx Picture 16, Typical Protruding tiles K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx 00101 11111-01-H-11 0 % 0 Imam', /%/�./rr/./Mrr/r S /0lrSisr./N! �r/sp�•r.s�M isA.o�■i:.■0....a..m■;■ .i a � , Picture 18, Typical the pattern miss -alignment and spacing gaps interior column r1 ��1111/I#1♦I1111/IIl//Il/ft rltllllllJ Int#!a#!////1►/!!!!/f!'� !t/11l!/tIIN�!#Il//1/////p1//I Il 1!/I�11/ja#sN/If t/111 Nllq/�!,!!!!t f!1!w!!l Tilt M!!i 111#111111/1111111#11//##!#// ll Joel" #111111111111111.1##ff####1tlfl111�/*11211111 11N■ 'g1141/11111111111illsisll•M 11�111s/11lmf1f11Naa�H� o goes to solve"l///Ii/11soManManon$asga#112/f1#f!!#fgalH/ 1111!1111111111111111111111Egoism Iaaf##aasagas ago amasses !! 11111lissississssss!lESE!#i Islas Issas Ismael Ingo aaaaaatssl ,IIs1i1111isas11t1111IIt11/ 15022811811665 sell gas losesseal ISItas1lits status ease aseatsataa 14 311110115 lwaaaltassels lassoes siaala agstasssssaf tlsl+1.slstslsss s♦s<t�attalsttattataatatata �aa�►'11sltsRv�ra'Itt\s\\�1 \\11 111\i1\\t\a\t\t\tstl'tasita' .ara�aaataaatiril\i���\ �\al\t\\\\\\1\\t\\a\1a\\s tt\'tai ►\aa\jk Picture 19, Typical tile pattern miss -alignment interior column K:\Performing Arts and Event Center\Arts Project\Punch list 180212.docx Picture 20, Typical pattern gaps and miss -alignments K:\Performing Arts and Event Center\Arts Project\Punch List 180212.dooc February 12, 2018 Patrick Dunn, Principal RDG IA, Inc. d/b/a RDG Dahlquist Art Studio 512 Elm Street Des Moines, Iowa 50309 RE; "Hyiebos Harmonics" Public Art for the Performing Arts and Event Center; RDG DahiquistArt Studio; Contract No, 17-039 Punch List Dear Mr. Dunn: This letter serves as a punch list of remaining items for the above referenced project and contract. Please resolve and provide documentation in the form of an itemized response letter for each of the open items. Resolution of all open punch list items is required prior to the City's Final Acceptance of the project. As items are resolved and reinspected, the City reserves the right to add additional items that are revealed based upon subsequent inspection of corrected work. Exterior Construction 1. Replace or restore surrounding plants that were damaged by construction of the project, Appendix I, Pictures 2-4. As requested from RDG L4, Inc., the City has agreed to perform this work and back charge the contractor for the 6 damaged plants and 1 day worth of labor to complete. 2. Remove debris and replace or restore beauty bark in planting beds around project, Appendix I, Pictures 5-6. In conjunction with Comment 1 above, as requested from RDG IA, Inc., the City has agreed to perform this work and back charge the contractor for the 6 damaged plants and 1 day worth of labor to complete. 3. Replace or repair damaged basalt pieces, Appendix I, Picture 11. This item was not addressed. From the walk through today, it is our understanding the contractor is going to contact the stone supplier to discuss options for treating the damaged stones and that the supplier will be on-site once the weather improves to polish the basalt tops. K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx Interior Construction To date, no work has been completed on the interior columns; therefore the comments below are repeated from the previous punch list. 4. Correct tiles that are protruding from interior column, Appendix 1, Picture 14-16. 5. Repair grout on interior column, Appendix 1, Picture 17. 6. Repair tile alignment, pattern and gaps on interior column, Appendix 1, Picture 18-20. Project Documentation 7. Provide confirmation that the lights are being controlled by the overall landscape lighting controller as part of the As-Builts and which zone they are associated with. It is not clear where they were terminated and if they are an individual zone or slaved to one of the previously existing zones. Comment to be incorporated into Operations and Maintenance Manual. 8. Provide Operations and Maintenance Manual inclusive of operation of the lighting system, cleaning requirements, maintenance requirements for the ground covers, etc. Comments were previously provided related to the Operations and Maintenance Manual under separate cover. 9. Provide either information about the plant establishment warranty period inclusive of establishment methodologies and timeframes for contractor rework or provide additional seed for establishment by City Staff in the spring at the rate set by the seed supplier. From the walk through today, it is our understanding that the landscape contractor will be back on site once the temperature reaches an acceptable planting range to seed. Additional seed was provided at the walk through today. Sincerely, EJ Walsh, P.E. PAEC Project Director/Deputy Public Works Director EW:av Enclosure: Punch List Photographs cc: Doug Hansen Day File Project File K:\Performing Arts and Event Center\Arts Project\Punch List 180212.docx EJ Walsh From: EJ Walsh Sent: Friday, February 02, 2018 4:29 PM To: 'dhansen@rdgusa.com' Subject: RE: Project: Federal Way, City of - Perform Arts Ctr - File Transfer - PAEC C&M Doug - Thank you for sending over the documents. The plans are acceptable. For the 0&Ms, please incorporate the following: Lighting — 1. The exterior lighting controller installed by your contractor contains a switch. Please include what that is for and if it is needed to be used at any point. Tile - 1. The only thing provided was a product. Is there a min/max cleaning frequency? 2. This product appears to be for preliminary install and heavy staining. Is it your recommendation to only use this product for all cleaning or should a milder cleaner be used for removing fingerprints and minor grime that easily comes off? 3. Can this product be used indoor and outdoor? 4. What damage will this product cause to surrounding landscape / carpet? Does preventative measures need to be included? 5. The instructions say not to allow material to dry to surface. Does that mean it needs to be rinsed off? Provide instructions for interior column that won't damage surrounding carpet. 6. The included manufacturers recommendations state to test a small area. Please confirm that was completed. 7. Will the cleaner react with the metal trims? Do any preventative steps need to be taken to protect them? Ground Cover - 1. Is there a suggested height to maintain the grass at? 2. Is there a min/max recommended mowing? What height should it be mowed to? 3. When mowed does cut materials need to be removed? Metals - 1. Please organize the cleaning methods into the order in which they should be performed. I would assume this would be 'clean water and wipe' then 'solvent' then 'abrasives'. 2. Provide specific solvent for cleaning. 3. In reviewing the abrasive section, we can't figure out if this is being recommended as a 3 d level of cleaning or if the intent of this section is what not to do. Please clarify. From: Doug Hansen [mailto:dhansenC�rdqusa.com] Sent: Friday, January 26, 2018 1:12 PM To: EJ Walsh Subject: Project: Federal Way, City of - Perform Arts Ctr - File Transfer - PAEC 0&M IMPORTANT: Click a link below to access files associated with this transmittal that came in 1 through the RDG Planning & Design Info Exchange web site. Download all associated files Project Name: Federal Way, City of - Perform Arts Ctr Project Number: R3001.373.00 From: Doug Hansen (RDG Planning & Design) To: EJ Walsh CC: Transmittal - 00049.pdf Subject: PAEC O&M Sent via: Info Exchange Expiration Date: 2/25/2018 Remarks: El: I'm transmitting two documents for your records: a maintenance PDF File manual for the PAEC project, and our CD's. There is overlap between 5,942 KB the two. Please let me know if you need anything else to be covered in the O&M manual. Thanks, Doug Hansen RDG Dahlquist Art Studio Transferred Files NAME TYPE DATE TIME SIZE Transmittal - 00049.pdf PDF File 1/26/2018 3:11 PM 70 KB FWPAEC ART UPDATE 2017 11 01.pdf PDF File 9/14/2017 ; 12:31 PM 39,521 KB Operations and Maintenance Manual.pdf PDF File 1/25/2018 1:31 I PM 5,942 KB To share and learn more about Newforma Info Exchange visit: Newforma Community Site RETURN TO: PW ADMIN EXT: 2700 ID #: 31401 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ Y-NeL- 2. ORIGINATING STAFF PERSON: �� `^A ��5� EXT: 3. DATE REQ. BY: S Pct 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ,XCONTRACT AMENDMENT (AG#): k7 -039 ❑ INTERLOCAL ❑ OTHER 4. PROJECTNAME:\ L 5. NAME OF CONTRACTOR: Z UU \ k � P L- 0AI G Ic^ ADDRESS: `5 1 2- L \ I'^ t (tRh' 17 �'A O: pec A TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: G.�C Cc�c'� ��)(�(\ TITLE: ( 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. —/—/- 7. /_7. TERM: COMMENCEMENT DATE: I ���0�� -2Z O COMPLETION DATE: ' J of Z% -,>o \ -7 8. TOTAL COMPENSATION: $ Li , � � � (J I m C,\'c ^ c � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF F LOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES 010 IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: AYES gN IF YES, $ PAID BY: ❑ CONTRACTOR CITY RETAINAGE: RETAINAGE AMOUNT: J � ❑ ,24tETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR ZQ 1 -7 ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) SLAW DEPT 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:' 11. CO TRACT SIGNATURE ROUTING — /] t ,SENT TO VENDOR/CONTRACTOR DATE SENT: 0 l DATE REC'D: �❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL / DATE SIGNED ❑ FINANCE DEPARTMENT LAW DEPT . 1 ( r L I 1 ❑ SIGNATORY (MAYOR OR DIRECTOR) AjCITY CLERK ASSIGNED AG # G� SIGNED COPY RETURNED AT SENT: Uk-3 'I} ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE " " ORIGINALS 412017 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. otyol%derahvay com AMENDMENT NO.1 TO PUBLIC WORKS CONTRACT FOR "HYLEBOS HARMONICS" PUBLIC ART FOR THE PERFORMING ARTS & EVENT CENTER Pursuant to Section 20.2 of the "Hylebos Harmonics" Public Art Project for the Performing Arts & Event Center ("Agreement"), dated effective the 26th day of April 2017, this Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and RDG IA, Inc. d/b/a RDG Dahlquist Art Studio, an Iowa corporation ("Artist"). All other terms and provisions of the Agreement not modified by this Amendment shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, after the previous expiration date, and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement as it existed prior to this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. The City and Artist (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement to design and subsequently furnish all labor and materials necessary to perform work necessary to complete the Agreement as follows: Section 1. The second sentence of Section 1.2 shall be amended to read as follows: The Work shall be completed on or before November 27, 2017. Section 2. Section 2 shall be amended and replaced to read as follows: 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 November 27, 2017 to complete, and the expiration of all warranties contained in the Contract Documents ("Term"). Section 4. Section 4.4 shall be amended and replaced to read as follows: 4.4 Method of Payment. The Artist shall submit a voucher or invoice in the form specified by the City, including a description of what Work has been performed at the following construction milestones: 1. Completion of construction of all column foundations. 2. Completion of the casting/placement and subsequent stripping of all columns. 3. Substantial completion of the project. AMENDMENT - 1 - 3/2017 F.:&ederal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoAederahmy com Payment shall be made at the three above -identified milestones by the City (only after the Work has been performed to the City's sole satisfaction) within thirty (30) days after receipt and approval by the City. The Artist shall also submit a final bill upon completion of all Work. If the Work does not meet the requirements of this Agreement, the Artist will correct or modify the work to comply with the Agreement. Payment to the Artist for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. The City may withhold payment for the Work until the Work meets the requirements of the Agreement. Section 4.6 shall be added to the Agreement to read as follows: 4.6 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 Artist agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Artist. 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 Artist from further obligations and liabilities to complete this entire Contract. [Signature page follows] AMENDMENT - 2 - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www cityoflederahvey com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: 4,1,--% �.C- Jim Fe ell, Mayor DATE: g � 3 � 120 �-7 ATTEST: APPROVED AS TO FORM: ;W6*Z v'or J. Ryan Call, City Attorney RDG IA, INC-dibfkRDG DAHLQUIST ART STUDIO: Lot to J r Printed Name: Title:it%f Date: L,9 J � --7 1 If STATE OF IOWA ) ) ss. COUNTY OF POLK ) On this day personally appeared before me , to me known to be the of 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 day of Notary's signature Notary's printed n, Notary My cor r ,2017 c in and for t e Stay of JACQUELINE MANNIN(n Commission Number 776330 My Commission Expires December 31, 2018 AMENDMENT - 3 - 3/2017 RETURN TO: CITY OF FEDERAIL WAY LAW DEPARTMENT ROUTING FORM �rAk-Og. ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): l CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER PROJECT NAME: NAN ■ W17LM C • EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN Y REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ f (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH tCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) �V2 �,Oz REIMBURSABLE EXPENSE: ❑YES ❑ NO IF YES, MAXIMUM A UNT: $ *"Z IS SALES TAX OWED 11 YES ❑ NO F YES, $ PAID BY: C&CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: Q RETAINAGE AGREEIM(EE T (SEE CONTRACT) OR ❑+RETAINAAGE BOND PROVIDE IrPURCHASING: PLEASE CHARGE TO: ;/y� • 570a ' Ly � •- \Q `� 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER DIRECTOR RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ,e SENT TO VENDOR/CONTRACTOR DATE SENT: L} 11B I \7 DATE REC'D: �) 0 IH 1-7 PATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS l CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE l (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) L DLAW DEPARTMENT SIGNATO Y(mAyoq, OR DIRECTOR) ITY CLE ASSIGNED AG# SIGNED COPY RETURNED AG# ` DATE SENT: \7'7 PUBLIC WORKS CONTRACT FOR "HYLEBOS HARMONICS" PUBLIC ART FOR THE PERFORMING ARTS & EVENT CENTER 21t+h April THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this 30 day of NMareh, 2017 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner', and RDG IA, Inc. d/b/a RDG Dahlquist Art Studio, an Iowa State Corporation(" Artist'. A. The City desires to retain an independent contractor to design and subsequently furnish all labor and materials necessary to perform work necessary to complete "Hylebos Harmonics" Public Art Project, located at 31510 Pete von Reichbauer Way South, Federal Way, WA 98003, Federal Way, Washington ("Property's; and B. The Artist represents that they have the requisite skill and experience to perform such work. C. This contract replaces, supersedes, and terminates a previously executed contract between the City and the Artist identified as "Artist Agreement for Public Art for Performing Arts & Event Center" AG #17-039 dated March 13, 2017. By executing of this Contract, the City and Artist agree that said previous contract is null and void. NOW, THEREFORE, the parties ("Parties' } agree to the following terms and conditions: 1. SERVICES BY ARTIST 1.1 Description of Work. The artist 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 "Hylebos Harmonics" Public Art Project at the Performing Arts & Event Center, including without limitation: goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference, ("Work'), in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Proposals, Proposal Response, Notice of Completion of Public Works Contract attached as Exhibit "B,' Contract Change Order Agreement attached as Exhibit "C," Artist's Retainage Agreement attached as Exhibit "D," Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," Title VI Assurances attached hereto as Exhibit "G," current Prevailing Wage Rates attached as Appendix A 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 Artist of the City's Notice to Proceed. The Work shall be completed on or before September 1, 2017. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "B." 3/2017 1.3 Time. 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. The Artist will commence work within five (5) days of receipt of the Notice to Proceed and prepare and submit a schedule for the performance of services. 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. 1.4 Performance Standard. Artist shall perform the Work in a manner consistent with accepted practices for other properly trained and licensed Artists. 1.5 Compliance with Laws. Artist shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Artist 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 "C", which shall be signed by both the Artist 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 Artist 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 increases or decrease in the Artist'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 Artist 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 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 Artist. The Artist shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Artist gives written notice as required. No claim by the Artist for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Artist 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 Artist 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. Artist 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. Artist shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 2 PWC ver 2-17 1.9 Air Environment. Artist 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 September 1, 2017 to complete, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Artist represents that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Artist represents it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Artist warrants goods are merchantable, are fit for the particular purpose they were obtained, and will perform in accordance with their specifications and Artist's representation to the City. 3.2 Defective Work. The Artist 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 as more fully set forth in the General Conditions of the Contract. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Artist performing the Work, the City agrees to pay the Artist an amount not to exceed three hundred sixty-four thousand five hundred and 00/100 Dollars ($364,500.00), which amount shall constitute full and complete payment by the City ("Total Compensation'. 4.2 Artist Responsible for Taxes. The Artist 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 Artist 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 Artist modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. On a monthly basis, the Artist shall submit a voucher or invoice in the form specified by the City, including a description of what Work has been performed. Payment shall be made on a monthly basis by the City only after the Work has been performed City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 3 PWC ver 2-17 and within thirty (30) days after receipt and approval by the Performing Arts and Event Center Project Director of the voucher or invoice. The Artist shall also submit a final bill upon completion of all Work. If the Work does not meet the requirements of this Agreement, the Artist will correct or modify the work to comply with the Agreement. Payment to the Artist for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Artist's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Artist shall complete, execute and deliver to the City the Artist Retainage Agreement attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ("Fund's nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Artist and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general Artist, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER In all Artist services, programs or activities, and all Artist hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Artist or by Artist's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Artist 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. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Artist's breach, may result in ineligibility for further City agreements. 6. INDEPENDENT CONTRACTOR/ CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Artist shall be an independent Contractor and that the City shall be neither liable nor obligated to pay Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 4 PWC ver 2-17 security or other tax which may arise as an incident of employment. The Artist shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Artist may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Artist's ability to perform the Services. Artist agrees to resolve any such conflicts of interest in favor of the City. 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Artist from the City. Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the City's option, become its property. In the event Artist is not in breach of any of the provisions of this Contract, Artist will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: (1) If the Artist should be adjudged a bankrupt. (2) If the Artist should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Artist. (4) If Artist should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Artist should fail to complete the Work within the time specified in this Contract. (6) If the Artist should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Artist should fail to make prompt payment to subcontractors or for material labor. (8) If Artist should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. (9) If Artist should persistently disregard instructions of the Mayor or his or her representative. City of Federal Way "Hyiebos Harmonics" Public Art Project for the PAEC Page 5 PWC ver 2-17 (10) If Artist shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Artist and Artist shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Artist agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. 8. INDEMNIFICATION 8.1 Artist Indemnification. The Artist 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 Artist, its partners, shareholders, agents, employees, or by the Artist's breach of this Contract. Artist waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Artist's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Artist, 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, licenses, 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. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 6 PWC ver 2-17 9. INSURANCE 9.1 Minimum Limits. The Artist agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. (4) The Artist shall maintain an All Builder's Risk 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 Artist's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an 'occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Artist shall furnish the City with certificates of insurance evidencing the coverage required by the Section, attached hereto as Exhibit "F" and herby 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. Artist shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractor 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 Artist and approved in writing by the City. At the option of the City, Artist City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 7 PWC ver 2-17 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 Termination. The Artist's failure to provide the insurance coverage required by this Section shall be deemed to constitute non-acceptance of this Contract by the Artist and the City may then award this Contract to an alternate Artist. 10. SAFETY Artist 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). Artist 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 any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Artist shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Artist 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 RCW and Chapter 49.28 RCW (as amended or supplemented). The Hourly minimum rates for wages and fringe benefits are listed in Appendix A. The Artist, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296-127 WAC, to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. The Artist shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Artist" in Chapter 296- 127-010 WAC, complies with all the requirements of Chapter 39.12 RCW. 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; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 8 PWC ver 2-17 11.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Artist shall submit to the City Performing Arts and Event Center Project Director the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700-029-000. The City will make no payment under this contract for the work performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700-007-000. The City will not release to the Artist any funds retained under Chapter 60.28.011 RCW until all of the 'Affidavit of Prevailing Wages Paid" forms have been approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Artist shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Artist to the City, for the Artist and all subcontractors or lower tier subcontractors. 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 Artist, 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. 12. FAILURE TO PAY SUBCONTRACTORS In the event the Artist shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Artist an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 13. OWNERSHIP OF DOCUMENTS The City acknowledges the Artist's construction documents, including electronic files, as the work papers of the Artist and the Artist's instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Artist, the City shall receive ownership of the final construction documents prepared under this Agreement. The City shall not reuse or make any modification to the construction documents without the prior written authorization of the Artist. Under no circumstances shall the transfer of ownership of the Artist's drawings, specifications, electronic files or other instruments of service be deemed a sale by the Artist, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Artist's copyrights in any of the foregoing, full ownership of which shall remain with the Artist, absent the Artist's express prior written consent. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 9 PWC ver 2-17 14. OWNERSHIP OF ARTWORK Upon completion of installation, services and payment in full of all monies due to the Artist, the City shall be the exclusive owner of the installed artwork. Upon payment in full, the Artist hereby irrevocably grants, transfers, conveys, and assigns to the City the entire right, title, and interest in perpetuity in and to the work. The Artist irrevocably grants, transfers, conveys, and assigns to the City a perpetual, irrevocable, royalty -free, non -transferable exclusive license to display, exhibit, photograph, video, or reproduce images of the work. The Artist hereby represents and warrants that the work is original to the Artist and that the work is unique, and will not infringe any copyright, trademark, patent, rights of privacy or right of publicity, contain any libelous or scandalous material or infringe or violate any other right of any third party. 15. OPENING AND DEDICATION PUBLICITY/ PROMOTION All publicity and promotional materials for the Opening and Dedication including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements, shall credit the City of Federal Way Arts Commission for its support of this project. The Artist agrees to allow its name and information regarding the professional backaround and expertise of the Artist, including_ titles and information about published works to be used for pre -event marketing and promotional purposes. 16. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Artist under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Artist without prior written approval of the City. 17. BOOKS AND RECORDS The Artist 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. 18. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Artist 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 Artist 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 Artist to the City and/or the City may deduct its costs from any remaining payments due to the Artist. 19. ARTIST AND SUBCONTRACTOR RESPONSIBILITY: City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 10 PWC ver 2-17 19.1 Contractor Verification. The Artist verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable. 19.2 Subcontractor Contracts. The Artist 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 Artist shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractors responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 19.3 Subcontractor Verification. At the time of subcontract execution, the Artist 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. 20. GENERAL PROVISIONS 20.1 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. 20.2 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. 20.3 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. 20.4 Assignment. The Artist 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 Artist from any of its obligations or liabilities under this Contract. 20.5 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. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 11 PWC ver 2-17 20.6 Attorney Fees. In the event the City or the Artist defaults on the performance of any terms in this Contract, and the Artist 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. 20.7 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. 20.8 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. 20.9 Authority. Each individual executing this Contract on behalf of the City and Artist represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Artist or City. 20.10 Notices. Any notices required to be given by the City to Artist or by the Artist 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. 20.11 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. 20.12 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 Artist's performance of this Contract. 20.13 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. 20.14 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. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 12 PWC ver 2-17 DATED the day and year set forth above. CITY OF FEDERAL WAY: By: ATTEST: Wtaourtney, CMC, City I k APPROVED AS TO FORM: aLCA I Ryan Call, City Atthrney T17(Fefrell, Mayor 325 8th Avenue South Federal Way, WA 98003-6325 City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 13 PWC ver 2-17 RDG IA, In : By: iL (Signature) Davis Sanders, Principal (Name) 512 Elm Street Des Moines, IA 50309 (Address) 515-284-1675 (Phone) STATE OF IOWA ) ) ss. COUNTY OF POLK ) On this day personally appeared before me Davis Sanders to me known to be the _ Principal of _RDG IA, 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 thks day of (he VV Manning printed na a of notary) Public in d for the State of expires 12/31/201 JACQUEUINE MANNING Carte Number 7743x0 My Gbmmission I * becember 31, 20118 City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 14 PWC ver 2-17 2017. EXHIBIT A ARTIST SERVICES 1. The Artist shall be responsible for overall administration of the provision of services by the Artist under this contract and for coordination with the City. 2. Artist will provide the following services for installation of "Hylebos Harmonics": • Schematic design of artwork • Exact placement of column and basalt sitting stones in the lobby area will be mutually agreed upon and approved by the City. • Prepare Design Development Drawings for approval by the City. • Upon approval, the city will issue a notice to commence construction. • Artist to be responsible for material procurement and fabrication of the artwork, including but not limited to the following elements: o Mosaic Glass o Lighting o Basalt rock • Concrete columns installation - date to be finalized with overall construction • Mosaic tile application to commence approximately July 1, 2017 • Electrical and Lighting installation to commence approximately July 15, 2017 • Basalt stones installation to commence approximately July 15, 2017 • Installation of landscape plants to commence approximately July 15, 2017 • Substantial Completion - by August 15, 2017 • Project Completion upon City approval per Section 1.2 - September 12017 • Opening and dedication of project - to be determined on a mutually agreeable date established by July 15, 2017. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 15 PWC ver 2-17 EXHIBIT B NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 16 PWC ver 2-17 ❑ Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: Contractor's UBI Number: Flame & Maffing Address of Public Agency Department Use Only Assigned to: Date Assigned: UBI Number: Notice is hereby given relative to the completion of contractor project described below Project Name Contract Number Job Order Contracting ❑ Yes ❑ No Description of Work Done/Include Jobsite Address(es) Federally funded transportation project? ❑ Yes ❑ No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* Contractor Address Telephone # If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. ❑Yes [I No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate (If various rates apply, please send a breakdown) Sales Tax Amount TOTAL $ 0.00 $ $ 0.00 IVUI :these two totals must he Liquidated Damages $ Amount Disbursed $ Amount Retained $ TOTAL $ 0.00 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Email Address: Department of Revenue CPublic Works Section (360)704-5650 PWC@dor.wa.gov REV 31 0020e (10/26/15) F215-038-000 10-2014 washiogmn staor oeparanenr of Labor & Industries Contract Release (855) 545-8163, option # 4 ContractRelease@LNI. W A.GOV Title: Phone Number: Employment Security Department Registration, Inquiry, * Standards & Coordination Unit (360)902-9450 publieworks@esd.wa.gov Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be Granted until all affidavits are listed. Subcontractor's Name: I UBI Number: (Required) Affidavit ID* For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 PROJECT NUMBER EXHIBIT C CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER PROJECT TITLE ARTIST SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work w111 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. ARTIST'S SIGNATURE MAYOR'S SIGNATURE DATE City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 17 PWC ver 2-17 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY u INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: MAYOR'S SIGNATURE *Adjustments: $ $ $ City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 18 PWC ver 2-17 EXHIBIT D ARTIST'S RETAINAGE AGREEMENT City of Federal Way Bid/Contract Number 8th Avenue South Feder Federal Way, WA 98003-6325 253-835-7000 IDENTIFICATION AND DESCRIPTION Project Title — Contractor Representative Bid No. Date Administering Department City Representative Funding Source Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions I l to invest R not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contractor: By: Address: Contact Person: Date: Title: Phone: Fed ID #: 4LEst.mpletion Date:CITY APPROVAL Approval of Investment Program and Retainage Agreeme Finance Director~ Date CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department Also, please find attached certifications by the applicable state agencies of the receipt of: 1) Washington State Business Taxes (Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 19 PWC ver 2-17 EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: (Name of Union or Organization) The undersigned currently holds contract(s) with ]-�U L�t°V��c�l Gi�11 involving funds or credit of the City of Federal Way, Washington, r (a) subcontract(s) w' h a prime Artist holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to E4i-N&Ir WA16h City of Federal Way 333258 1h Avenue SOL Federal Way, WA 98C to . ]NC. (Contractor of ubcontractor) S1ct\w -t Date City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 20 PWC ver 2-17 EXHIBIT F CERTIFICATES) OF INSURANCE FORM City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 21 PWC ver 2-17 Exhibit F ACORD►� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) F4/25/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LMC Insurance & Risk Management, Inc.PNONE 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTA NAME: CT StaC Ferguson - 515-558-0744 FAX 515-244-9535 E-MA'L . stacy.ferguson@lmcins.com INSURER(S) AFFORDING COVERAGE NAIC M Y INSURERA:Clnclnnatl Insurance Company 10677 ENP0118475 INSURED RDGPLAN-01 INSURERB:ACCident Fund National Ins Company 10166 INSURER C: RDG Planning & Design 301 Grand Ave Des Moines IA 50309 INSURER D: INSURER E INSURER F, CnVFRAGFS CFRTIFICATF NIIMRFR• 449068288 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 IND POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y ENP0118475 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 CLAIMS -MADE a OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY Fx� JFRCOT- FX_1 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ENP0118475 1/1/2017 1/1/2018 (CF,)M=.0tSINGLF LIMIT $1,000,000 BODILY INJURY (Per person) $AUTOSNED ANY AUTO SCHEDULED IXUITOS HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PR PERTY DAMAGE $ Per accident A X UMBRELLA LIAB X OCCUR ENP0118475 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 EXCESS LIAB CLAIMS -MADE DED X I RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE - WCV6096800 1/1/2017 1/1/2018 XPER STATUTE ER - E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA E.L. DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT 1 $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project R3001.373.00 — Federal Way, City of — Perform Arts Ctr The City of Federal Way, its officers, officials, employees, volunteers and agents are an Additional Insured - primary and non-contributory - including products and completed operations - automatic status when required in Contract with respects to the General Liability policy per form GA472 (10/01) See Attached... CERTIFICATE HOI r1FR CANCFI I ATIC)N ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Avenue South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way WA 98003-6325 AUTHORIZED RREE,PRREESEN-TATTIIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ACORO� AGENCY CUSTOMER ID: RDGPLAN-01 LOC #: ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY LMC Insurance & Risk Management, Inc. NAMED INSURED RDG Planning & Design 301 Grand Ave Des Moines IA 50309 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Auto Liability insurance is primary with respects to any liability assumed under an insured contract per form AA101 (03/06) Umbrella is follow form ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUSINESS AUTO COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" they are licensed or principally garaged that are covered "autos" for each of your cover- are required to have and cannot reject ages. The following numerical symbols describe Uninsured Motorists Coverage. This in - the "autos" that may be covered "autos". The cludes those "autos" you acquire owner - symbols entered next to a coverage on the Decla- ship of after the policy begins provided rations designate the only "autos" that are covered they are subject to the same state unin- "autos", sured motorists requirement. A. Description of Covered Auto Designation Symbols 2 = OWNED "AUTOS" ONLY. Only those "autos" you own (and for Liability Cover- age any "trailers" you don't own while at- tached to power units you own). This in- cludes those "autos" you acquire owner- ship of after the policy begins. 3 = OWNED PRIVATE PASSENGER "AUTOS" ONLY. Only the private pas- senger "autos" you own. This includes those private passenger "autos" you ac- quire ownership of after the policy begins. 4 = OWNED "AUTOS" OTHER THAN PRI- VATE PASSENGER "AUTOS" ONLY_ Only those "autos" you own that are not of the private passenger type (and for Li- ability Coverage any "trailers" you don't own while attached to power units you own). This includes those "autos" not of the private passenger type you acquire ownership of after the policy begins. 5 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or prin- cipally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are re- quired to have No -Fault benefits in the state where they are licensed or princi- pally garaged. 6 = OWNED "AUTOS" SUBJECT TO A COMPULSORY UNINSURED MOTOR- ISTS LAW. Only those "autos" you own that because of the law in the state where 7 = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liabil- ity Coverage any "trailers" you don't own while attached to a power unit described in ITEM THREE). 8 = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees" or partners (if you are a partnership), members (if you are a lim- ited liability company) or members of their households. 9 = NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or borrow that are used in connec- tion with your business. This includes "autos" owned by your "employees", partners (if you are a partnership), mem- bers (if you are a limited liability com- pany), or members of their households but only while used in your business or your personal affairs. B. Owned Autos You Acquire After the Policy Begins 1. If Symbols 1, 2, 3, 41 5, or 6 are entered next to a coverage in ITEM TWO of the Declarations, then you have coverage for "autos" that you acquire of the type de- scribed for the remainder of the policy pe- riod. 2. But, if Symbol 7 is entered next to a cov- erage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it replaces Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 1 of 14 an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered "autos" for Liability Cover- age: 2. "Mobile equipment' while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing,- 1. ervicing; 1. "Trailers" with a load capacity of 2,000 d. "Loss"; or pounds or less designed primarily for e. Destruction. travel on public roads. SECTION II - LIABILITY COVERAGE A. Coverage ered "auto". This exception does g not apply if the covered "auto" is We will pay all sums an "insured" legally must a "trailer" connected to a cov- pay as damages because of "bodily injury" or ered "auto" you own. "property damage" to which this insurance (2) Your "employee" if the covered applies, caused by an "accident' and resulting "auto" is owned by that "em - from the ownership, maintenance or use of a ployee" or a member of his or covered "auto". her household, We will also pay all sums an "insured" legally must pay as a "covered pollution cost or ex- pense" to which this insurance applies, caused by an "accident' and resulting from the ownership, maintenance or use of cov- ered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident'. We have the right and duty to defend any "in- sured" against a "suit' asking for such dam- ages or a "covered pollution cost or expense". However, we have no duty to defend any "in- sured" against a "suit' seeking damages for "bodily injury" or "property damage" or a "cov- ered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judg- ments or settlements. 1. Who is an Insured The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: (3) Someone using a covered "auto" while he or she is working in a business of selling, servic- ing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "em- ployees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees", while moving property to or from a covered "auto". (5) A partner (if you are a partner- ship), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household. c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments We will pay for the "insured". (1) All expenses we incur. (1) The owner or anyone else from (2) Up to $2,000 for the cost of bail whom you hire or borrow a cov- bonds (including bonds for re- lated traffic law violations) re - Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 2 of 14 quired because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release attachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses in- curred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insur- ance. These payments will not reduce the Limit of Insurance. b. Out -of -State Coverage Extensions While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compul- sory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carri- ers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no-fault, required of out- of-state vehicles by the jurisdic- tion where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions 1. Expected or Intended Injury "Bodily injury" or "property damage" which may reasonably be expected to re- sult from the intentional or criminal acts of the "insured" or which is in fact expected or intended by the "insured", even if the injury or damage is of a different degree or type than actually expected or in- tended. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to liabil- ity for damages: a. Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement; or b. That the "insured" would have in the absence of the contract or agree- ment. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, dis- ability benefits or unemployment com- pensation law or any similar law. 4. Employee Indemnification and Em- ployer's Liability "Bodily injury" to: a. An "employee" of the "insured" sus- tained in the "workplace"; b. An "employee" of the "insured" aris- ing out of the performance of duties related to the conduct of the "in- sured's" business, or c. The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraph a. or b. above. This Exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and This insurance does not apply to any of the (2) To any obligation to share dam - following: ages with or repay someone else who must pay damages because of the injury. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 3 of 14 But this exclusion does not apply to "bod- ily injury" to domestic "employees" not entitled to workers' compensation bene- fits or to liability assumed by the "insured" under an "insured contract" other than a contract or agreement with a labor leas- ing firm. For the purposes of the Cover- age Form, a domestic "employee" is a person engaged in household or domes- tic work performed principally in connec- tion with a residence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" em- ployment or while performing duties re- lated to the conduct of your business. 6. Care, Custody or Control "Property damage" to or "covered pollu- tion cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, custody or control. But this exclusion does not apply to liabil- ity assumed under a sidetrack agree- ment. 7. Handling of Property "Bodily injury" or "property damage" re- sulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the cov- ered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. Movement of Property by Mechanical Device "Bodily injury" or "property damage" re- sulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto". 9. Operations "Bodily injury" or "property damage" aris- ing out of the operation of: hicle insurance law where it is li- censed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" aris- ing out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. Your work includes warranties or repre- sentations made at any time with respect to the fitness, quality, durability or per- formance of any of the items included in Paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been com- pleted. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, mainte- nance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 11. Pollutant "Bodily injury" or "property damage" aris- ing out of the actual, alleged or threat- ened discharge, dispersal, seepage, mi- gration, release, escape or emission of "pollutants": a. That are, or that are contained in any property that is: a. Any equipment listed in Paragraphs (1) Being transported or towed by, 6.b, and 6.c. of the definition of "mo- handled, or handled for move - bile equipment", or ment into, onto or from, the cov- b. Machinery or equipment that is on, ered "auto", attached to, or part of, a land vehicle (2) Otherwise in the course of tran- that would qualify under the definition sit by or on behalf of the "in - of "mobile equipment" if it were not sured"; or subject to a compulsory or financial responsibility law or other motor ve- Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 4 of 14 (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are con- tained are moved from the covered "auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured". Paragraph a. of this exclusion does not apply to fuels, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical func- tioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment"_ However, this exception to Paragraph a. does not apply if the fuels, lubricants, flu- ids, exhaust gases or other similar "pol- lutants" are intentionally discharged, dis- persed or released_ Paragraphs b, and c. of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a cov- ered "auto"; and d. At or from any premises, site or loca- tion on which any insured or any contractors or subcontractors work- ing directly or indirectly on any in- sured's behalf are performing opera- tions: (1) If the "pollutants" are brought on or to the premises, site or loca- tion in connection with such op- erations by such "insured", con- tractor or subcontractor; or (2) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any way respond to, or assess the effects of "pollut- ants". Subparagraph d.(1) does not apply to "bodily injury" or "property damage" aris- ing out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions neces- sary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or re- ceive them. This exception does not ap- ply if the fuels, lubricants or other operat- ing fluids are intentionally discharged, dispersed or released, or if such fuels, lu- bricants or other operating fluids are brought on or to the premises, site or lo- cation with the intent to be discharged, dispersed or released as part of the op- erations being performed by such "in- sured", contractor or subcontractor. 12. War "Bodily injury" or "property damage" aris- ing directly or indirectly out of: a. War, including undeclared or civil war, b. Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or ex- pected attack, by any government, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. (2) The discharge, dispersal, seep- 13. Racing age, migration, release, emis- sion or escape of the "pollut_ Covered "autos" while used in any pro - ants" is caused directly by such fessional or organized racing or demoli- upset, overturn or damage. tion contest or stunting activity, or while practicing for such contest or activity. This Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 5 of 14 insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit of Insurance Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will pay for the total of all damages and "covered pollution cost or expense" com- bined, resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to sub- stantially the same conditions will be consid- ered as resulting from one "accident". No one will be entitled to receive duplicate payments for the same elements of "loss" un- der this Coverage Form and any Medical Payments Coverage endorsement, Uninsured Motorists Coverage endorsement or Underin- sured Motorists Coverage endorsement at- tached to this Coverage Part. D. Mobile Equipment Subject to Motor Vehicle Insurance Laws As respects SECTION II - LIABILITY COV- ERAGE any land vehicle, which would qualify as "mobile equipment", except that it is sub- ject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged, is considered a covered "auto" under SECTION II - LIABILITY COVERAGE, irrespective of the Auto Designation Symbols shown for SEC- TION II - LIABILITY COVERAGE in the Decla- rations. SECTION III - PHYSICAL DAMAGE COVERAGE A. Coverage incurred each time a covered "auto" of g the private passenger type is disabled. 1. We will pay for "loss" to a covered "auto" However, the labor must be performed at or its equipment under: the place of disablement. a. Comprehensive Coverage From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Cover- age Caused by: (1) Fire, lightning or explosion, (2) Theft; (3) Windstorm, hail or earthquake, (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or derailment of any conveyance transporting the covered "auto". c. Collision Coverage Caused by: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Declarations for towing and labor costs 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles If you carry Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transportation Expenses We will also pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private pas- senger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transporta- tion expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 6 of 14 "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, un- der a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Com- prehensive Coverage is pro- vided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Cov- erage is provided for any cov- ered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $20 per day, to a maximum of $600. B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concur- rently or in any sequence to the "loss". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fu- sion, or (2) Nuclear reaction or radiation, or radioactive contamination, how- evercaused. b. War or Military Action (1) War, including undeclared or civil war, (2) Warlike action by a military force, including action in hin- dering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolu- tion, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any covered "auto" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for such a contest or activity. 3. We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown; or b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic de- vices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to de- tect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. d. Any accessories used with the elec- tronic equipment described in Para- graph c. above. Exclusions 4.c. and 4.d. do not apply to a. Equipment designed solely for the reproduction of sound and accesso- ries used with such equipment, pro- vided such equipment is perma- nently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equip- ment is designed to be solely oper- ated by use of the power from the "auto's" electrical system, in or upon the covered "auto": or b. Any other electronic equipment that is: Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 7 of 14 (1) Necessary for the normal op- eration of the covered "auto" or the monitoring of the covered "auto's" operating system; or (2) An integral part of the same unit housing any sound reproducing equipment described in Para- graph a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and qual- ity. 2. An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 5. We will not pay for "loss" to a covered For each covered "auto", our obligation to pay "auto" due to "diminution in value". for, repair, return or replace damaged or sto- C. Limit of Insurance len property will be reduced by the applicable deductible shown in the Declarations. Any 1. The most we will pay for "loss" in any one Comprehensive Coverage deductible shown "accident" is the lesser of: in the Declarations does not apply to "loss" a. The actual cash value of the dam- caused by fire or lightning. aged or stolen property as of the time of the "loss", or SECTION IV - BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal for Physical Damage Loss If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: a. Pay its chosen appraiser; and b. Bear the other expenses of the ap- praisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties in the Event of Accident, Claim, Suit or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident" or "loss". In- clude: (1) How, when and where the "ac- cident" or "loss" occurred,- A. ccurred; (2) The "insured's" name and ad- dress; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. b. Additionally, you and any other in- volved "insured" must_ (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, no- tice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent infor- mation. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasona- bly require. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 8 of 14 c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a re- cord of your expenses for con- sideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or dispo- sition. (4) Agree to examinations under oath at our request and give us a signed statement of your an- swers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this pol- icy to bring us into an action to de- termine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our expense. We will pay for any dam- age that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. erage Form has rights to recover dam- ages from another, those rights are transferred to us. That person or organi- zation must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, inten- tionally conceal or misrepresent a mate- rial fact concerning: a. This Coverage Form, b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form_ 3. Liberalization If within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorsements of this Coverage Part for which there is currently no sepa- rate premium charge, and that change provides more coverage than this Cover- age Part, the change will automatically apply to this Coverage Part as of the lat- ter of: a. The date we implemented the change in your state, or b. The date this Coverage Part became effective; and will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the in- terim. If we pay for the "loss", our payment will 4. No Benefit to Bailee - Physical Damage include the applicable sales tax for the Coverages damaged or stolen property. We will not recognize any assignment or 5. Transfer of Rights of Recovery Against grant any coverage for the benefit of any Others to Us person or organization holding, storing or transporting property for a fee regardless If any person or organization to or for of any other provision of this Coverage whom we make payment under this Cov- Form. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 9 of 14 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary in- surance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Cover- age this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". b. If this policy is issued for more than one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the Policy Period shown in the Declarations: and b. Within the coverage territory_ The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: c. Regardless of the provisions of (1) A covered "auto" of the private Paragraph a, above, this Coverage passenger type is leased, hired, Form's Liability Coverage is primary rented or borrowed without a for any liability assumed under an driver for a period of 30 days or "insured contract". less; and d. When this Coverage Form and any (2) The "insured's" responsibility to other Coverage Form or policy cov- pay damages is determined in a ers on the same basis, either excess "suit" on the merits, in the United or primary, we will pay only our States of America, the territories share. Our share is the proportion and possessions of the United that the Limit of Insurance of our States of America, Puerto Rico, Coverage Form bears to the total of or Canada or in a settlement we the limits of all the Coverage Forms agree to. and policies covering on the same basis. We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being 6. Premium Audit transported between any of these places. a. The estimated premium for this Cov- 8. Two or More Coverage Forms or Poli- erage Form is based on the expo- cies Issued by Us sures you told us you would have when this policy began. We will If this Coverage Form and any other compute the final premium due when Coverage Form or policy issued to you by we determine your actual exposures. us or any company affiliated with us apply The estimated total premium will be to the same "accident", the aggregate credited against the final premium maximum Limit of Insurance under all the due and the first Named Insured will Coverage Forms or policies shall not ex - be billed for the balance, if any. The ceed the highest applicable Limit of In - due date for the final premium or ret- surance under any one Coverage Form rospective premium is the date or policy. This condition does not apply to shown as the due date on the bill. If any Coverage Form or policy issued by the estimated total premium exceeds us or an affiliated company specifically to the final premium due, the first apply as excess insurance over this Cov- Named Insured will get a refund. erage Form. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 10 of 14 SECTION V - DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage". B. "Auto" means: 1. A land motor vehicle, "trailer' or semi- trailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga- raged. However, "auto" does not include "mobile equipment". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that the "in- sured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants", or 2. Any claim or "suit' by or on behalf of a governmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way re- sponding to, or assessing the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release, escape or emission of "pollutants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for move- ment into, onto or from the cov- ered "auto"; (2) Otherwise in the course of tran- sit by or on behalf of the "in- sured", (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; or where they are accepted by the "in- sured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are con- tained are moved from the covered "auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured". Paragraph a. above does not apply to fu- els, lubricants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. or 6.c. of the definition of "mobile equipment". Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a cov- ered "auto"; and (2) The discharge, dispersal, seep- age, migration, release, escape or emission of the "pollutants" is caused directly by such upset, overturn or damage. E. "Diminution in value" means the actual or per- ceived loss in market value or resale value which results from a direct and accidental "loss". F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker'. b. Before the "pollutants" or any prop- G. "Insured" means any person or organization erty in which the "pollutants" are qualifying as an insured in the Who is an In - contained are moved from the place sured provision of the applicable coverage. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 11 of 14 Except with respect to the Limit of Insurance, c. That holds a person or organization the coverage afforded applies separately to engaged in the business of trans - each insured who is seeking coverage or porting property by "auto" for hire against whom a claim or "suit" is brought. harmless for your use of a covered "auto" over a route or territory that H. "Insured contract person or organization is authorized 1. Means: to serve by public authority. a. A lease of premises; 1. "Leased worker" means a person leased to you by a labor leasing firm under an agree - b. A sidetrack agreement; ment between you and the labor leasing firm, to perform duties related to the conduct of c. An easement or license agreement, your business. "Leased worker" includes su- except in connection with construc- pervisors furnished to you by the labor leasing tion or demolition operations on or firm. "Leased worker" does not include a within 50 feet of a railroad; "temporary worker". d. An obligation, as required by ordi- J. "Loss" means direct and accidental loss or nance, to indemnify a municipality, damage. except in connection with work for a municipality; K. "Mobile equipment" means any of the follow- e. That part of any other contract or ing types of land vehicles, including any at- tached machinery or equipment: agreement pertaining to your busi- ness (including an indemnification of 1. Bulldozers, farm machinery, forklifts and a municipality in connection with other vehicles designed for use princi- work performed for a municipality) pally off public roads; under which you assume the tort li- ability of another to pay for "bodily 2. Vehicles maintained for use solely on or injury" or "property damage" to a next to premises you own or rent; third party or organization. Tort liabil- 3. Vehicles that travel on crawler treads; ity means a liability that would be im- posed by law in the absence of any 4. Vehicles, whether self-propelled or not, contract or agreement; maintained primarily to provide mobility to permanently mounted: f. That part of any other contract or agreement entered into, as part of a. Power cranes, shovels, loaders, dig - your business, pertaining to the gers or drills; or rental or lease, by you or any of your "employees", of any "auto". How- b. Road construction or resurfacing ever, such contract or agreement equipment such as graders, scrap - shall not be considered an "insured ers or rollers. contract" to the extent that it obli- 5. Vehicles not described in Paragraphs 1., gates you or any of your "employ- 2,, 3., or 4. above that are not self- ees" to pay for "property damage" to propelled and are maintained primarily to any "auto" rented or leased by you provide mobility to permanently attached or any of your "employees". equipment of the following types: 2. Does not include that part of any contract a. Air compressors, pumps and gen- or agreement: erators, including spraying, welding, a. That indemnifies a railroad for "bodily building cleaning, geophysical explo- injury" or "property damage" arising ration, lighting and well servicing out of construction or demolition op- equipment; or erations, within 50 feet of any rail- b. Cherry pickers and similar devices road property and affecting any rail- used to raise or lower workers. road bridge or trestle, tracks, road beds, tunnel, underpass or crossing; 6. Vehicles not described in Paragraphs 1., or 2., 3., or 4. above maintained primarily for b. That pertains to the loan, lease or purposes other than the transportation of persons or cargo. However, self - rental of an "auto" to you or any of propelled vehicles with the following your "employees", if the "auto" is types of permanently attached equipment loaned, leased or rented with a are not "mobile equipment" but will be driver; or considered "autos": a. Equipment designed primarily for: Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 12 of 14 (1) Snow removal, (2) Road maintenance, but not con- struction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and gen- erators, including spraying, welding, building cleaning, geophysical explo- ration, lighting or well servicing equipment. However, "mobile equipment' does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. Land vehicles subject to a compulsory or financial responsi- bility law or other motor vehicle insurance law are considered "autos". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and their by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. "Pollutants" include but are not limited to substances which are generally rec- ognized in industry or government to be harmful or toxic to persons, property or the environment regardless of whether injury or damage is caused directly or indirectly by the "pollutants" and whether: 1. The "insured" is regularly or otherwise engaged in activities which taint or de- grade the environment; or 2. The "insured" uses, generates or pro- duces the "pollutant". M. "Property damage" means damage to or loss of use of tangible property_ N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolu- tion proceeding in which such dam- ages or "covered pollution costs or expenses" are claimed and to which the insured submits with our con- sent. 0. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. P. "Trailer" includes semitrailer. Q. "Workplace" means that place and during such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or any other person or entity acting on your be- half, to work on the date of the "accident". NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an "insured" under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an "insured" under any such policy but for its ter- mination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued would be, entitled to in- demnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard - Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 13 of 14 ous properties" of "nuclear facility" by any used or exposed to radiation in a "nuclear re - person or organization. actor"; C. Under any Liability Coverage, to "bodily "Waste" means any waste material (a) con - injury" or "property damage" resulting taining "byproduct material" other than the from the "hazardous properties" of "nu- tailings or wastes produced by the extraction clear material", if: or concentration of uranium or thorium from (1) The "nuclear material" (a) is at any any ore processed primarily for its "source material" content, and (b) resulting from the "nuclear facility" owned by, or oper- operation by any person or organization of ated by or on behalf of, an "insured" any "nuclear facility" included under the first or (b) has been discharged or dis- two paragraphs of the definition of "nuclear persed therefrom; facility". (2) The "nuclear material" is contained in "Nuclear facility" means: "spent fuel" or "waste" at any time possessed, handled, used, proc- (a) Any "nuclear reactor"; essed, stored, transported or dis- posed of by or on behalf of an "in- (b) Any equipment or device designed or sured"; or used for (1) separating the isotopes of uranium or plutonium, (2) processing or (3) The "bodily injury" or "property dam- utilizing "spent fuel", or (3) handling, age" arises out of the furnishing by processing or packaging "waste"; an "insured" of services, materials, parts or equipment in connection (c) Any equipment or device used for the with the planning, construction, processing, fabricating or alloying of maintenance, operation or use of "special nuclear material" if at any time any "nuclear facility", but if such fa- the total amount of such material in the cility is located within the United custody of the "insured" at the premises States of America, its territories or where such equipment or device is lo - possessions or Canada, this Exclu- cated consists of or contains more than sion (3) applies only to "property 25 grams of plutonium or uranium 233 or damage" to such "nuclear facility" any combination thereof, or more than and any property thereat. 250 grams of uranium 235; 2. As used in this endorsement: "Hazardous properties" include radioactive, toxic or explosive properties; "Nuclear material" means "source material", "special nuclear material" or "byproduct mate- rial"; "Source material", "special nuclear material", and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been (d) Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste": and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations: "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material, "Property damage" includes all forms of radioac- tive contamination of property. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc., with its permission. Page 14 of 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC ADDITIONAL INSURED - WHEN REQUIRED IN CONTRACT OR AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. SECTION II - WHO IS AN INSURED, 2. is amended to include: e. Any person or organization, hereinafter referred to as ADDITIONAL INSURED: (1) Who or which is not specifically named as an additional insured un- der any other provision of, or en- dorsement added to, this Coverage Part, and (2) For whom you are required to add as an additional insured on this Cover- age Part under: (1) A written contract or agreement, or (2) An oral agreement or contract where a certificate of insurance showing that person or organization as an additional insured has been issued; but only with respect to liability arising out of "your work" performed for that addi- tional insured by you or on your behalf. A person or organization's status as an in- sured under this endorsement continues for only the period of time required by the written contract or agreement, but in no event beyond the expiration date of this Coverage Part. If there is no written con- tract or agreement, or if no period of time is required by the written contract or agreement, a person or organization's status as an insured under this endorse- ment ends when your operations for that insured are completed. 2. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to in- clude: 1. Automatic Additional Insured Provision The written or oral contract or agreement must be currently in effect or become ef- fective during the term of this Coverage Part. The contract or agreement also must be executed prior to the "bodily in- jury", "property damage" or "personal and advertising injury" to which this endorse- ment pertains_ 2. Conformance to Specific Written Con- tract or Agreement If a written contract or agreement be- tween you and the additional insured specifies that coverage for the additional insured: a. Be provided by the Insurance Serv- ices Office additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed op- erations; or c. Include coverage for "your work" and where the limits or coverage pro- vided to the additional insured is more re- strictive than was specifically required in that written contract or agreement, the terms of Paragraphs 3., 4.a.(2) and / or 4.b., or any combination thereof, of this endorsement shall be interpreted as pro- viding the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorsement is attached. If, how- ever, the written contract or agreement specifies the Insurance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 3. and 4.a.(2) of this en- dorsement shall not apply and Paragraph 4.b. of this endorsement shall apply. 3. SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Cov- erage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits applicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of insurance are in- clusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance GA 472 10 01 Services Office, Inc., with its permission. Page 1 of 2 4. The following are added to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and SECTION I - COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions: The insurance provided to the additional in- sured does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the: (1) Rendering of, or failure to render, any professional architectural, engi- neering or surveying services, in- cluding: (a) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (b) Supervisory, inspection, archi- tectural or engineering activities, (2) Sole negligence or willful misconduct of, or for defects in design furnished by, the additional insured or its "em- ployees". b. "Bodily injury" or "property damage" aris- ing out of "your work" included in the "products -completed operations hazard". c. "Bodily injury" or "property damage" aris- ing out of "your work" for which a consoli- dated (wrap-up) insurance program has been provided by the prime contractor / project manager or owner of the con- struction project in which you are in- volved. S. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance is amended to include: a. Where required by a written contract or agreement, this insurance is primary and / or noncontributory as respects any other insurance policy issued to the additional insured, and such other insurance policy shall be excess and / or noncontributing, whichever applies, with this insurance. b. Any insurance provided by this endorse- ment shall be primary to other insurance available to the additional insured except: (1) As otherwise provided in SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 5. Other Insurance, b. Excess Insurance; or (2) For any other valid and collectible in- surance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is writ- ten on an excess basis. In such case, the coverage provided under this endorsement shall also be ex- cess. Includes copyrighted material of Insurance GA 472 10 01 Services Office, Inc., with its permission. Page 2 of 2 EXHIBIT G TITLE VI ASSURANCES During the performance of this contract, the Artist/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "Artist') agrees as follows: 1. Compliance with Regulations The Artist 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 Artist, 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 -Artists, including procurement of materials and leases of equipment. The Artist shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 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 Artist for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -Artist or supplier shall be notified by the Artist of the Artist'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 Artist 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 Artist is in the exclusive possession of another who fails or refuses to furnish this information, the Artist 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 Artist's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the Artist under the contract until the Artist complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 22 PWC ver 2-17 6. Incorporation of Provisions The Artist 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 Artist shall take such action with respect to any sub -Artist 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 Artist becomes involved in, or is threatened with, litigation with a sub -Artist or supplier as a result of such direction, the Artist may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the Artist may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 23 PWC ver 2-17 APPENDIX A PREVAILING WAGE RATES City of Federal Way "Hylebos Harmonics" Public Art Project for the PAEC Page 24 PWC ver 2-17 Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Overtime Codes Continued O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. 2 Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Overtime Codes Continued ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Overtime Codes Continued D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. In the event the job is down due to weather conditions during a five day work week (Monday through Friday,) or a four day -ten hour work week (Tuesday through Friday,) then Saturday may be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve (12) hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1 - 1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. 4 Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Overtime Codes Continued 4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four-day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double 'the hourly rate of wage. The Monday or Friday not utilized in the normal four-day, ten hour work week, and Saturday shall be paid at one and one half (I %z) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. Holiday Codes 5. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and 5 Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). Holiday Codes Continued Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One -Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half -Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating 6 Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). Holiday Codes Continued 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 1. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Holiday Codes Continued K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day atter or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 Note Codes 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' -$2.00 per Foot for Each Foot Over 50 Feet Over 100' To 150'-$3.00 per Foot for Each Foot Over 100 Feet Over 150' To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet Note Codes Continued 8. C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' -$1.50 per Foot for Each Foot Over 100 Feet Over 150' To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200' -Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. Benefit Code Key — Effective 3/3/2017 thru 8/30/2017 T. Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do "pioneer" work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. 10 3/31/2017 about:blank State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date- 3/31/2017 Countv ' Trade i_C_0 King Asbestos Abatement Workers King Boilermakers King Brick Mason King Brick Mason _._. King ?Building Service Employees King Building Service Employees King ;Buildine Service Employees King Building Service Employees King ;Cabinet Makers (in Shop)) King Carpenters King Carpenters King Carpenters King Carpenters King Carpenters King �Carpenters- King m__ King Carpenters King !Carpenters King ~Cement Masons King —0vv-ers Et Tenders King QiversEt Tenders King Divers Et Tenders King Divers Et Tenders King Divers Et Tenders Job Classification j Wage King Dredge Workers King Dredge Workers King Dred;e Workers King Dredge Workers King Dredge Workers King Dredge Workers Job Classification j Wage Holiday Overtime Note Journey Level I $45.25 5D 1 H Journey Level^ -$64.54 5N 1 C Journey Level $54.32 5A 1M Pointer -Caulker -Cleaner $54.32 5A 1M Janitor $22.84 5S 2F Traveling Waxer/Shampooer v $23.29 5S 2F Window Cleaner (Non -Scaffold) $24.54 5S 2F Window Cleaner (Scaffold) $27.33 5S 2F Journey Level $22.74 1 Acoustical Worker -------$55.51 5D 4C Bridge, Dock And Wharf $55.51 5D 4C Carpenters I Carpenter $55.51 5D 4C Carpenters on Stationary Tools $55.64 5D 4C Creosoted Material f $55.61 5D 4C j Floor Finisher $55.51 5D 4C Floor Layer $55.51 5D 4C Scaffold Erector $55.51 5D 4C Journey Level $55.56 7A 1M Diver $108.77 5D 4C $A Diver On Standby $66.05 5D 1 4C Diver Tender $59.88 5D -I 4C Surface Rcv Et Rov Operator $59.88 5D 4C Surface Rcv Et Rov Operator $55.76 5A 4C Tender Assistant Engineer $56.44 5D 3F Assistant Mate (Deckhand) $56.00 5D 3F Boatmen $56.44 5D 3F Engineer Welder $57.51 5D 3F Leverman, Hydraulic $58.67 5D 3F Mates $56.44 5D 3F about:blank 1/16 3/31/2017 King Dredge Workers King Drywall Applicator King Drywall Tapers King Electrical Fixture Maintenance Workers King !,Electricians - Inside King Electricians - Inside King ,Electricians Inside King Electricians - Inside King Electricians - Inside King Electricians - Inside King Electricians - Inside King Electricians - Motor Shoo King Electricians - Motor Shoo King Electricians - Powertine Construction King _ Electricians - Powertine Construction King Electricians - Powertine Construction King Electricians - Powertine Construction King Electricians - Powertine Construction King Electricians - Powertine Construction King Electricians - Powerline Construction King Electricians - Powerline Construction King Electronic Technicians King Elevator Constructors King Elevator Constructors King Fabricated Precast Concrete Products King Fence Erectors King Fla ers King Glaziers King Heat EtFrostInsulators And Asbestos Workers King Heating_Equipment Mechanics King 'Hod Carriers Et Mason Tenders 1-- _ KingIndustrial Power Vacuum Cleaner King Inland Boatmen King !Inland Boatmen King !Inland Boatmen King Inland Boatmen King T+Inland Boatmen King Inland Boatmen about:blank Oiler $56.00 Journey Level $55.51 Journey Level $55.66 Journey Level $27.99 Cable Splicer $73.20 Cable Splicer (tunnel) $78.59 Certified. Welder $70.75 Certified Welder (tunnel) ! $75.89 Construction Stock Person _ $38.69 Journey Level $68.30 Journey Level (tunnel) $73.20 Craftsman $15.37 Journey Level $14.69 Cable Splicer $71.85 5D 3F 5D 1H 5P 1E 5L 1E 7C 4E 7C 4E 7C 4E 7C 4E 7C ( 4E 7C 4E 7C -_ _4E _ 1 1 5A 4D Certified Line Welder $65.71 5A Groundperson $44.12 5A Heavy Line Equipment Operator $65.71 5A Journey Level Lineperson $65.71 5A Line Equipment Operator $55.34 5A Pole Sprayer $65.71 5A Powderperson I $49.16 5A Journey Level $31.00 Mechanic $85.45 7D Mechanic In Charge $92.35 7D All Classifications - In -Factory $17.20 Work Only Fence Erector $15.18 Journey Level $38.36 7A Journey Level $59.31 7L Journeyman $65.68 5„! Journey Level - $75.46 7F Journey Level $46.66 7A Journey Level $11.00 Boat Operator $59.86 5B Cook $56.18 5B Deckhand $56.18 5B Deckhand Engineer $57.26 5B Launch Operator $58.59 5B Mate $58.59 5B 4D 4D 4D 4D 4D 4D 4D 1 4A 4A 1R 1 31 1y 4H abouttl ank 2/16 3/31/2017 Screed about:blank King Inspection/Cleaning/Seating Of Cleaner Operator, Foamer Airtrac Drill Operator Sewer ft Water Systems By Remote Operator King Control Ballast Regular Machine $45.25 King Inspection/Cleaning/Sealing Of Grout Truck Operator Batch Weighman Sewer Et Water Systems By Remote 31 King Control Brick Pavers $45.25 King Inspection/Cleaning/Sealing Of Head Operator Brush Cutter Sewer Et Water Systems By Remote 31 King Control Brush Hog Feeder $45.25 King Inspection/Cleaning/Sealing, Of Technician Burner Sewer Et Water Systems By Remote 31 King Control Caisson Worker $46.66 King Inspection/Cleaning /Seating _Of Tv Truck Operator Carpenter Tender Sewer Et Water Systems By Remote 31 King Control Caulker $45.25 King King King $31.49 $11.48 $24.91 $19.33 $20.45 i Insulation Applicators Journey Level $55.51 5D Ironworkers Journeyman $65.48 7N Laborers Air, Gas Or Electric Vibrating $45.25 7A 1 4C 10 31 about:blank 3/16 Screed King Laborers Airtrac Drill Operator $46.66 7A 31 King Laborers Ballast Regular Machine $45.25 7A 31 King Laborers Batch Weighman $38.36 7A 31 King Laborers Brick Pavers $45.25 7A 31 King Laborers Brush Cutter $45.25 7A 31 King Laborers Brush Hog Feeder $45.25 7A 31 King Laborers Burner $45.25 7A 31 King Laborers Caisson Worker $46.66 7A 31 King Laborers Carpenter Tender $45.25 7A 31 King Laborers Caulker $45.25 7A 31 King Laborers Cement Dumper -paving $46.09 7A 31 King Laborers Cement Finisher Tender $45.25 7A 31 King Laborers Change House Or Dry Shack $45.25 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $45.25 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $46.09 7A 31 King Laborers Choker Setter $45.25 7A 31 King Laborers Chuck Tender $45.25 7A 31 King Laborers Clary Power Spreader $46.09 7A 31 King Laborers Clean-up Laborer $45.25; 7A 31 King Laborers Concrete Dumper/chute Operator $46.09 7A 31 King Laborers Concrete Form Stripper $45.25 7A 31 King Laborers Concrete Placement Crew $46.09 7A 31 King Laborers Concrete Saw Operator/core $46.09 7A 31 Driller King Laborers Crusher Feeder $38.36 7A 31 King Laborers _ Curing Laborer $45.25 7A 31 King Laborers Demolition: Wrecking Et Moving $45.25 7A 31 (incl. Charred Material) King Laborers Ditch Digger $45.25 7A 31 King Laborers Diver $46.66 7A 31 about:blank 3/16 3/31/2017 7A about: bl ank King Laborers Drill Operator $45.25 7A (hydraulic, diamond) King -Laborers Dry Stack Walls King iLaborers Dump Person King Laborers Epoxy Technician King Laborers Erosion Control Worker King Laborers Faller Et Bucker Chain Saw King Laborers Fine Graders King Laborers Firewatch King ;Laborers Form Setter King liLaborers Gabian Basket Builders King ;Laborers General Laborer King - Laborers Grade Checker Et Transit Person King ~Laborers Grinders King Laborers Grout Machine Tender $46.09 7A 31 King Laborers Groutmen (pressure)including Post $46.66 7A Tension Beams King .Laborers Guardrail Erector King Laborers Hazardous Waste Worker (level A) King Laborers Hazardous Waste Worker (level B) King Laborers Hazardous Waste Worker (level C) $45.25 7A 31 King Laborers High Scaler $46.09 7A 31 King Laborers Jackhammer King 'Laborers Laserbeam Operator King Laborers Maintenance Person King Laborers Manhole Builder-mudman King Laborers Material Yard Person King Laborers Motorman -dinky Locomotive King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla King ;Laborers Pavement Breaker King lab orers Pilot Car King Laborers Pipe Layer Lead King Laborers Pipe Layer/tailor King Laborers Pipe Pot Tender King Laborers Pipe Reliner King Laborers Pipe Wrapper King Laborers �:Laborers Pot Tender King Powderman King Laborers Powderman's Helper King Laborers Power Jacks King Laborers Railroad Spike Puller - Power King Laborers Raker - Asphalt King Laborers Re-timberman $46.09 7A 31 $45.25 7A 31 $45.25 7A 31 $45.25 7A 31 $45.25 7A 31 $46.09 7A 31 $45.25 7A 31 $38.36 7A 31 $45.25 7A 31 $45.25 7A 31 $45.25 7A 31 $46.66 7A 31 $45.25 7A 31 $45.25 7A 31 $46.09 7A 31 $45.25 7A 31 $46.66 7A 31 $46.09 7A 31 $45.25 7A 31 $46.66 7A 31 $46.09 7A 31 $46.09 7A 31 $45.25 7A 31 $46.09 7A 31 $45.25 7A 31 $46.09 7A 31 $46.09 7A 31 i $46.09 7A $38.36 7A $46.66 7A $46.09 7A $46.09 7A $46.09 7A $46.09 7A $45.25 7A $46.66 7A $45.25 7A $46.09 7A $46.09 7A $46.66 7A $46.66 7A about:blank 4116 3/31/2017 aboul:blank King Laborers Remote Equipment Operator $46.09 7A 31 King Laborers Rigger/signal Person $46.09 7A 31 King Laborers Rip Rap Person $45.25 7A 31 King Laborers Rivet Buster $46.09 7A 31 King Laborers Rodder $46.09 7A 31 King 'Laborers Scaffold Erector $45.25 7A 31 King Laborers Scale Person $45.25 7A 31 King Laborers Sloper (over 20") $46.09 7A �7A 31 King Laborers Sloper Sprayer $45.25 31 King Laborers Spreader (concrete) $46.09 7A 31 King Laborers Stake Hopper $45.25 7A 31 King Laborers Stock Piler $45.25 7A 3-1 King Laborers Tamper Et Similar Electric, Air E: $46.09 7A 3-1 -` Gas Operated Tools King Laborers Tamper (multiple Et Self- $46.09 7A 3-1 King �- Laborers propelled) Timber Person $46.09 7A 31 Sewer (tagger, Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $45.25 7A 31 King ----._ Laborers -------- Topper $45.25 - 7A 31 King _Laborers Track Laborer $45.25 7A 31 King Laborers Track Liner (power) $46.09 7A 31 King Laborers Traffic Control Laborer $41.02 31 8R King I Laborers Traffic Control Supervisor $41.02 �7A 7A 31 8R King Laborers Truck Spotter $45.25 7A 31 King Laborers Tugger Operator $46.09 7A 31 King Laborers Tunnel Work -Compressed Air $83.12 7A 31 Worker 0-30 psi King Laborers Tunnel Work -Compressed Air $88.15 7A 31 88 Worker 30.01-44.00 psi King Laborers Tunnel Work -Compressed Air $91.83 7A 31 Worker 44.01-54.00 psi King 'Laborers Tunnel Work -Compressed Air $97.53 7A 31 8�C Worker 54.01-60.00 psi King Laborers Tunnel Work -Compressed Air $99.65 7A 31 8�( Worker 60.01-64.00 psi King Laborers Tunnel Work -Compressed Air $104.75 7A 31 8� Worker 64.01-68.00 psi King Laborers Tunnel Work -Compressed Air $106.65 7A 31 84 Worker 68.01-70.00 psi King Laborers Tunnel Work -Compressed Air $108.65 7A 31 8� Worker 70.01-72.00 psi King Laborers Tunnel Work -Compressed Air $110.65 7A 31 Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $46.76 7A 31 84 Tender King Laborers Tunnel Work-Miner $46.76 7A 31 8�C King Laborers Vibrator $46.09 7A 31 King Laborers Vinyl Seamer $45.25 7A 31 about:blank 5/16 3/31/2017 aboMblank King Laborers Watchman $34.86 7A 31 King Laborers Welder -- $46.09 7A 31 King Laborers Well Point Laborer $46.09 7A 31 King Laborers Window Washer/cleaner 1 $34.86 7A 31 King Laborers Underground Sewer Et General Laborer Et Topman ( $45.25 7A 3-1 Water r King ;Laborers - Underground Sewer Et Pipe Layer $46.09 7A Water i King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers --- King Landscape Construction Landscape Equipment Operators $28.17 1 Or Truck Drivers King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $55.51 5D 1 H King ;Marble Setters Journey Level $54.32 5A 1M King 'Me at Fl abrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $11.00 1 King Metal Fabrication (In Shop) Machine Operator $13.04 1 King Metal Fabrication (In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Mitlwrieht Journey Level $57.01 5D 4C King Modular Buildings Cabinet Assembly ! $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modutar Buildings Production Worker $11.00 1 King ;Modular Buildings Tool Maintenance _ $11.56 1 King 'Modular Buildines Utility Person $11.56 1 King !Modular Buildines Welder $11.56 1 King Painters Journey Level $40.60 6Z 213 I King Pile Driver Journey Level $55.76 5D 4C King Plasterers Journey Level 3 $53.20 JR King Playground Et Park Equipment ;Journey Level $11.00 1 Installers ' King Plumbers Et Pipefitters Journey Level $76.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $58.69 7A 3C 8P King Power Equipment Operators Assistant Engineer _ $55.21 7A _ 3C 8P King Power Equipment Operators Barrier Machine (zipper) i $58.17 7A 3C - 8P King Power Equipment Operators Batch Plant Operator, Concrete 1 $58.17 7A 3C 8P King King Power Equipment Operators Power Equipment Operators Bobcat Brokk - Remote Demolition $55.21 $55.21 7A 7A 3C 8P 2P Equipment King Power Equipment Operators Brooms $55.21 7A 3C 8P King Power Equipment Operators Bump Cutter $58.17 7A 3C 8P King Power Equipment Operators Cableways $58.69 7A 3C 8P King Power Equipment Operators Chipper $58.17 7A 3C 8P King Power Equipment Operators Compressor $55.21 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With $58.69 7A 3C 8P abouttl ank 6/16 3131/2017 abouttl ank Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $55.21 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $57.72 7A 3C 8P Trailer High Pressure Line Pump, I Pump High Pressure. King 'Power Equipment Operators Concrete Pump: Truck Mount With $58.17 7A $P Boom Attachment Up To 42m King Power Equipment Operators Conveyors $57.72 7A 3C $P King 'Power Equipment Operators Cranes Friction: 200 tons and over $60.47 7A 3C —I - _-- _ - r__ __ __- — King #Power Equipment Operators Cranes: 20 Tons Through 44 Tons $58.17T 7A 3C R With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $59.28 7A 3C Tons, Or 150' Of Boom (Including Jib With Attachments) King ;Power Equipment Operators Cranes: 200 tons- 299 tons, or 1 $59.88 7A 3C �P 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or 300' $60.47 7A $P iof boom including jib with attachments King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, ! $58.69 7A 8P Under 150' Of Boom (including Jib I With Attachments) King Power Equipment Operators Cranes: A -frame - 10 Tons And $55.21 7A 3C 8P Under King :Power Equipment Operators Cranes: Friction cranes through T $59.88 7A 8P 199 tons King -Power Equipment Operators Cranes: Through 19 Tons With $57.72 7A 3 8P Attachments A -frame Over 10 Tons King Power Equipment Operators Crusher $58.17 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $58.17 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work i $58.69 7A 3C 8P King _Power Equipment Operators Dozers D 9 Et Under $57.72 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or $57.72. 7A Crane Mount King Power Equipment Operators Drilling Machine $59.28' 7A 3C King Power Equipment Operators Elevator And Man -lift: Permanent $55.21 7A 2 $P And Shaft Type King 'Power Equipment Operators Finishing Machine, Bidwell And $58.17 7A 3C 8P Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over With $57.72 7A 8P Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. With $55.21 7A 3C $P Attachments King Power Equipment Operators Grade Engineer: Using Blue Prints, $58.17' 7A 3C BE Cut Sheets, Etc King !Power Equipment Operators Gradechecker/stakeman $55.21 7A 3C 8P King Power Equipment Operators Guardrail Punch $58.17 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating $58.69 7A 3C 8P abouttl ank 7/16 3/31/2017 abm t:blank Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump Articulating $58.17 7A 3C 8P Off-road Equipment Under 45 I ) Yards King Power Equipment Operators Horizontal/ directional Drill $57.72 7A 3C 8P Locator King Power Equipment Operators Horizontal/ directional Drill $58.17 7A 3C 8P Operator King Power Equipment Operators 'Hydralifts/boom Trucks Over 10 $57.72 7A 3C Tons King Power Equipment Operators Hydralifts/boom Trucks, 10 Tons $55.21 7A 3C 8P And Under King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $59.28 7A 3C 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But $58.69 ZA 3C 8P Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 Yards $58.17 7A 3C 8P King Power Equipment Operators Loaders, Plant Feed $58.17 7A 3C 8P King ;Power Equipment Operators Loaders: Elevating Type Belt $57.72 7A 3—C 8P King `Power Equipment Operators Locomotives, All $58.17 7A 3C 8P King Power Eauipment Operators Material Transfer Device $58.17 7AC 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 $59.28 7A 3C 8P Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Graders $58.69 7A 8P King Power -Equipment Operators Mucking Machine, Mole, Tunnel $58.69 7A 8P 1Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $55.21 7A _ 3C 8P Distribution Et Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $57.72 7A 3C 8P Manlifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type Crane: 20 $58.17 7A 3C 813 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 Tons $59.28 7A 3C 8P And Over King Power Equipment Operators Overhead, Bridge Type: 45 Tons $58.69 7A 3C 8P Through 99 Tons King Power Equipment Operators Pavement Breaker $55.21 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $58.17 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $57.72 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $55.21 7A 3C 8P King Power Equipment Operators Power Plant $55.21 7A 3C 8P King Power Equipment Operators Pumps - Water $55.21 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $58.69 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under 100 $55.21 7A 3C 8P Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $58.69 7A 3C 8P Rubber Tired Earth Moving Equipment aba t:blank 8/16 3/31/2017 Power Equipment King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Operators King Power Equipment Power Equipment Operators Operators Power Equipment Operators King King Power Equipment King Power Equipment Operators King Power Equipment Roller, Other Than Plant Mix $55.21 Operators King Power Equipment $57.72 7A Operators $57.72 7A Tractors Under 15 Metric Tons. King ;Power Equipment Shovel, Excavator, Backhoe: Over Operators 7A King King King King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators Operators Power Equipment Operators King Power Equipment Operators Operators Power Equipment Operators King Power Equipment Operators- Operators King Power Equipment 7A Operators Roller, Other Than Plant Mix $55.21 King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators- Scrapers, Self-propelled: 45 Yards Underaround Sewer & Water about:blank $58.17 7A Saws - Concrete Rigger And Bellman $55.21 7A 3C Rigger/Signal Person, Bellman $57.72 7A 3C (Certified) $57.72 7A Scrapers, Self-propelled: 45 Yards Rollagon $58.69 7A 3C Roller, Other Than Plant Mix $55.21 7A 3C Roller, Plant Mix Or Multi -lift $57.72 7A 3C Materials Roto -mill, Roto -grinder $58.17 7A Saws - Concrete $57.72 7A Scraper, Self Propelled Under 45 $58.17 7A Yards Scrapers - Concrete Et Carry All $57.72 7A Scrapers, Self-propelled: 45 Yards $58.69 7A And Over Service Engineers - Equipment $57.72 7A Shotc rete/ g unite Equipment $55.21 7A Shovel , Excavator, Backhoe, $57.72 7A Tractors Under 15 Metric Tons. _ Shovel, Excavator, Backhoe: Over $58.69 7A 30 Metric Tons To 50 Metric Tons Shovel, Excavator, Backhoes, $58.17 7A Tractors: 15 To 30 Metric Tons Shovel, Excavator, Backhoes: $59.28 7A Over 50 Metric Tons To 90 Metric Tons Shovel, Excavator, Backhoes: _ $59.88 7A Over 90 Metric Tons Slipform Pavers $58.69 7A Spreader, Topsider Et Screedman $58.69 7A Subgrader Trimmer $58.17 7A Tower Bucket Elevators $57.72 7A Tower Crane Up To 175' In Height $59.28 7A Base To Boom Tower Crane: over 175' through $59.881 7A 250' in height, base to boom Tower Cranes: over 250' in height $60.47 7A from base to boom Transporters, All Track Or Truck $58.69 7A Type Trenching Machines $57.72 7A Truck Crane Oiler/driver - 100 $58.17 7A Tons And Over Truck Crane Oiler/driver Under $57.72 7A 100 Tons Truck Mount Portable Conveyor $58.17 7A Welder $58.69 7A Wheel Tractors, Farman Type $55.21 7A Yo Yo Pay Dozer $58.17 7A Asphalt Plant Operators $58.69 7A 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 3-C �_p 3C 8P 3C 8P 8P X 3C 8P C 8P 8C 8P 8P C 8P XC I 8P X 8P 3 8P 8P C 8P 3C 8P 3C 8P 3C _ 8P 3C 8P 3C i 8P 3C 8P about:blank 9/16 3/31/2017 aboutblank King Power Equipment Operators- Assistant Engineer $55.21 7A 3C 8P Underground Sewer Et Water King Power Eq_uirment Operators- Barrier Machine (zipper) $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- IBrokk - Remote Demolition $55.21 7A 3C 8P Underground Sewer Et Water 'Equipment King Power Equipment Operators- Brooms $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $58.17 7A 3C 8P 'Underground Sewer Et Water King JPower Equipment Operators- Cableways $58.69, 7A 3C 8P Underground Sewer Et Water King 'Power Equipment Operators- Chipper $58.17 �A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $55.21 7A 3C 8P Underground Sewer Et Water ----.---i_ l—_ —A King !Power Equipment Operators- Concrete Pump: Truck Mount With $58.69 7A 3C 8P Underground Sewer Et Water Boom Attachment Over 42 M King Power Equipment Operators- Concrete Finish Machine -laser $55.21 7A 3C 8P Underground Sewer Et Water Screed King Power Equipment Operators- Concrete Pump - Mounted Or $57.72 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. King ;Power Equipment Operators- Concrete Pump: Truck Mount With $58.17 7A 3C 8P Underground Sewer Et Water Boom Attachment Up To 42m King jPower Equipment Operators- Conveyors $57.72 7A 3C 8P iUnderground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and over $60.47 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons $58.17 7A 3C 8P Underground Sewer Et Water With Attachments King jPower Equipment Operators- Cranes: 100 Tons Through 199 $59.28 7A 3C 8P Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 tons- 299 tons, or $59.88 7A 3C 8P Underground Sewer Et Water 250' of boom including jib with attachments King Power Equipment Operators- Cranes: 300 tons and over or 300' $60.47 7A 3C 8P Underground Sewer Et Water of boom including jib with attachments King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, $58.69 7A 3C 8P Underground Sewer Et Water Under 150' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: A -frame - 10 Tons And $55.21 7A 3C 8P Underground Sewer Et Water Under King Power Equipment Operators- Cranes: Friction cranes through $59.88 7A 3C 8P Underground Sewer Et Water 199 tons King Power Equipment Operators- Cranes: Through 19 Tons With $57.72 7A 3C 8P Underground Sewer Et Water Attachments A -frame Over 10 aboutblank 10/16 3/31/2017 about:blank Tons King Power Equipment Operators- Crusher $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer/deck Winches $58.17 7A 3C 8P Underground Sewer Et Water (power) II I King Power Equipment Operators- Derricks, On Building Work $58.69 7A 3C 8P Underground Sewer Et Water I King Power Equipment Operators- Dozers D-9 Et Under $57.72 7A j $P Underground Sewer Et Water King _ Power Equipment Operators- Drill Oilers: Auger Type, Truck Or $57.72 7AC $P Underground Sewer Et Water Crane Mount King Power Equipment Operators- Drilling Machine $59.28 7A $� Underground Sewer Et Water King Power Equil?ment Operators- Elevator And Man -lift: Permanent $55.21 7A X Ep Underground Sewer Et Water And Shaft Type King Power Equipment Operators- Finishing Machine, Bidwell And $58.17 7A X 8P Underground Sewer Et Water Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over With $57.72 7A 8C 8P Underground Sewer Et Water Attachments King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $55.21 7A X 'I $P Underground Sewer Et Water Attachments King Power Equipment Operators- Grade Engineer: Using Blue Prints, $58.17 7A 8P Underground Sewer Et Water Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $55.21 7A X 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $58.17 7A X 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating $58.691 Zq x $P Underground Sewer Et Water Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators- Hard Tail End Dump Articulating $58.17 7A 3C 8P Underground Sewer Et Water Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/ directional Drill $57.72 7A 3C 8P Underground Sewer Et Water Locator King Power Equipment Operators- Horizontal/directional Drill $58.17 7A ( 3C 8P Underground Sewer Et Water Operator I i King Power Equipment Operators- Hydralifts/boom Trucks Over 10 $57.72 7A 3C 8P Underground Sewer Et Water Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 Tons $55.21 7A 3C 8P Underground Sewer Et Water And Under King Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $59.28 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But $58.69 7A 3C 8P Underground Sewer Et Water Not Including 8 Yards j King Power Equipment Operators- Loaders, Overhead Under 6 Yards $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $57.72 7A 8P Underground Sewer Et Water II King Power Equipment Operators- Locomotives, All $58.17 7A $P Underground Sewer Et Water about:blank 11/16 3/31/2017 $57.72 7A King Power Equipment Operators - Material Transfer Device $58.17 Underground Sewer Et Water King Power Equipment Operators - 7A Underground Sewer Et Water King Power Equipment Operators- $57.72 Undereround Sewer Et Water King Power Equipment Operators - Per Hour Over Mechanic) Underground Sewer Et Water And Over King Power Equipment Operators- 8P UnderQround Sewer Et Water Overhead, Bridge Type: 45 Tons $58.69 Z King Power Equipment Operators- 7A Underuound Sewer Et Water King Power Equipment Operators - Drill, Boring, Road Header And/or Underground Sewer Et Water King Power Equipment Operators - 7A Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King ~Power Equipment Operators - 7A Underground Sewer Et Water King Power Equipment Operators - $55.21 Underground Sewer Et Water King Power Equipment Operators- $55.21 UnderQround Sewer Et Water King Power Equutment Operators - $55.21 Underground Sewer Et Water King Power Equipment Operators - Quad 9, Hd 41, D10 And Over Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Undereround Sewer Et Water King Power Equipment Operators - X Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators- Underaround Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators- Underuound Sewer Et Water abouttlank $57.72 7A 3C Manlifts), Air Tuggers,strato Material Transfer Device $58.17 7A 3C 8P 7A 3C Tons Through 44 Tons 3C $57.72 $P Mechanics, All (leadmen - $0.50 $59.28 7A ! - Per Hour Over Mechanic) i And Over 7A 3C 8P Motor Patrol Graders $58.69 7A Overhead, Bridge Type: 45 Tons $58.69 Z Mucking Machine, Mole, Tunnel $58.69 7A Pavement Breaker $P Drill, Boring, Road Header And/or Pile Driver (other Than Crane $58.17 7A Shield Mount Oil Distributors, Blower $55.21 7A 3C 8P Distribution Et Mulch Seeding Operator Outside Hoists (elevators And $57.72 7A 3C Manlifts), Air Tuggers,strato Overhead, Bridge Type Crane: 20 $58.17 7A 3C Tons Through 44 Tons 3C $57.72 7A Overhead, Bridge Type: 100 Tons $59.28 7A 3C And Over 7A 3C 3C Overhead, Bridge Type: 45 Tons $58.69 Z Through 99 Tons Pavement Breaker $55.21 7A Pile Driver (other Than Crane $58.17 7A Mount Plant Oiler - Asphalt, Crusher $57.72 7A Posthole Digger, Mechanical $55.21 7A Power Plant $55.21 7A Pumps - Water $55.21 Z9 K Quad 9, Hd 41, D10 And Over $58.69 7A K Quick Tower - No Cab, Under 100 $55.21 7A X Feet In Height Based To Boom I K Remote Control Operator On $58.69 7A Rubber Tired Earth Moving Equipment X Rigger And Bellman $55.21 7A Rigger/Signal Person, Bellman (Certified) Rollagon Roller, Other Than Plant Mix Roller, Plant Mix Or Multi -lift Materials Roto -mill, Roto -grinder Saws - Concrete $57.72 7A $58.69 7A $55.21 7A 3C $57.72 7A 3C $58.17 7A 3C $57.72 7A 3C 8P 8P 8P 8P 8P 8P 8P 8P L $P $P LP E -N BE BE BE AR BE LP 8P aboutblank 12116 3/31/2017 abm t:blank King Power Equipment Operators- Scraper, Self Propelled Under 45 $58.17 7A 3C 8P :Underground Sewer Et Water Yards King 'Power Equipment Operators- Scrapers - Concrete Et Carry All $57.72 7A 3C 8P ;Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 Yards $58.69 7A 3C 8P Underground Sewer Et Water And Over j King Power Equipment Operators- Service Engineers - Equipment $57.72{ 7AC $e Underground Sewer Et Water i King Power Equipment Operators- Shotcrete/gunite Equipment $55.21' 7A $Q Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, $57.72 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. I King Power Equipment Operators- Shovel, Excavator, Backhoe: Over $58.69 7A 3C $Q Underground Sewer Et Water 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator, Backhoes, $58.17 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons King `Power Equumment Operators- Shovel, Excavator, Backhoes: $59.28 7A 3C 8P #Underground Sewer Et Water !Over 50 Metric Tons To 90 Metric Tons King 113ower Equipment Operators- Shovel, Excavator, Backhoes $59.88 7A 3C 813 Underground Sewer Et Water 'Over 90 Metric Tons King Power Equipment Operators- Slipform Pavers $58.69 7A 3C 8P Underground Sewer Et Water _ King Power Equipment Operators- Spreader, Topsider Et Screedman $58.69 7A K BE :Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $58.17 7A 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $57.72 7A $e Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In Height ! $59.28 7A AE Underground Sewer Et Water Base To Boom King ,Power Equipment Operators- Tower Crane: over 175' through $59.88 7A 8P (Underground Sewer Et Water 250' in height, base to boom King !Power Equipment Operators- Tower Cranes: over 250' in height $60.47 7A 8P Underground Sewer Et Water from base to boom King Power Equipment Operators- Transporters, All Track Or Truck $58.69 7A 8P ;Underground Sewer Et Water Type King #Power Equipment Operators- Trenching Machines $57.72 7A 8P EUndereround Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $58.17 7A 8P Underground Sewer Et Water Tons And Over King Power Eq ent Operators- Truck Crane Oiler/driver Under $57.72 7A X 8P `Underground Sewer Et Water 100 Tons i King Power Equipment Operators- Truck Mount Portable Conveyor $58.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Welder $58.69 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farmall Type $55.21 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $58.17 7A 3C 8P Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $47.08 5A 4A Trimmers about:blank 13/16 3/31/2017 abm t:blank King Power Line Clearance Tree Spray Person $44.64 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $47.08 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $42.01 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $31.65 5A 4A Trimmers King jRefrigeration Et Air Conditioning Journey Level $75.36 6Z 1G (Mechanics .M- Kin g ;Residentiat Brick Mason Journey Level $54.32 ' A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $41.69 5D 4C King Residential Drywall Tapers Journey Level $55.66 5P 1E King Aesidentiat Electricians Journey Level I $30.44 1 King Residential Glaziers Journey Level $39.40 7L 1H King 'Residential Insulation Applicators Journey Level $26.28 1 King ;Residential Laborers Journey Level j $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King ,Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Pipefitters Journey Level $34.69 1 King Residential Refrigeration Et Air jJourney Level $75.36 6Z 1G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $45.99 7F 1R King Residential Soft Floor Layers Journey Level $45.86 �5A 3D King iResidential Sprinkler Fitters (Fire Journey Level $44.98 5C 29- Protecti on ) King Residential Stone Masons Journey Level $54.32 5A 1_M KingResidential Terrazzo Workers Journey Level v $50.26 5A 141 King !Residential Terrazzo/Tile Finishers Journey Level $21.46 1 King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $47.51 5A 3H King Roofers Using Irritable Bituminous $50.51 5A 3H Materials j King Sheet Metal Workers Journey Level (Field or Shop) $75.46 7F JE King Shipbuilding Et Ship Repair Boilermaker $41.72 7M 1H King Shipbuilding Et Ship Repair Carpenter $41.06 7T 2B King Shipbuilding Et Ship Repair Electrician $41.09 7T 4B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $65.68 5J 4H_ King ;Shipbuilding Et Ship Repair Laborer $41.08 7T 4B King Shipbuilding Et Ship Repair Machinist $41.32 7T 4B_ King Shipbuilding Et Ship Repair Operator $41.03 7T 4B King Shipbuilding Et Ship Repair Painter $41.05 7T 4B King Et Shi�Repair Pipefitter $41.05 7T 4B -1�S-hir&itding King Shipbuilding Et Ship Repair Rigger $41.12 7T 4B King Shipbuilding Et Ship Repair Sheet Metal $41.04 7T 4B King Shipbuilding Et Ship Repair Shipfitter $41.12 7T 4B i abm t:blank 14116 3/31/2017 King King King King King King King King King King King King King King Shipbuilding Et Ship Repair Shipbuildinp Et Ship Repair Shipbuilding Et Ship Repair Sign Makers tt Installers (Electrical) Sign Makers Et Installers (Electrical) Sign Makers Et Installers (Non Electrical) Sign ^Makers Et Installers (Non - 'Electrical) _ Soft Floor Layers Solar Controls For Windows Sprinkler Fitters (Fire Protection) Stage Rip-Ring_Mechanics (Non Structural) Stone Masons Street And Parking Lot Sweeper Workers Surveyors abouttblank Trucker $41.26 7T 4B Warehouse $41.02 7T 4B Welder/Burner $41.12 7T 4B Sign Installer $22.92 1 Sign Maker $21.36 1 Sign Installer $27.28 1 Sign Maker $33.25 I 1 Journey Level $45.86 5A 3D Journey Level $12.44 1 Journey Level $72.89 5C 1X Journey Level $13.23 1 1 Journey Level I $54.32 5A 1M Journey Level $19.09 1 Assistant Construction Site � $57.72 7A 3C Surveyor King Surveyors Chainman $57.17 7A 3C King Surveyors Construction Site Surveyor $58.69 7A 3C King Telecommunication Technicians Journey Level $22.76 Telephone Line Construction - 1 King Telephone Line Construction - Cable Splicer $38.84 5A 26 2B Outside 5A King Telephone Line Construction - Television Lineperson/Installer King (Telephone Line Construction - Hole Digger/Ground Person $21.45 'SA 2B Outside King ?Telephone Line Construction - Installer (Repairer) $37.21 5A 2B ' Outside King Telephone Line Construction - Special Aparatus Installer 1 $38.84 5A ZB Outside I King Telephone Line Construction - Special Apparatus Installer II $38.03 5A 2B 1 Outside King Telephone Line Construction - Television Technician Outside King Telephone Line Construction - Tree Trimmer Outside King Terrazzo Workers Journey Level about:blank $Q 8P 8P Outside King Telephone Line Construction - Telephone Equipment Operator 2B Outside (Heavy) King Telephone Line Construction - Telephone Equipment Operator 2B Outside (Light) King Telephone Line Construction - Telephone Lineperson 2B Outside 5A King Telephone Line Construction - Television Groundperson 2B Outside 5A King Telephone Line Construction - Television Lineperson/Installer 1 M Outside King Telephone Line Construction - Television System Technician Outside King Telephone Line Construction - Television Technician Outside King Telephone Line Construction - Tree Trimmer Outside King Terrazzo Workers Journey Level about:blank $Q 8P 8P $38.84 5A 2B $36.09 5A 2B $36.09 5A 2B $20.33 5A 2B $27.21 5A 2B $32.55 5A 2B $29.18 5A 2B $36.09 5A 2B $50.26 5A 1 M 15/16 3/31/2017 aboLftl ank King Tite Setters Journey Level $21.65 King Tite Marble Et Terrazzo Finishers Finisher $41.09 5A King Traffic Control Stripers Journey Level $44.85 7A King Truck Drivers Asphalt Mix Over 16 Yards (W. $52.70 5D WA -Joint Council 28) King Truck Drivers Asphalt Mix To 16 Yards (W. WA- $51.86 5D King _ _ �Truck _ Drivers Joint Council 28) Dump Truck Et Trailer —`~$52.70 5D King Truck Drivers Dump Truck (W. WA -Joint Council ! $51.86 5D 28) King }Truck Drivers Other Trucks (W. WA -Joint $52.70 5D Council 28) King Truck Drivers Transit Mixer $43.23 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 Installers King Wet[ Drillers Et Irrigation Pump Oiler $12.97 King Installers Well Drillers Et Irrigation Pump Well Driller $18.00 Installers 1 1B 1K 3A 3A 3A 3A 3A 1 1 1 1 LL $L $L $L about:blank 16116 AThursday, April 13 from 8:00 PM to 9:00 PM MyDOR will be offline. During that time you will not be able to file profit corporation or LLC annual reports. Thank you for your patience. RDG IA NUC URI Number 6032 9 5 3 91 Category REG Profit/Nonprofit Profit Active/Inactive AU. - State Of Incorporation IA WA Filing Date 05/022013 Ezpiration Date 05/31/2017 _. Inactive Date State Duration PerP—A Agent Name C T CORPORATION SYSTEM Address 505 UNION AVE SE STE 120 City OLYMPIA State WA ZIP 98501 Address City State WA Zlp Glrlff" Persara(asderned i1 RCW Zi%105(1AAngf1/apPk&wagoviRCW/apdeht�QtiL�Z3.95.lw) Title Name Add— Governor SANDERS, DAVISG 301 GRAND AVE DES MOINES, IA 50309 Govemor PATTON, JACK 301 GRAND AVENUE DES MOINES, IA 50309 Governor OBERLANDER, R ALLAN 301 GRAND AVE DES MOINES. IA 50309 Governor HODGIN, PHILIP 301 GRAND AVE DES MOINES, IA 50309 Governor SANDERS, DAVID 301 GRAND AVE DES MOINES, IA 50309 RETURN TO;. -,,','"L% 17A 1, A \ I. n A .A /1 EXT: CITY OF FEDERAL, WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: i 1 . BY: RE 2. ORIGINATING STAFF PERSON: EXT: S.� 3. DATE Q 4. TYPE OF DOCUMENT (CHECK ONE): 4� ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) UBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER `+ 5. PROJECT NAME: t C JIXt� JtJ� L` ��5L NAME OF CONTRACTOI ADDRESS: E-MAIL: SIGNATURE NAME: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOOF OF AU RITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: 3% pU 9. TOTAL COMPENSATION $ Q ✓ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHA GE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES KNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ,®YES ❑ NO IF YES, $33.) Z.S� PAID BY:,K CONTRACTOR Li CITY RETAINAGE: RETAINAGE AMOUNT: 5% RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED , PURCHASING: PLEASE CHARGE TO: 30 0 t5-';6 GO - 1 I () - 5- 5 t -'y 8 - 6 3t7 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL DATE APPROVED ❑ PROJECT MANAGER 0 DIRECTOR VAI ❑ RISK MANAGEMENT (IF APPLICABLE) li ❑ LAW ::ha Ci 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT 5�-97GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: INITIAL / DATE SIGNED D r 077 1 AG# DATE SENT: 03 -IA(-I CITY OF CITY HALL '�.. 33325 8th Avenue South Federal Way, WA 98003-6325 Fe d e ra 1 Way �.�./ (253) 835-7000 www cr"ffederahvay com ARTIST AGREEMENT FOR PUBLIC ART FOR PERFORMING ARTS & EVENT CENTER This Artist Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and RDG IA Inc. d/b/a RDG Dahlquist Art Studio, an Iowa State Corporation ("Artist"). The City and Artist (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: RDG IA INC. D/B/A RDG DAHLQUIST ART STUDIO: CITY OF FEDERAL WAY: David B. Dahlquist 512 Elm Street Des Moines, IA 50309 (515) 284-1675 (telephone) (515) 288-8631 (facsimile) ddahlquist@rdgusa.com The Parties agree as follows: Theresa Yvonne, Executive Director 33325 8`' Avenue South Federal Way, WA 98003-6325 (253)835-2414 (telephone) (253)835-2414 (facsimile) theresa.yvonne@cityoffederalway.com The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than September 1, 2017("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Artist. HINEVITIJ11- "I 2.1 Work. The Artist shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed 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. 2.2 Representations and warranties. The Artist represents that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Artist represents it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Artist warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Artist's representations to City. The Artist shall, at its sole cost and expense, correct all Work performed 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. The goods are subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any parts of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City, but in no case shall the warranty extend beyond two (2) years from the City's initial final acceptance of the Work. The Artist shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. ARTIST AGREEMENT - 1 - 1/2015 ` CITY OF CITY HALL �. 33325 8th Avenue South Federal Way, WA 98003-6325 Fe d e ra I Way (253) 835-7000 www dtyoffederahvay corn 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City. The Artist shall prepare and submit for City approval a schedule for the performance of the Artist's services. This schedule shall include reasonable allowances for review and approval times required by the City, performance of services by the City's consultants, and review and approval times required by public authorities having jurisdiction over the Project. This schedule shall be equitably adjusted as the Project progresses, allowing for modifications to timeline as requested by the City, or for delays or other causes beyond the Artist's reasonable control. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Artist 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 Artist 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 Artist to the City and/or the City may deduct its costs from any remaining payments due to the Artist. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Artist fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 1JJ I ;a 04►. /► 4.1 Amount. In return for the Work, the City shall pay the Artist an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Artist agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Artist 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 Agreement. 4.2 Method of Payment. On a monthly basis, the Artist shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed. The Artist shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Artist will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Artist will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Artist until the goods, materials, or services are acceptable to the City. If Artist is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Artist shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Artist. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Artist's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Artist as unsettled at the time request for final payment is made. ARTIST AGREEMENT - 2 - 1/2015 ` CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cdW federahvay corn 5. INDEMNIFICATION. 5.1 Commercial General Liability Indemnification. To the fullest extent permitted by law, the Artist shall indemnify, defend and hold the City harmless from and against liability for damages, losses, costs, claims, suits, or actions where such liability arises out of or in connection with the negligent acts, errors or omissions (other than those committed in connection with the performance of professional services as discussed in Section 5.2 below of the Artist or any individual or entity for whose negligent acts, errors or omissions the Artist is legally liable and which are the proximate cause of bodily injury or property damage. To the fullest extent permitted by law, the City shall indemnify, defend and hold the Artist harmless from and against liability for damages, losses, costs (including, to the extent allowable by law, reasonable attorney's fees and defense costs incurred in connection with the defense of third party claims) caused solely and proximately by the negligent acts, errors or omissions of the Artist and its Consultants in the performance of professional services pursuant to this agreement. 5.2 Professional Liability Indemnification. The Artist agrees, to the fullest extent permitted by law, to indemnify and hold the City harmless from and against damages, losses and costs (including, to the extent allowable by law, reasonable attorney's fees and defense costs incurred in connection with the defense of third party claims) caused solely and proximately by the negligent acts, errors or omissions of the Artist and its Consultants in the performance of professional services pursuant to this agreement. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Artist agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Artist, their agents, representatives and employees or subcontractors for the duration of the Agreement and for one year thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Artist agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; b. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2 Artist will require all subcontractors to carry insurance as outline in 6.1 6.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Artist in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Artist may be grounds for immediate termination. All records submitted by the City to the Artist will be safeguarded by the Artist. The Artist will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. The City acknowledges the Artist's construction documents, including electronic files, as the work papers of the Artist and the Artist's instruments of professional service. Nevertheless, upon completion of the services and payment in full of all monies due to the Artist, the City shall receive ownership of the final construction documents prepared under this Agreement. The City shall not reuse or make any modification to the construction documents without the prior written authorization of the Artist. Under no circumstances shall the transfer of ownership of the Artist's drawings, specifications, electronic files or other instruments of service be deemed a sale by the Artist, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Artist's ARTIST AGREEMENT - 3 - 1/2015 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay com copyrights in any of the foregoing, full ownership of which shall remain with the Artist, absent the Artist's express prior written consent. 9. BOOKS AND RECORDS. The Artist agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. 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 Agreement. The City will be taking photographs of the project during construction and once complete and using them for promotional materials. I ►1 ►1 ► 1►1 114.10100 ! U' 1 oWI U IN Leik 10.1 Independence. The Parties intend that the Artist shall be an independent contractor and that the Artist has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Artist sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. If the Artist is a sole proprietorship or if this Agreement is with an individual, the Artist agrees to notify the City and complete any required form if the Artist retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Artist's failure to do SO. 10.2 Safety. Artist and all Artists subcontractors 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); Artist and all Artists subcontractors shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site 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. Artist and all Artists subcontractors shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work and the Artist and all Artists subcontractors shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Artist's own risk, and Artist shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Artist, shall not be deemed to convert this Agreement to an employment contract. Even though Artist is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 11. CONFLICT OF INTEREST. It is recognized that Artist may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Artist's ability to perform the Services. Artist agrees to resolve any such conflicts of interest in favor of the City. Artist confirms that Artist does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Artist's selection, negotiation, drafting, signing, administration, or evaluating the Artist's performance. 12. UAI, OPPORTUNITY EMPLOYER, In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Artist or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any ARTIST AGREEMENT - 4 - 1/2015 AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, 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. Artist 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. W : lI%ky [63-m-1 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Artist nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non- assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Artist shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Artist's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. 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 above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence 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. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an ARTIST AGREEMENT - 5 - 1/2015 ` CITY OF CITY HALL A*.. Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaMoy com alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Artist represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] ARTIST AGREEMENT - 6 - 1/2015 S FederFedera I Way CITY OF CITY HALL ' 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: Jim FeerfetkWyor DATE: 3//7 Patrick Duna, PLA, ASLA Principal DATE: STATE OF IOWA ) ) ss. COUNTY OF POLK ) k�� " Jerk, Stephanie Co e , CMC APPROVED AS TO FORM: - 0-4 City Attorney, :S . fkAv-, On this day personally appeared before m" `e I G.'1 Y"eI� t�.y�.tn.._ , to me known to be the "Py i vt. C.', Q ( of that executed the foregoing instrument, an 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___2_.day of IQ\�, lely c k,- - , 2017. Notary's signature t � Notary's printed name otary u is in and for the State of Iowa. mission expires ! 1.. 3 i . 2 o 1 �+ JACOUEUNE MANNING QommWon Number 776330 MY ODecemOonevirion ber 31, 2018 2018 ARTIST AGREEMENT - 7 - 1/2015 ` CITY of CITY HALL �,, South Federa I Way 253 835-700033325 8th Avenue Federal Way, WA 980038003 -6325 ( } www atyoffederaMwy com EXHIBIT "A" ARTIST SERVICES The Artist shall be responsible for overall administration of the provision of services by the Artist under this contract and for coordination with the City. 2. Artist will provide the following services for installation of "Hylebos Harmonics": • Schematic design by March 1, 2017 o Exact placement of column and basalt sitting stones in the lobby area mutually agreed upon and approved by the City. • Design Development and Engineering by March 15, 2017. o Upon approval - the city will issue a notice to proceed. • Material procurement and fabrication from March 15 through August 1, 2017 o Mosaic Glass - 12 weeks lead time o Lighting - 12 weeks lead time o Basalt rock - 8 weeks lead time • Concrete columns installation - date to be finalized with construction -June 1, 2017 o 30 days for concrete to cure • Mosaic tile application July 1, 2017 • Electrical and Lighting installation July 15, 2017 • Basalt stones installation July 15, 2017 • Installation of landscape plants - July 15, 2017 • Substantial Completion by August 15, 2017 • Project Completion: upon City approval September 1. 2017 Opening and dedication of project to be determined on a mutually agreeable date by July 15, 2017. 3. Publicity/Promotion. All publicity and promotional materials including, but not limited to brochures, press releases, programs, posters, public service announcements, flyers and advertisements, shall credit the City of Federal Way Arts Commission for its support of this project. The Artist agrees to allow its name and information regarding the professional background and expertise of the Artist, including titles and information about published works to be used for pre -event marketing and promotional purposes. 4. General Administration and Management. The Mayor, or the Mayor's designee, shall have administrative responsibility for the City's performance under this contract and shall review and approve for payment all statements and invoices submitted by the Artist to the City for its performance under this contract. The Artist shall be responsible for overall administration of the provision of services by the Artist under this contract and for coordination with the City. ARTIST AGREEMENT - 8 - 1/2015 arr or .t Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityof/ederalway corn 1. Total Compensation. In consideration of the Artist performing the Work, the City agrees to pay the Artist an amount not to exceed Three Hundred Fifty Thousand and 00/100 Dollars ($350,000), inclusive of reimbursable reasonable expenses incurred by the Artist pursuant to this Agreement; provided, however, that such costs shall be deemed reasonable in the City's sole discretion. 2. Method of Payment. Payment by the City to the Artist for the Work will be conducted on the following schedule. On a monthly basis, the Artist shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed. The Artist shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Artist will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. ARTIST AGREEMENT - 9 - 1/2015 RD916 0 0 PLANNING * DESIGN March 3, 2017 City of Federal Way, Washington 333258 1h Avenue South Federal Way, WA 98003-6325 RE: Federal Way, Washington, Performing Arts Center, RDG # R3001.373.00 To whom it may concern: Mr. Patrick F. Dunn, PLA, ASLA is a principal with RDG IA Inc and has been authorized by the Board of Directors of RDG IA Inc to sign contracts on behalf of RDG IA Inc. Sincerely, WOberlanIA Secretary RDG IA Board of Directors RDG Planning & Design 301Grand Avenue Tel 515.288.3141 • • • Des Moines, Iowa 50309-1718 Fax 515.288.8631 www.rdgusa.com RDG IA Inc A` l_COR D® `..../� CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LMC Insurance & Risk Management, Inc. 4200 University Ave., Suite 200 West Des Moines IA 50266-5945 CONTACT NAME: StacyFerguson PHONE 515-558-0744 F4X 515-244-9535 RILE S . stacy.ferguson@Imcins.com INSURERS AFFORDING COVERAGE NAIC 0 GENERAL AGGREGATE $2,000,000 INSURER A: Cincinnati Insurance Company 10677 $ INSURED RDGPLAN-01 INSURERB:Accident Fund National Ins Company 10166 INSURER C: RDG Planning & Design 301 Grand Ave Des Moines IA 50309 INSURER D: 1/1/2017 1/1/2018 INSURER E: INSURER F: BODILY INJURY (Per accident) $ COVERAGES CERTIFICATE NUMBER: 1917042559 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 ADDLSUBR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR ENP0118475 1/1/2017 1/1/2018 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $500,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY 1K JEC LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ AGO AUTOMOBILE LIABILITY X ANY AUTO AUTOWNED SCHEDULED X HIRED AUTOS X NON -OWNED AUTOS ENP0118475 1/1/2017 1/1/2018 INED SING=MIT Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE ENP0118475 1/1/2017 1/1/2018 EACH OCCURRENCE $2,000,000 AGGREGATE $2,000,000 DED X RETENTION$0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA A WCV6096800 1/1/2017 1/1/2018 PER - X STATUTE ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project R3001.373.00 — Federal Way, City of — Perform Arts Ctr CERTIFICATE HOLDER CANCELLATION Performing Arts & Event Center 33325 8th Avenue South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD