Loading...
AG 17-076RETURN TO: PW ADMIN EXT: 2700 ID #: ✓ 1 l% 11 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM -� 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 1 "." Y _`— 2. ORIGINATING STAFF PERSON: (72.--- p 2 S (..Do, \S11 EXT: 21 \ 3 3. DATE REQ. BY: I(SJN 3. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): \ 7- O "7-6, ❑ Cg � SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL ❑ OTHER 4. PROJECT NAME: ect o-c-\ L--c--., ‘A ---'2-C"CiC� o•-■ ∎ cl� A 4--\- S CJ-nck e__.,,l e.vn t- rn ( U1'( a.S I'FC. SV\21 I 5. NAME OF CONTRACTOR: ncase C 'c -CC-SC'e C (-am)C\ C, See.. + 0 ADDRESS: ...5-5-5- pc,r \--.- j)c cJ2-- `& —) SQE,S TELEPHONE: ROO - 32 ?3`7.3 E -MAIL: .€-Cs-s,- _ \ : :c L.hCc� L Je. c,catcL C0< p - L0 w^'N FAX: .50 7 - '-!s "S - I 0 ( 1 \ac.cc: SIGNATURE NAME: INN uc- (4n r\ Str :th TITLE:: - :r+c -i .\ comic oS- A r :ll Grl L......_ 6. EXHIBITS AND ATTACHMENTS: SCOPE, WORK OR SERVICES [COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ()ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # C7 - 10 ' j-0 BL, EXP. 12/31/ 17 UBI # bOLi Gg 2.� 0 , EXP. 6 / 33/ 1 7 7. TERM: COMMENCEMENT DATE: i- `"` k. 2 0∎ 1 COMPLETION DATE: 51 10' 1 7 8. TOTAL COMPENSATION: $ H. 0 3 LI 5 y .00 ( Nv, C. ^ ) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES REIMBURSABLE EXPENSE: ❑ YES IIO IF YES, MAXIMUM IS SALES TAX OWED: ,YES ❑ NO IF YES, $ OF EMPLOYEES TITLES AND HOLIDAY RATES) DOLLAR AMOUNT: $ 3H, B..S y PAID BY: A1CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR c RETAINAGE BOND PROVIDED n ' J ❑ PURCHASING: PLEASE CHARGE TO: 1 IA 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED „. �_E_T- �- �a- rnvJCCr iv "rvivi�vi=R DEPUTY DIRECTOR 1� t5 ( 10( I i DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) �y 24) LAW DEPT e /10t' 7 10. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL CT SIGNATURE ROUTING 11. CONo SENT TO VENDOR/CONTRACTOR DATE o ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO INITIAL DATE: COUNCIL APPROVAL DATE: SENT: U (I. 0 111 DATE REC'D: 71141 / LICENSES, EXHIBITS 1 MONTH PRIOR TO EXPIRATION DATE SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) / DATE SIGNED ❑ FINANCE DEPARTMENT ❑ LAW DEPT I SIGNATORY (MAYOR OR DIRECTOR) �,Ir��/�I�i7 ❑ CITY CLERK AAillinlinidrEgke 1�� X ASSIGNED AG # . X. SIGNED COPY RETURNED DATE 0 RETURN ONE ORIGINAL COMMENTS: EXECUTE "2-." ORIGINALS ) 1# - •r # AP SENT: 0S-15-41- .VirYIN PA 4/2017 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 17 -076 001 PROJECT CHANGE ORDER NUMBER NUMBER May 1,2017 EFFECTIVE DATE FEDERAL WAY PERFORMING ARTS AND WENGER TRAFFIC EVENT CENTER ORCHESTRA SHELL CORPORATION PROJECT TITLE CONTRACTOR SUMMARY OF CHANGES: The Contractor shall provide and assemble the following equipment: • Sixty (60) Wenger Preface Music Stands (black) • Two (2) Wenger Preface Conductor Stands (black) • Seventy (70) Wenger Encore Stand Lights with power adapters • Sixty -four (64) Wenger 18.5" Musician Chairs (black fabric on black frame) • Six (6) Wenger Storage Carts for Chairs • Three (3) Wenger Large Music Stand Carts SCHEDULE: The time provided for completion in the Contract is ❑ Unchanged ® Increased ❑ Decreased by twenty -seven (27) Calendar Days, to August 10, 2017. 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? X Yes 0 No If "Yes" Will the Policies Be Extended? X Yes ❑ No PRICE CHANGE: NO CHANGE TOTAL NET CONTRACT: NO CHANGE CHANGE ORDER AGREEMENT 1 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTtR'S Mani An% S.144-h DATE SIGNATURE Direvlor esPFivuo..../Co?6,0.06..Searchari DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER CONTRACT AMOUNT r0 C MA OR'S SIGNATURE CHANGE ORDER AGREEMENT 2 $ 403,459.00 $0 $0 $ 403,459.00 DATE RETURN TO: PW ADMIN EXT: 2700 ID #aq/iv 3 00 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / c,?Nt: 2. ORIGINATING STAFF PERSON: l:s J A l Sh 4. TYPE OF DOCUMENT (CHECK ONE): CONTRACTOR SELECTION DOCUMENT (E PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER 11P -D12. EXT: Z-1 3 3. DATE REQ. P, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 4 5. PROJECT NAME: V..tatro.\ l.Jy\.\, 17ec'Sor INN ∎hlr, hrkj 3' EN A- cenwr- Q2Neslrc, 5+.c It 6. NAME OF CONTRACTOR: y■► 1 / ' -I / le . (- ( Q i 1 T[ /Qyl . ma, ADDRESS: 5 '/ Al , ► ■ • ■ 4 • 111# I A , 0 TELEPHONE:StY -?32 Z»7� E- MAIL: ' ���'i� �!w� �W W .at_Am.. ..'1L& FAX: cjp7- 5--- a / SIGNATURE NAME: r# i h U TITLE:Pi-511 i>a l T) a ;Tr- 7. EXHIBITS AND ATTACHMENTS: 1l SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREME /CERTIFICATE ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑nPPRRIOR CONTRACT /AMENDMENTS CFW LICENSE # 11-10)550 BL, EXP. 12/31/ t/ UBI #[OD/7i Og p .'7 , EXP.. ,,,l/ j /,P0/ "k 8. TERM: COMMENCEMENT DATE: ol't 5114144-1.M12_, COMPLETION DATE: / l P.!�( 2 9. TOTAL COMPENSATION: $ 14 01 14-CA .1!z: (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: YES ❑ NO IF YES, $ 31 859 ❑ PURCHASING: PLEASE CHARGE To: O 43-54C800 '/ 1 - let INITIAL / DATE REVIEWED 10. DOCUMENT / CONTRACT REVIEW ESSDIVISION MANAGER I' DEPUTY DIRECTOR [jy DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) re LAW DEPT i Is-1(444 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: $' 11 j2 ►1P COUNCIL APPROVAL DATE: ` cormefra' /:iIN(ti ct A x% /i(rr DATE SENT: lite ` 1 / DATE REC'D: 2 1L II-16211k PAID BY:XCONTRACTOR ❑ CITY INITIAL � ALAPPROVED -t/ 2I \ 111 2t 1`111 imam 12. CONTRACT SIGNATURE ROUTING la SENT TO VENDOR/CONTRACTOR ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS k LAW DEPT `t11L SIGNATOR kt CITY CLERK jQ ASSIGNED AG # SIGNED COPY RETURNED RETURN RIGINAL COMMENTS: EXECUTE ORIGINALS OR DIRECTOR) I TIAL / DATE SIGNED 71/1 / IME1151IIII G. SAL 11,T SENT: FPI ' 1 e rw44 lei o U U o ikt- 3 M R6v,et 13en ) • n tEANI5wrr 1.e. . 1/15 Sales Bid, Quote and Contract Authority Certificate RESOLVED, Wenger personnel as outlined on the attached addendums have been authorized and empowered to prepare and submit price quotations, proposals, and bids in connection with the sale of the products of Wenger Corporation and its businesses and to enter in such sales contracts as may be the result of such negotiations, proposals, and bids, and to sign such documents to carry out the foregoing. State of (Minnesota) :SS County of (Steele) Christophe . Simpson President and CEO of Wen -r Corporation Christopher S. Simpson, being first duly sworn on oath says that he is the President and CEO of Wenger Corporation; that he has read the foregoing certificate, knows the contents thereof and that the same is true of his own knowledge. Dated January 9 , 2017 Subscribed and sworn to before me this 9th day of January LOLA ANN MCDERMOTT NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2020 Corporate Seal Certificate Addendum Wenger Corporation, Corporate Officers, Administration and Manufacturing: Simpson, Christopher S. Unlimited McCusker, Joseph J. Unlimited Wenger Corporation - Up to $500,000: Carman, Tom Jollay, Jeff Kingsley, Jim Madi an Chris Smith, Mary Anil) Wenger Corporation - Up to $300,000: Buttera, Paul Ferch, Michael Forsberg, Andrew Freiheit, Ron Haddican, Lisa Hanson, Stacy Herz, Tricia Hutchison, Eron Ingalls, Mark Meyer, Dennis Nash, Jan Nelson, Gregg Probst, Ron Steinhauer, Kim Wagner, Nancy Wenger Corporation - Up to $150,000: Atkinson, Stephanie Barwick, Lori Dietz, Gloria Flemming, Chris Goette, Deb Grunklee, Lori Hollingsworth, Crystal Hrdiichka, Mida Kramer, Maggie Melzer, Susan Middlestadt, Jane Orlowski, Kris Stangl, Chris Ulrich, Sherrie Welton, Sasha Wesely, Cynthia Wirtz, Joshua Wenger Corporation - Up to $100,000: Phelps, Brian Thompson, Kari Storjohann, Chris Thompson, Lindsay WENGER TRAFFK CORPORATION UBI Number Category Profit /Nonprofit Active /Inactive State Of Incorporation WA Filing Date Expiration Date Inactive Date Duration Agent Name Address City State ZIP Address City State Zip 602089250 REG Profit Active MN 06/11/2002 06/30/2017 NATIONAL REGISTERED AGENTS, INC. 505 UNION AVE SE STE 120 OLYMPIA WA 985010000 Governing Persons (as defined in RCW 23.95.105 (12) (http://app.legwa.gov/RCW/supdefauftaspx?cite=23.95.105)) dtaspx?dte=23.95.105)) Title Name Governor MCCUSKER,JOSEPH Governor SIMPSON , CHRISTOPHER Address 555 PARK DRIVE OWATONNA, MN 55060 555 PARK DRIVE OWATONNA, MN 55060 Governor SMITH , MARY ANN 555 PARK DRIVE OWATONNA, MN 55060 Washington State Department of Revenue State Business Records Database Detail TAX RET, bRATKO 1114:151129892511 ACEAUNS OPERED :1!19 O 12.:00:60 Apt U51 • 6020892Se ACij J?$ CLOSED: DPEII ETATEiY RAKE: PrE116ER TIP.A.FTIC CURPORATIMM 1111543“55 t1A11E : HA&D/6 WORM 553 ;'f ZiC i1R EPITTIV PIPE RP7RATtOPP RAKS EA-OE 3x. MAKS veno gni TITHER SOUND °d..CUAJ G FOR !tom C MNMF FACIAL USE ONLY 12,61017944 t ;4 P Pea BUSINESS LOCATION : 55S PARK M O iSAbY titiA„ TW 5—S O -41471 R7:SEIk6L PERMIT PLOT rap% 1!EfQiu ETTE£TSYE: X 11 PE mire EXPIRES VI A WENGERTRAFFIC CORPORATION UBI Number Category Profit /Nonprofit Active /Inactive State Of Incorporation WA Filing Date Expiration Date Inactive Date Duration Agent Name Address City State ZIP Address City State Zip 602089250 REG Profit Aaive MN 06/11/2002 06/30/2017 NATIONAL REGISTERED AGENTS, INC. 505 UNION AVE SE STE 120 OLYMPIA WA 985010000 Governing Persons (as defined in RCW 23.95.105 (12) (http://app.leg.wa.gov/RON/supdefaultasp23.95.105)) dt asNx?dte=23.95.105)) Title Name Address Governor MCCUSKER,JOSEPH Governor SIMPSON , CHRISTOPHER Governor SMITH, MARY ANN 555 PARK DRIVE OWATONNA, MN 55060 555 PARK DRIVE OWATONNA, MN 55060 555 PARK DRIVE OWATONNA, MN 55060 Department of Labor and Industries PO Box 44450 Olympia, WA 985044450 WENGER TRAFFIC (.`o .R I I( 555 PARK DR OWATOMA MZNI 55060 WEN(1.;ER TRAFFIC CORPORATION WENGETC941QH 602-(M •250 Rewsli2red :1:.; provided by Law ts:: ConstruL:ti,.,n Coly.rdclv.r CC13.11 - INS1 .\T PURNTAI3 TYLO Effecti.,c Date: 1;1(0006 Expiration 1) h. r7Or2()I CITY OF �.. Federal Way February 16, 2017 Ms. Mary Aim Smith, Principal Director of Finance Wenger Traffic Corporation 555 Park Drive Owatonna, MN 55060 CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com Jim Ferrell, Mayor RE: Federal Way Performing Arts & Event Center Orchestra Shell (RFB No. 16 -012) "Notice of Award" Dear Ms. Smith: This letter is official notification of the award of the above - referenced project (RFB No. 16 -012) to Wenger Traffic Corporation based on your January 10, 2017, bid in the amount of $403,459.00. Enclosed are three (3) original contract documents for your review and execution. Pursuant to the Special Provision, Section 1 -03.3 Execution of Contract, and Successful Bidder's Checklist (Page 7), the following is a list of items that must be completed and returned to the City within ten (10) calendar days after receipt of this Notice of Award. • Sign the Contract in the presence of a Notary Public (Page 41) • Complete the Contractor's Retainage Agreement (Exhibit "C ", Page 45) • Sign the Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment (Exhibit "D ", Page 46). • A Certificate of Insurance is required naming the City of Federal Way as an additional insured, which will become the attachment to Exhibit "E ", Page 47. (Refer to Pages 35 -36, Section 9. INSURANCE) • Complete the Performance /Payment Bond (Exhibit "F ", Pages 48 -50) • A City of Federal Way business license is required and a business license packet is enclosed. Please include the completed packet and fee payment with your signed and notarized contract documents. After the executed contracts are received and signed by the Mayor, a Notice to Proceed will be issued, and an original contract will be sent to you for your records. If you have any questions or concerns, please do not hesitate to contact me at (253) 835 -2713. Sincerely, A EJ Walsh, P. E. Deputy Public Works Director/PAEC Project Director EW:mt Enc: Three (3) Original Sets of Bid and Contract Documents Business License Packet cc: Project File Day File k: \contract \2017 \17 -xxx wenger traffic corporation noa.docx l.- Fey OF 4,w deral Way ORIGINAL CONTRACT # 1 of 3 CITY CLERK BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Federal Way Performing Arts and Event Center Orchestra Shell RFB # 16 -012 City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003 CITY OF FEDERAL WAY REQUEST FOR BIDS Federal Way Performing Arts and Event Center Orchestra Shell RFB# 16 -012 Addendum No. 1 January 5, 2017 ATTENTION: All Bidders and Planholders You are hereby notified that in Addendum No.1, the Bid and Contract Documents are amended as follows: A) Specification section 11 61 13: Revise section 1.10.B. - Specialty contractor staff responsible for installation in the field shall have been continuously engaged in the sales and integration of orchestra shell equipment similar to that specified herein for a minimum of (20) twenty years, and shall have successfully completed at least twenty (20) installations of this type and scope. The Owner's Representative shall be the final judge of the suitability of experience and past performance. Revise section 1.10.B.1 - Manufacturer staff shall have been continuously engaged in the manufacturing of orchestra shell equipment similar to that specified herein for a minimum of (20) twenty years. Add additional to section 2.01.B. — Staging Concepts, 7008 Northland Drive, Suite 150, Minneapolis, MN 55428. Tel 763.533.2094. Contact Tom Bateman B) BID OPENING The bid opening date has not changed. All bidders are required to acknowledge receipt of this addendum on the Bid Form. Failure to do so may cause rejection of the bid. CITY OF FEDERAL WAY EJ Walsh, PE PAEC Project Director City of Federal Way Federal Way Performing Arts and Event Center Orchestra Shell Addendum No.1 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Federal Way Performing Arts and Event Center Orchestra Shell RFB # 16 -012 Bids Accepted Until 3:00 p.m., January 11, 2017 Bids Opened 3:15 p.m., January 11, 2017 AT: City of Federal Way City Council Chambers 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: CITY OF FEDERAL WAY, WASHINGTON City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 2 2016 RFB ver. 4 -16 TABLE OF CONTENTS PAGE PUBLIC NOTICE — REQUEST FOR BIDS 4 BIDDER'S CHECKLIST 6 SECTION 1: INSTRUCTIONS TO BIDDERS 8 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 15 NO BID RESPONSE FORM (Attachment A) 21 BID FORM (Attachment B) 22 BID SIGNATURE PAGE (Attachment C) 24 BID BOND FORM (Attachment D) 25 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment E) 26 CONTRACTOR'S COMPLIANCE STATEMENT (Attachment F) 28 PUBLIC WORKS CONTRACT (Attachment G) 29 (with Exhibits A -G and Appendices as attached) Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Notice of Completion Contract Change Order Agreement Contractor's Retainage Agreement Notice to Labor Unions of Other Employment Organizations Nondiscrimination in Employment Certificate(s) of Insurance Performance /Payment Bond Title VI Assurances APPENDIX A: SPECIAL PROVISIONS BLUE PAGES APPENDIX B: STANDARD PLANS AND DETAILS WHITE PAGES APPENDIX C: PREVAILING WAGES AND BENEFIT CODE KEY GREEN PAGES City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 3 2016 RFB ver. 4 -16 CITY OF FEDERAL WAY REQUEST FOR BIDS Performing Arts and Event Center Orchestra Shell RFB # 16 -012 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through January 11, 2017, at 3:00 p.m., at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 3:00 p.m. on said date will not be considered. BID OPENING: All bids will be opened and read publicly aloud at 3:15 p.m. on January 11, 2017, at City Council Chambers, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5 %) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: Contractor shall provide offsite fabrication and onsite installation of an Orchestra Shell for the Performing Arts and Event Center. The Contractor shall complete all work on or before July 14, 2017. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835 -2526. Any questions concerning the description of the work contained in the contract documents must be directed to EJ Walsh, PE Performing Arts and Event Center Project Director, by facsimile at (253) 835 -2709, or by letter addressed to EJ Walsh, PE Performing Arts and Event Center Project Director five (5) days prior to bid opening date. PURCHASE OF BID DOCUMENTS: Free -of- charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects," "Public Works," and "City of Federal Way." This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full /partial plan sets from numerous reprographic sources, and a free online digitizer /take -off tool. It is recommended that Bidders "Register" in order to receive automatic e -mail notification of future addenda and to place themselves on the "Self- Registered Bidders List." Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on -line plan for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258- 1303 should you require assistance with access or registration. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 4 2016 RFB ver. 4 -16 1 An informational copy of plans, specifications, and addenda are also available for viewing only at I the Public Works Department, Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. I The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation I issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this I invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to insure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The Contractor will be comply required to I Y with all local, State, and Federal laws and regulations q P pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required associated documents are executed in full. Regardless of the date of award or Notice to Proceed, the Contractor must complete all work under this project by July 14, 2017. RESERVATION OF RIGHTS: The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his or her bid after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. 1 Dated the 7th day of December, 2016. Dates of Publication: Daily Journal of Commerce: December 9, 2016 December 16, 2016 Federal Way Mirror: December 9, 2016 December 16, 2016 1 1 1 1 City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 5 2016 1 RFB ver. 4 -16 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. n Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. Bid Signature Page (Attachment C) The Bid Signature Page shall be filled in and fully executed by the bidder. Bid Bond Form (Attachment D) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5 %) of the total bid amount and shall be shown in both words and figures. n Combined Affidavit and Certification Form (Attachment E) This form must be subscribed to and sworn before a Notary Public and notarized. n Contractor's Compliance Statement (Attachment F) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. Contractor's Certificate of Registration The bidder shall provide a copy of Contractor's current registration with the State of Washington. n Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 6 2016 RFB ver. 4 -16 SUCCESSFUL BIDDER'S CHECKLIST The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: Public Works Contract (Attachment G) The successful bidder will fully execute and deliver to the City the Performing Arts and Event Center — Orchestra Shell Public Works Contract ( "Contract ") from these Bid Documents. Contractor's Retainage Agreement (Exhibit C) The successful bidder will fully execute and deliver to the City the Contractor's Retainage Agreement. ❑ Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment (Exhibit D) If this applies, the successful bidder will sign and post copies of this Notice in conspicuous places available to employees or applicant for employment. ❑ Certificate of Insurance (Exhibit E) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Performance /Payment Bond (Exhibit F) The successful bidder will provide a fully executed Performance /Payment Bond as appropriate. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 7 2016 RFB ver. 4 -16 SECTION 1: INSTRUCTIONS TO BIDDERS 1 -1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 3:00 p.m. local time on January 11, 2017, to the Purchasing Office of the City of Federal Way (the "City "), located on the second floor of City Hall, or received by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue S, Federal Way, Washington, 98003 -6325, and will be publicly opened and read aloud in City Hall Council Chambers on January 11, 2017, at 3:15 p.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of miss - delivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. 1 -2 Bid Form Bids shall be made on the "Bid Form" (Attachment "B ") issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1 -3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself /herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1 -4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 8 2016 RFB ver. 4 -16 1 I1 -5 Modification of Bid A modification of a bid already received will be considered only if the modification is 1 received prior to the time announced for bid opening. All modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. I1 -6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract Idocuments and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and /or services to be provided herein. The failure or neglect of a bidder to examine such Idocuments, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge Iof any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this 1 requirement. 1 -7 Interpretation of Bid and Contract Documents INo oral interpretations will be made to any bidder as to the meaning of the bid or contract documents and no oral communications will be binding upon the City. Requests for an 1 interpretation shall be made by facsimile, or by mail, and delivered to the Purchasing Coordinator of the City at the address indicated in Section 1 -1, at least ten (10) days before the date announced for opening the bids. Any interpretation deemed necessary by the City 1 will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1 1 -8 Addenda I Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1 1 -9 Bid Price The bid price shall include everything necessary for the completion of the contract including, I but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government I taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and /or the total I price, the unit price will govern and the extended amount and /or total price will be corrected accordingly; however, downward correction of a bid, which would displace the 1 City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 9 2016 IRFB ver. 4 -16 apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. 1 -10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. 1 -11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and /or responsibility necessary to perform the work after considering the elements in Section 1 -14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and /or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1 -12 Alterations to Documents Prohibited Any addition, limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1 -13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non - Collusion (Attachment G) with their bids. 1 -14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 10 2016 RFB ver. 4 -16 bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. B. Responsibility — The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with Chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; c. If applicable: i. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have been continuously engaged in the sales and integration of orchestra shell equipment similar to that specified herein for a minimum of twenty (20) years, and shall have successfully completed at least twenty (20) installations of this type and scope. c. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. 3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 11 2016 RFB ver. 4 -16 b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, change orders, and close -out. c. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(2) above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the City's determination by presenting additional information to the City and meeting the requirements of section 1- 20(B). The City will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid — The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. 1 -15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and /or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1 -16 Bid Documents Bidders are required to submit with the bid package the following: A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Bid Signature Page. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 12 2016 RFB ver. 4 -16 D. Attachment D— Bid Bond Form. E. Attachment E— Combined Affidavit and Certification Form. F. Attachment F— Contractor's Compliance Statement. 1 -17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and /or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1 -18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5 %) of the Total Bid Price as indicated on Attachment B, "Bid Form," or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and /or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond." If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond." Any questions as to the qualification of the banking institution or instruction shall be City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 13 2016 RFB ver. 4 -16 submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. The City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance /payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1 -19 Performance /Payment Bond The bidder to whom the City has awarded this Contract will remove the Performance /Payment Bond (Exhibit F) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100 %) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance /Payment Bond (Exhibit F) shall in no way affect or alter the liabilities of the Contractor to the City under Section 8 "Indemnification" of the Public Works Contract. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1 -20 Bid Dispute A. Any actual or prospective bidder, including sub - contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 14 2016 RFB ver. 4 -16 City of Federal Way Federal Way, Washington 98003 -6325 Attention: Bid Protest -- Performing Arts and Event Center — Orchestra Shell RFB # 16 -012 C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and informing the aggrieved person of his or her right to appeal the decision to the Mayor or his or her designee. A copy of the decision shall be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) calendar days after receipt of the decision to the Mayor or his or her designee. If the decision is appealed, then the subsequent determination of the Mayor or his or her designee shall issue within five (5) days of the Mayor's receipt of the appeal and shall be final and conclusive. D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 2 -1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by EJ Walsh, PE Performing Arts and Event Center Project Director. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to EJ Walsh, PE Performing Arts and Event Center Project Director for response. 2 -2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 15 2016 RFB ver. 4 -16 2 -3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Agreement attached as Exhibit C, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit D, Certificate(s) of Insurance Form attached hereto as Exhibit E, Performance / Payment Bond attached hereto as Exhibit F, Title VI Assurances attached hereto as Exhibit G, Special Provisions attached as Appendix A, Standard Plans and Details attached as Appendix B, current Prevailing Wage Rates attached as Appendix C, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents "). The contract documents are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2 -4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. 2 -5 Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 16 2016 RFB ver. 4 -16 No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. 2 -6 Work and Materials Omitted The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2 -7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2 -8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. 2 -9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least five (5) years from the date of acceptance by owner; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2 -10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2 -11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. City of Federal Way RFB I# 16 -012 Performing Arts and Event Center Orchestra Shell Page 17 2016 RFB ver. 4 -16 2 -12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2 -13 Hazardous Chemical Communication In order to comply with WAC 296 -62 -054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. 2 -14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Section 1.3 of Attachment I, Public Works Contract, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2 -15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2 -16 Patents, Copyrights and Rights in Data City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 18 2016 RFB ver. 4 -16 Any patentable result or material suitable for copyright arising out of this contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data "), shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. AU such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2 -17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2 -18 Disagreements, Disputes, Claims, and Appeals If any disagreements occur with anything required in a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, the Contractor shall follow the procedures outlined in Standard Specification Sections 1 -04.5 and 1- 09.11, which are incorporated by this reference. By failing to follow the procedures of Sections 1 -04.5 and 1- 09.11, the Contractor completely waives any claims for protested Work. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 19 2016 RFB ver. 4 -16 Any claims or causes of action shall be brought only in the Superior Court for King County, Washington. 2 -19 Recycled Products The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post- consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi- component or multi - material products shall verify the percentage and type of post- consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 20 2016 RFB ver. 4 -16 Attachment A NO BID RESPONSE FORM When submitting a "No Bid," mail this completed form to Federal Way Purchasing, 33325 8th Avenue South, Federal Way, Washington 98003 -6325. Be sure the form is in a sealed envelope with the bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1 -1. Failure to return this form if not submitting a formal bid, may result in your firm being removed from the City's master bidder's mailing list. Bid Number: RFB No. 16 -012 Bid Title: ❑ Cannot comply with specifications. ❑ Cannot meet delivery requirement. ❑ Do not regularly manufacture or sell the type of commodity involved. ❑ Other (please specify). Explanation of reason(s) checked: Check one of the following: ❑ WE DO ❑ WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. Firm Name: Address: Phone: Signature Date Name (Type or Print) Title City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 21 2016 RFB ver. 4 -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Attachment B BID FORM CITY OF FEDERAL WAY Federal Way Performing Arts and Event Center Orchestra Shell BID FORM Bidder: Wenger Corporation 555 Park Drive, Owatonna, MN 55060 Date: January 9, 2017 ITEM BID AMOUNT TOTAL BID AMOUNT (including Washington State sales tax, all other government taxes, assessments and charges) $ 403,459.00 To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 -6325 *See attached Wenger Quote No. 3044151 for details* Pursuant to and in compliance with your advertisement for bids for construction of the Federal Way Performing Arts and Event Center Orchestra Shell, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of the Federal Way Performing Arts and Event Center Orchestra Shell, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, indusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5 %) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the Federal Way Performing Arts and Event Center Orchestra Shell Public Works Contract and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. Bond r Certified Check 5% of total bid Dollars ($ 5% of total bid ) i ne Bidder shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. City of Federal Way RFB 11 16 -012 ,Performing Arts and Event Center Orchestra Shell Page 22 2016 RFB ver_ 4 -16 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. Receipt of the following Addendums is hereby acknowledged: Addendum No. 1 Date Issued: January 5, 2017 Addendum No. Date Issued: Addendum No. Date Issued: Corporation Corporation/Rartnershiplindividual- (Delete Two) L •. WENGETC941 QH Bi" dOr's State License No. 400019632 y;'; Bidder's State Tax No. ('ity of Federal Way Performing Arts and Event Center Orchestra Shell RFB ver. 4 -16 Wenger Corporation Firm Name I 1 IA r 0 4111116- Signature Mary An - ith, Director of Finance Title ltFB # 16 -012 Page 23 2016 Attachment C BID SIGNATURE PAGE Date: January 9, 2017 The undersigned bidder hereby proposes and agrees to deliver the equipment and /or services pursuant to the Federal Way Performing Arts and Event Center Orchestra Shell and comply with all other terms and conditions of the contract and bid documents of RFB 16 -012. No bidder may withdraw his /her bid for a period of ninety (90) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5 %) of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to `0llll1 /execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. ` 1/, �.� W CA, omoration o at!on Partners " Individuat wo� rr I ; (Delete Two) oZ. J ; c: y►* J • / /,,1' 11Ali1iIN" City of Federal Way Performing Arts and Event Center Orchestra Shell RFB ver. 4 -16 Wenger Corporation By: Company (Signature) , Mary Ann Smith (Printed Name) Its: Director of Finance (Title) 555 Park Drive Owatonna, MN 55060 (Address) 800.733.0393 (Telephone Number) RFB # 16 -012 Page 24 2016 Attachment D BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of $ 20,172.95 , which amount is not Tess than five percent (5 %) of the total bid. BID BOND Bond No 66572 - Travelers -17 -03 KNOW ALL PERSONS BY THESE PRESENTS that we, Wenger Corporation , as Principal, and Travelers Casualty and Surety Company of America , as urP.ltyy are l�ld argd wen Thousand ne Hun red firmly bound unto the City of Federal Way, as Obligee, in the penal sum of Seventy Twn and 9 Ji00 dollars ($ 20,172 95 ), for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: Federal Way Performing Arts and Event Center Orchestra Shell According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Suilit�,�� shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amountot At /0 bond. SIGNED, SEALED AND DATED THIS 11th DAY OF January , 2017 • Wen er Corporation _ .:. VOr 'fGc(j •, Mary Ann _Smith Prim Director of Fi r1 4 °� Travelers Casualty and Surety Company or nio moo� Surety Sandra L. Ham Attomey -In -Fact Date: January llth 20_17 Received retum of deposit in the sum of $ Ctty of Federal Way Performing Arts and Event Center Orchestra Shell Page 25 2016 RFB ver. 4-16 IFE f; 16 -012 ACKNOWLEDGMENT BY SURETY STATE. O1 Missouri City of St. Louis On this 1SS. 11th day of January Sandra L. Ham Travelers Casualty and Surety Company of America 2017 , before me personally , known to me Io be the Attorney -in -Fart of , the corporation that executed the within instrument, and a( knowledged to me that such corporation executed the same. IN \VI"1'NGSS \1'11F,REOF, 1 have hereunto set my hand and affixed my official sea', at my ollire in the aforesaid County, the day and year in this certificate first above ((Tittmn. My Contmissiou Expires: December 03, 2019 (Seal) Kt -ey Jones • Notat)' Public in the State ofMissouri City of Si. Louis Commission Number: 159736.16 S- 0230 /GEEF 2/98 TRAVELERS) Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Attomey -In -Fact No. ,23Q490 POWER OF ATTORNEY St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Surety Bond No. or Project Description: Principal: Wenger Corporation 66572 - Travelers -17 -03 Obligee: City of Federal Way KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St, Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the taws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Sandra L. Ham of the City of St Louis State of Missouri , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one Is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 20th day of September, 2016. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Robert L. Raney, Senior Vice President On this the 20th day of September, 2016, before me personally appeared Robert L Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. Marie C. Tetreault, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Famdngton Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, 9. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 11th day of January 2017 Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, cal/ 1 -800- 421 -3880 or contact us at www. travelersbond, com. Please refer to the Attorney -In -Fad number, the above -named individuals and the details of the bond to which the power is attached. Attachment E City of Federal Way COMBINED AFFIDAVIT AND CERTIFICATION FORM Non - Collusion, Anti - Trust, Prevailing Wage (Non - Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment NON - COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he /she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself /herself or to any other person any advantage over other Bidder or Bidders; and NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) To report bid rigging activities call: 1 -800- 424 -9071 The U.S. Department of Transportation (USDOT) operates the above toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI -TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti- trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti -trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT 1, the undersigned, having duly swom, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, work person, or mechanic employed in the performance of such work, not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my knowledge and belief; and City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 26 2016 RFB ver. 4 -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five -year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non - Collusion Affidavit, Assignment of Anti -Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit, Affidavit Of Eligibility, and Certification of Lawful Employment. City of Federal Way Performing Arts and Event Center Orchestra Shell. �•�` W EHC' %,, • /for ,. Name of Bidder's Firm Signature of Aut arized Representative of Bidder Mary Ann Smith, Director of Finance Subscribed and sworn to before me this 9th day of January , 200< 2017 MCa 4n11 Mc De m& oft LOLA ANN MCDERMOTT NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2020 City of Federal Way Performing Arts and Event Center Orchestra Shell RFB ver. 4 -16 Lola Ann McDermott (printed /typed name of notary) Minnesota Notary Public in and for the State of Washington< My commission expires: January 31, 2020 RFI3 # 16 -012 Page 27 2016 Attachment F CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: January 9, 2017 This statement relates to a proposal contract with the City of Federal Way named: Federal Way Performing Arts and Event Center Orchestra Shell I am the undersigned bidder or prospective contractor. I represent that: I Ij have, ❑ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. By: Its: Wenger Corporation Name of Bidder Signature Mary Ann Smith, Director of Finance Title 555 Park Drive Owatonna, MN 55060 Address City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 28 2016 RFB ver. 4 -16 : \\ . ..:..:::': .+l,.:X /•�YV,fifF.} \ {: { ?;:. {::. f :: ?::v. "'Sra ^'t;•;•;: •nf �:"•i: /h -4 A� +Y» >.' ':)Uf/ ......�•.5.... .:. ... .. -... .� ..�� :i{ ) :. \ :.....��:ti'�: ,'• ? ?Wn:v .z. its +JsGQ :•. :•:: Y. \:... ��'•��ii ii ? ?:.l'::'ivr::}:;:i _- , -- ....:.. , iw.,•.:v.A'.<s2<4.nnn:.:. ?,oai" .. w.c<::£�:..: �:::::.::i' ?:. :n,:.: ..�: {{ : {. ^•.+ ..,,.,...}c -,� Customer Quotation Quote: 3044151 Prepared For: Federal Way PAC 33325 8th Ave S Federal Way WA 98003 -6325 Regarding; Section 116113 Orchestra Shell Page: 1 Date: 1/10/2017 Effective: For 90 days only Delivery Within: by July 14, 2017 Tax: Included Terms: PENDING CREDIT APPROVAL F.O.B. Point: Destination P)l Item'' Description omantify',, Unit Price Price S230711 Reference: * Section 116113 Orchestra Shell * Drawings PE 101, PE 201, PE 202 * Complete delivery and installation by Wenger Corporation by July 14, 2017 CUSTOM DIVA ORCHESTRA SHELL 1 * * ** Per Plans and Specifications * * * ** Total Product Charge Sales Tax Total Charge TERMS AND CONDITIONS * Pricing is for 2017 delivery and installation. * Price does include Sales Tax. * Price does include Field Measurements * Price includes ONE delivery w /installation and demonstration of product at time of delivery. If customer authorizes delivery & Jobsite is not ready to receive product and installation, customer shall be responsible for additional mobilization and other expenses. * Wenger shall attend Jobsite Meetings as 1 - - i s - . 1 - 111111 • • /CHS Okowwk Submitted By: Kris Orlowski Project Cost Estimator WENGER CORPORATION cJ Mary Ann Smith, Director of Finance WENGER CORPORATION CANADA OFFICE Phone 800 268.0148 555 Park Drive, PO Box 448 Owatonna, MN 55060 -0448 Phone 800.4WENGER (493 -6437) Fax 507.455.4258 Parts & Service 800.887.7145 Ma"' ni%aa /. n{% f?.:%. i:•:•i�.l:i4?i: ? { ?:?:.'n \'i:.. • • 368, 600.00 34, 859.00 403, 459.00 Phone: 800- 326 -8373 Ext 8378 Email: kris.orlowski @wengercorp.com On Behalf of: Jeff Kirkpatrick Fax: 507 - 774 -8580 WORLDWIDE Phone 1.507,455.4100 Fax 1.507.774.8576 WEB SITE www wengercoro.con Your Performance Partner /mot" 2+::< • 1 Customer Quotation 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Quote: 3044151 Prepared For: Federal Way PAC 33325 8th Ave S Federal Way WA 98003 -6325 Regarding: Section 116113 Orchestra Shell Page: 2 Date: 1/10/2017 Effective: For 90 days only Delivery Within: by July 14, 2017 Tax: Included Terms: PENDING CREDIT APPROVAL F.O.B. Point: Destination en 1 Submitted 1 * If a payment bond is required by the Owner, the General Trades agree to provide a copy. * The time for delivery shown on the face of this quotation, if any, is an estimate only. Wenger Corporation will not be liable for any loss or damage to Buyer or others due to delay or not delivering in accordance with the estimated date regardless of cause. Wenger Corporation will select method of delivery unless specified by customer. * Full payments are due seven days after payment is received or should have been received by Contractor from Owner. Final payment is due 60 days after substantial completion of Wenger Corporation's work. Retainage held shall not exceed the amount withheld by Owner and /or allowable by law. * Wenger Corporation shall not waive its right to file a lien or bond claim, nor its right to payment for work properly performed and accepted by owner or its representative. * Wenger Corporation accepts liability for bodily injury and property damage only to the extent of the direct costs caused by its own negligent acts during the performance of our work. By: Kris Orlowski Project Cost Estimator Phone: 800- 326 -8373 Ext 8378 Fax: 507 - 774 -8580 Email: kris.orlowski @wengercorp.com On Behalf of: Jeff Kirkpatrick WENGER CORPORATION 555 Park Drive, PO Box 448 IOwatonna, MN 55060 -0448 Phone 800.4WENGER (493 -6437) Fax 507.455.4258 Parts & Service 800.887.7145 1 WENGER CORPORATION CANADA OFFICE Phone 800.268.0148 WORLDWIDE Phone 1.507.455.4100 Fax 1.507.774.8576 WEB SITE www.wen9ercorp.com ............................. Your Performance Partner 1 Customer Quotation Quote: 3044151 Prepared For: Federal Way PAC 33325 8th Ave S Federal Way WA 98003 -6325 Regarding: Section 116113 Orchestra Shell Page: 3 Date: 1/10/2017 Effective: For 90 days only Delivery Within: by July 14, 2017 Tax: Included Terms: PENDING CREDIT APPROVAL F.O.B. Point: Destination * Wenger Corporation expressly conditions all orders upon the acceptance by Buyer of Company's terms and conditions without change unless specifically set forth in writing and accepted by the signature of an authorized representative of Company at Owatonna, MN. Submitted By: Kris Orlowski Project Cost Estimator Phone: 800- 326 -8373 Ext 8378 Fax: 507 - 774 -8580 Email: kris.orlowski @wengercorp.com On Behalf of: Jeff Kirkpatrick WENGER CORPORATION 555 Park Drive, PO Box 448 Owatonna, MN 55060 -0448 Phone 800.4WENGER (493 -6437) Fax 507.455.4258 Parts & Service 800.887.7145 WENGER CORPORATION CANADA OFFICE Phone 800.268.0148 WORLDWIDE Phone 1.507.455.4100 Fax 1.507.774.8576 WEB SITE www wengercorp corn Your Performance Partner Washington State Department of Revenue State Business Records Database Detail TAX REGISTRATION NO ; *42@e?425fl ACCOUNT OPENED :1 /1/200i 12 OGKO AF4 uei : 60293142..93 WOW; CLOSED: OPEN ENTITY MANE : WENGER TRAFFIC CORPORATION BUSINESS NAM ; HAILING .40ORTSS : BUSINESS LOCATION : SSS PARS{ 3:,O11940 ' -i' S5060-4940 MIT`, TTP11 :: CORPDXAIION RE SELLER PERMIT MO:. 11jA PERHIT EF 1CflVE: Si /A NEANS CONE: 512290 PERMIT EXPIRES: R/A RAMS 01119MORINES OTHER SOUND WING I81DUSTRIC•S FOR NON COMMERCIAL USE ONLY 12ile /In3.d EAR EN Department of Labor and Industries PO Box 44450 Olympia, WA 98504 -4450 u,s WENGER TRAFFIC CORPORATION 555 PARK DR OWATONNA MN 55060 WENGER TRAFFIC CORPORATION Reg: CC W ENGETC941QH UBL: 602- 089 -2.50 Registered as provided by Law as Construction Contractor (CCBT) - INST EQULP!STAT FURN/LAB TILO Effective Date: 11/20/2006 Expiration Date: 11/20/2018 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. ® Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. ® Bid Signature Page (Attachment C) The Bid Signature Page shall be filled in and fully executed by the bidder. ® did Bond Form (Attachment D) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be Tess than five percent (5 %) of the total bid amount and shall be shown in both words and figures. ® Combined Affidavit and Certification Form (Attachment E) This form must be subscribed to and sworn before a Notary Public and notarized. ® Contractor's Compliance Statement (Attachment F) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. ® Contractor's Certificate of Registration The bidder shall provide a copy of Contractor's current registration with the State of Washington. ® Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. Wender() Product Warranties (Effective for products shipped January 1, 2012 and thereafter) WARRANTY The following warranty is offered by Wenger Corporation to you, the initial purchaser, and is valid for as long as you own the product. This Warranty runs from the date of shipment and warrants that your Wenger product will be free of defects in material or craftsmanship during the warranty period. Our warranty assures you of, at the discretion of our Customer Service Department, either a full refund, or the repair or replacement of the defective product without charge. Just call a Customer Service Representative at 1- 800 - 887 -7145 and state the reason you are dissatisfied. If retum of a product is necessary, your representative will issue a return authorization. This Warranty is your sole and exclusive remedy for any claim against Wenger related to your purchase, use, or ownership of a Wenger product. This Warranty does not apply to damage caused by common carrier, misuse or abuse, alterations to products not expressly authorized by Wenger, nor to components considered to be of a consumables nature such as bulbs, batteries, etc. Wenger does not warranty the matching of color, grain, or texture except to within commercially acceptable standards. WENGER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, EXCEPT AS IS SPECIFICALLY SET FORTH IN THIS DOCUMENT. WENGER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,WENGER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR FOR LOST PROFITS ARISING OUT OF THE ALLEGED DEFECT OR FAILURE OF WENGER'S PRODUCTS. WENGER'S LIABILITY SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE MAXIMUM AMOUNT THAT WAS PAID FOR THE PRODUCT BY THE ORIGINAL OWNER. Wenger reserves the right to make product changes without obligation to incorporate such changes into products previously sold. Some states do not allow the exclusion or limitation of damages or warranties, so the above may not apply to you. This Warranty gives you specific legal rights. You may also have other rights, which vary from state to state. Surety Bond, if part of the sale of equipment to which this warranty is provided, applies only to the first twelve (12) months of warranty for such equipment, and not to any other warranties made by Wenger. The remainder of the warranty is covered by Wenger Corporation. This Warranty does not extend to mechanical or electrical component parts made by others such as: Fans, Lights, Digital Locks, etc. Component parts of this nature are covered under their independent manufactures' warranties. This Warranty does not apply to items that are consumable in nature such as: LEDs, Batteries, etc. PRODUCTS I WARRANTY Music Notation Board Porcelain Steel Markerboards Rubber Tackboard Signature® Risers and Accessories Tourmaster® Risers and Accessories AcoustiCabinets® Storage Cabinets Bookcases Class Piano Workstation Edge"' Storage System Fixed Audience Seating Folio Cabinets footNOTES® Music Rug GearBoss® Shelving GearBoss® Teamroom Lockers (Customizable Wood' and AirPro' '') Music Lab & Expanded Music Lab Workstations Music Library System Music Sorting Rack ORFFgarage® Percussion Workstations Poster/Teaching Storage Cabinet Robe and Uniform Cabinets Small Instrument Storage Cabinet Stereo Cabinet Stereo Workstation UltraStor". Storage Cabinets Wardrobe Cabinet Acoustic Shield Acoustical Panel System Acoustical Shells ovate Forte®. Legacy®, Travelmasterl") Cellist Chair Chair Move & Store Carts Conductor's Equipment (Conductor's Chair. Conductors Podium. Director's Stand, Flex® Conductors System, Note® Conductor's Chair, Folding Conductor's Podium. Preface® Conductor's Stand) Cymbal Stand 5 Years Director's Stand 5 Years Drapery Closures and Backdrops 5 Years Ensemble Stool 5 Years flipFORMS® 5 Years GearBoss® and GearBoss® 11 Products 5 Years Inflatable Acoustical Shell 5 Years lessonWORKS® 5 Years Makeup Stations (Studio®. Backstage®) 5 Years Music Posture Chairs (ConBRiO®. Noto®. Musician. Student. Symphony) 5 Years Music Posture Chair Accessories (Book/Music Storage Rack, Folding Tablet Ann, Sousaphone Holder. Tuba Rest) 5 Years Music Stand Move & Store Carts 5 Years Music Stands (Bravo'•, Classic SOfe.Gig Stand®. Preface® RoughNeck ®) 5 Years OnBoard® TrarSport"' Carts & Podiums 5 Years ORFFmobde® 5 Years Portable Audience Chair (Standard and Premier) 5 Years Pre- Engineered Acoustical Doors 5 Years Rack 'n Roll® Garment Racks 5 Years Rehearsal Resource Center 5 Years Roll -a -Deck® 5 Years Showmaster® Staging 5 Years Showmobile® Mobile Stage and Canopy 5 Years SoundLok® Sound Isolation Rooms (includes VAE® Technology) 5 Years Sousaphone Chair 5 Years Stage Boxes 5 Years Stagehand® Staging 5 Years Stagemobile® Mobile Stage 5 Years StageTekr Staging System 5 Years Staging and Seated Riser Accessories 5 Years Strata® Staging/Orchestra Pitfiller/Tentfloor 5 Years String Bassist/Percussionist Chair 5 Years Stringed Instrument Racks (Celto. Guitar. Stung Bass. TubaiSousaphone, vio1inNiolal 5 Years Studio VAE® Technology 5 Years teacherTAXI® Cart 5 Years Trouper® Staging/Risers and Accessories 5 Years Tuba & Sousaphone Mobile Storage Racks. and Wall Brackets 5 Years Tuba Tamer"' 5 Years Tunable Acoustical Panels 5 Years Upper Deck Audience Seating® Tiered Risers 5 Years Versalite® Staging/Risers/Orchestra Pitfiller and Accessories 5 Years Vision® Staging 5 Years Transform'. Motorized Acoustical Banner 3 Years Transcend". Active Acoustic System 2 Years Adjustable Lumbar Pad for Symphony Chair 1 Year Makeup Station Accessories 1 Year Music Stand Lights (Electric and LED) 1 Year Music Stand Accessories (Hands -Free Page Turner, Side -Mount Extension, Universal Tablet Mount) 1 Year Piano Accessories (Benches, Dollies. Trucks. Covers) 1 Year Platinum Reversible Board 1 Year Rack 'n Roll® Garment Racks Accessories 1 Year High - Density Portable Audience Chairs by Clarin® See http: / /www.clarinseating corn for warranty information 50 Years 50 Years 20 Years 15 Years 15 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 10 Years 5 Years 5 Years 5 Years 5 Years 5 Years 5 Years N:iAdvertPDF\WarrantylWenger Product Warranty pdf Rev.2018-08 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sales Bid, Quote and Contract Authority Certificate RESOLVED, Wenger personnel as outlined on the attached addendums have been authorized and empowered to prepare and submit price quotations, proposals, and bids in connection with the sale of the products of Wenger Corporation and its businesses and to enter in such sales contracts as may be the result of such negotiations, proposals, and bids, and to sign such documents to carry out the foregoing. State of (Minnesota) :SS County of (Steele) Christoph Simpson President and CEO of Wen - Corporation Christopher S. Simpson, being first duly sworn on oath says that he is the President and CEO of Wenger Corporation; that he has read the foregoing certificate, knows the contents thereof and that the same is true of his own knowledge. Dated January 9 , 2017 I, w La ano 1\-1L-D--"latE Subscribed and sworn to before me this 9th day of January LOLA ANN MCDERMOTT NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2020 Corps. Pal - ,v yrF y --yo: rrt l ::oz: .)y • V • n "Illi if MO" Certificate Addendum Wenger Corporation, Corporate Officers, Administration and Manufacturing: Simpson, Christopher S. Unlimited McCusker, Joseph J. Unlimited Wenger Corporation - Up to $500,000: Carman, Tom Jollay, Jeff Kingsley, Jim Madigan, Chris Smith, Mary Ann Wenger Corporation - Up to $300,000: Buttera, Paul Ferch, Michael Forsberg, Andrew Freiheit, Ron Haddican, Lisa Hanson, Stacy Herz, Tricia Hutchison, Eron Ingalls, Mark Meyer, Dennis Nelson, Gregg Probst, Ron Steinbauer, Kim Wagner, Nancy Wenger Corporation Up to Atkinson, Stephanie Barwick, Lori Dietz, Gloria Flemming, Chris Goette, Deb Grunklee, Lori Hollingsworth, Crystal Hrdlichka, Mida Kramer, Maggie Melzer, Susan $150,000: Middlestadt, Jane Orlowski, Kris Stangl, Chris Ulrich, Sherrie Welton, Sasha Wesely, Cynthia Wirtz, Joshua Wenger Corporation - Up to $100,000: Phelps, Brian Thompson, Kari Storjohann, Chris Thompson, Lindsay Certificate Addendum Wenger Corporation, Corporate Officers, Administration and Manufacturing: Simpson, Christopher S. Unlimited McCusker, Joseph J. Unlimited Wenger Corporation - Up to $500,000: Carman, Tom Jollay, Jeff Kingsley, Jim Madigan, Chris (Smith, Mary Ann Wenger Corporation - Up to $300,000: Buttera, Paul Ferch, Michael Forsberg, Andrew Freiheit, Ron Haddican, Lisa Hanson, Stacy Herz, Tricia Hutchison, Eron Ingalls, Mark Meyer, Dennis Nash, Jan Nelson, Gregg Probst, Ron Steinbauer, Kim Wagner, Nancy Wenger Corporation - Up to $150,000: Atkinson, Stephanie Barwick, Lori Dietz, Gloria Flemming, Chris Goette, Deb Grunklee, Lori Hollingsworth, Crystal Hrdlichka, Mida Kramer, Maggie Melzer, Susan Middlestadt, Jane Orlowski, Kris Stangl, Chris Ulrich, Sherrie Welton, Sasha Wesely, Cynthia Wirtz, Joshua Wenger Corporation - Up to $100,000: Phelps, Brian Thompson, Kari Storjohann, Chris Thompson, Lindsay TECHNICAL SHEET Diva® Acoustical Shell Your Performance Partner General • Mobile towers and rows of ceiling panels form a full stage acoustic enclosure when placed together on stage. • Separate air transporter or wheeled mover easily lifts and moves the towers. • Towers nest for storage backstage, ceiling panels hang from rigging and are stored in fly -loft. • Towers and ceilings are constructed from composite, stressed skin panels. • The stressed skin surface of the composite panels can be a 0.25" (0.64 cm) hardwood veneer plywood, or 0.187" (0.48 cm) masonite with either a painted or plastic laminate finish. • Tower and ceiling panel framework is constructed of aluminum. • Door, wing and ceiling panel hinges feature self - lubricating bearings for continuously smooth and quiet operation. • Tower and ceiling panels come in various finishes. Varnished hardwood veneers, a choice of paint colors or laminates are available. • Trim strips on towers prevent backstage light from shining between the panels and may be finished in many ways to complement the shell. Patented designs. Five -year warranty. Environmental attributes and LEED compliance for these products can be found at www.wengercorp.com /GREEN or by contacting your Wenger representative. Because of the component nature of the Diva Acoustic Shell, different configurations may be created by using different numbers of towers and ceiling panels. For instance, fewer towers and ceiling rows can be used to create a smaller shell for chamber music or choral performances. Front View Performance position. Side View Full set of towers and ceiling panels used for a full ensemble. Side View Fewer towers and ceiling panels used for a smaller ensemble. Tower • All towers feature panels with a 5' (1.52 m), 10' (3.05 m) or 20' (6.09 m) radius curve. • Each tower consists of one center panel and two adjustable wing panels. • Towers are available in heights from 16' (4.88 m) to 32' (9.75 m). Custom towers can be as high as 40' (12.19 m). • Lower wing panels can be used as a door as required. • Double doors allow access of large equipment, including concert grand pianos. • Framework of towers and base are constructed of extruded aluminum and steel weldments. • Diagonal bracing between the tower frame and the base distributes weight over several areas of the tower assembly. • Each tower is equipped with a counterweighted base assembly for stability. • A telescoping wing -stay locks tower wings in performance or storage positions. • Extruded aluminum bearings incorporate bronze OiliteE' bearings. • Each tower incorporates leveling adjustment mechanisms. • Towers nest one within another to minimize storage space. • The panel faces may be finished with varnished hardwood veneer, painted masonite or with a plastic laminate. • The back side of towers are painted black. • Five -year warranty. Back View Telescoping wing -stays lock wings into performance and storage positions (A). The door lock (8) and door handle (C). The counterweighted base (D) provides shell stability when shell is stationary or being moved on stage. The shell rests on leveling pads (E) for uniform set -up on uneven floors. 4'9" (1.45 m) first tower, add 1' -Y." (31.12 cm) each additional tower. Top View Showing how Diva Towers nest together in the storage position. minimizing required storage space. Shell Ceiling Panels • Shell ceiling panels have either 5' (1.52 m), 10' (3.05 m) or 20' (6.09 m) radius curves and are available in various single or triple configurations. • Ceiling panels store in a vertical position, and rotate to pre -set, adjustable performance angles. • Ceiling panels are balanced so that each row requires no more than two people to deploy. • Shell ceiling panels feature an integral aluminum alloy truss and hang from stage rigging pipe battens. • Ceiling panel truss features an ETL rated integral raceway so separate plug strips are not required. • Extruded aluminum hinges incorporate bronze low friction acetyl bearings. • Integral ceiling light fixtures are optional. • Ceiling storage profile can be as little as 13.5" (34.29 cm). • The back side of ceiling panels are painted black. • Five -year warranty. Ceiling panels with built -in truss hang from stage rigging. Ceiling panels feature the option of integrated Tight fixtures. Ceiling panels easily tilt into storage position. Adjustable preset (A) allows shells to rotate back to exact performance angle. Rear View of a 10' (3.05 m) radius ceiling panel. Tower Transporters • A separate air transport unit makes lifting and transporting the towers an easy job. • A cushion of air carries most of the tower's weight, which prevents damage to stage floor. • Moves the tower easily in any direction, so it is easier to position. • Requires standard 110 -volt 15 amp circuit. • A wheeled mover is also available. • Five -year warranty. 1 -1/4" (3 cm) Diameter Round Steel Tube Push Handle Steel Tube Frame Assembly Air Beam Assembly Lower Hand Lever and secure under the Hook to raise the Tower 1 -1/4' (3 cm) Diameter Round Steel Tube Push Handle Lift Brackets engage Lift Brackets engage the Tower Leveler the Tower Leveler Assembly Assembly Air Transporter Wheeled Mover 6" (15 cm) Diameter x 2' (5 cm) wide Swivel Casters The Air Transporter lifts majority of the tower weight and maneuvers shell in all directions for exact placements and easy mobility to and from storage. WENGER CORPORATION 555 Park Drive, PO Box 448 Owatonna, MN 55060 -0448 Phone 800.4WENGER (4916437) Fax 507.455.4258 Customer Service 800.887.7145 WENGER CORPORATION CANADIAN REPRESENTATIVE OFFICE Phone 800.268.0148 WORLDWIDE Phone 507.455.4100 Fax 507.774.8576 WEB SITE wengercorp.com US /C/I/08- 2014/W Attachment G PUBLIC WORKS CONTRACT FOR FEDERAL WAY PERFORMING ARTS AND EVENT CENTER ORCHESTRA SHELL THIS PUBLIC WORKS CONTRACT ( "Contract ") is dated effective this 1 -7 day of 2017 and is made by and between the City of Federal Way, a Washington municipal corpo ion ( "City or Owner "), and Wenger Traffic Corporation, a Minnesota ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the offsite manufacturing of an orchestra shell for the Federal Way Performing Arts and Event Center and subsequent installation of same into the facility located at the intersection of Pete Von Reichbauer Way S and S 314th Street, Federal Way, Washington ( "Property"); and B. The Contractor has the requisite skill, experience and qualifications to perform such work. NOW, THEREFORE, the parties ( "Parties ") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Federal Way Performing Arts and Event Center Orchestra Shell project, including without limitation: • Preparing shop drawings of the Orchestra Shell for review and approval; • Manufacturing of Orchestra Shell; • Delivery and installation of the Orchestra Shell into the facility; • Training of owner on the use and deployment of the Orchestra Shell. The ( "Work "), in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Agreement attached as Exhibit C, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit D, Certificate(s) of Insurance Form attached hereto as Exhibit E, Performance / Payment Bond attached hereto as Exhibit F, Title VI Assurances attached hereto as Exhibit G, Special Provisions attached as Appendix A, Standard Plans and Details attached as Appendix B, current Prevailing Wage Rates attached as Appendix C, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents "), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before July 14, 2017. In the event the Work is not substantially completed within the time specified, Contractor agrees to City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 29 2016 RFB ver. 4 -16 pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "A." 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 30 2016 RFB ver. 4 -16 If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation 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 July 14, 2017 to complete, and the expiration of all warranties contained in the Contract Documents ("Term "). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within five (5) years 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. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 31 2016 RFB ver. 4 -16 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed Four Hundred Three Thousand Four Hundred Fifty -Nine and 00/100 Dollars ($403,459.00), which amount shall constitute full and complete payment by the City ( "Total Compensation "). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement attached hereto as Exhibit "C." No payments shall be made by the City from the retained percentage fund ( "Fund ") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty - five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 32 2016 RFB ver. 4 -16 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with, and shall not violate any of the terms of, Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 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 Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit G. 6. INDEPENDENT CONTRACTOR /CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. 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 Contractor 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 Contractor is not in breach of any of the provisions of this Contract, Contractor 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: City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 33 2016 RFB ver. 4 -16 (1) If the Contractor should be adjudged a bankrupt. (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor 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 Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. (9) If Contractor should persistently disregard instructions of the Mayor or his or her representative. (10) If Contractor 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 Contractor and Contractor 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, Contractor 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. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 34 2016 RFB ver. 4 -16 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, 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. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 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. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 35 2016 RFB ver. 4 -16 (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "E," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self- insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self- insured retentions. 9.6 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. 10. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA /WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor 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 Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 36 2016 RFB ver. 4 -16 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). On Federal -aid projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix C. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix C. The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296 -127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) 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. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" 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. 11.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L &I, the Contractor shall submit to the Engineer 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 contractor 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 Contractor shall be responsible for requesting these forms from the State L &I and for paying any approval fees required by State L &I. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 37 2016 RFB ver. 4 -16 1 Certified payrolls are required to be submitted by the Contractor to the City, for the IContractor 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 I for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and 1 binding on all parties involved in the dispute. 12. FAILURE TO PAY SUBCONTRACTORS 1 In the event the Contractor 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 I the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 13. OWNERSHIP OF DOCUMENTS All originals n and copies of work product, including plans, sketches, layouts, designs, design I specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 1 14. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or 1 prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written Iapproval of the City. 15. BOOKS AND RECORDS 1 The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper 1 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. 1 16. CLEAN UP I At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, I the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 1 1 City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 38 2016 RFB ver. 4 -16 17. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by Chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by Chapter 70.87 RCW, if applicable. 17.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 17.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 18. GENERAL PROVISIONS 18.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 18.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 18.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 39 2016 RFB ver. 4 -16 18.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 18.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 18.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 18.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 18.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 18.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and /or performance of this Contract, this Contract may be rendered null and void, at the City's option. 18.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 40 2016 RFB ver. 4 -16 DATED the day and year set forth above. CITY OF FEDERAL WAY By: ATTEST: 'tip ►1 t -4 JS ephanie Cou ney, C C, City Clerk APPROVED AS TO FORM: o, /Ryan CaII, Act-iftt City Attorney Im Fer ell, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 Wenger Traffic Corporation By: STATE OF MINNESOTA ) ) ss. COUNTY OF STEELS ) Mary Ann Smith Principal Director of Finance 555 Park Drive Owatonna, MN 55060 On this day personally appeared before me Mary Ann Smith, to me known to be the Principal Director of Finance of Wenger Traffic Corporation 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 a.l day of fV\a.c -cln , 2017. LOLA ANN MCDERMOTT NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2020 44t\ Ili Lola. P nr► M' VJermaft (typed /printed name of notary) Notary Public in and for the State of Minnesota. My commission expires o I- 3 I- ao a City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 41 2016 RFB ver. 4 -16 EXHIBIT A NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 42 2016 RFB ver. 4 -16 1 1 1 1 1 1 1 1 1 1 1 1 Date: ❑ Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Contractor's UBI Number: Name & Mailing Address of Public Agency UBI Number: Department Use Only Assigned to: Date Assigned: Notice is hereby given relative to the completion of contract or 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 Te ephone # If Retainage is not withheld, please select one of the following and List Surety's Name & ❑ Retainage Bond ❑ Contract/Payment bond (valid for and Number. federally funded transportation projects) Name: IBond 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 ❑ 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 $ 0.00 $ TOTAL $ 0.00 Liquidated Damages $ Amount Disbursed $ Amount Retained $ NOTE: These two totals must be equal TOTAL $ 0.00 Comments: 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 Public Works Section (360) 704-5650 PWC @dor.wa.gov 0 Washington State Department of Labor & Industries Contract Release (855) 545 -8163, option # 4 ContractRelease@LNI. W A.GOV REV 3I 0020e (10/26/15) F215- 038 -000 10 -2014 Title: Phone Number: Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902 -9450 publicworks@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: 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 B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is n Unchanged I 1 Increased Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? Yes 11No Yes I 1 No PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QUANTITY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEM ENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materia /s, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S DEPT. DIRECTOR /MANAGER DATE SIGNATURE SIGNATURE City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 43 2016 RFB ver. 4 -16 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT ❑ INCREASED $ ❑ DECREASED $ $ DEPARTMENT DIRECTOR'S SIGNATURE City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 44 2016 RFB ver. 4 -16 EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT Bid /Contract Number City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 253 - 835 -7000 IDENTIFICATION AND DESCRIPTION Project Title fiecl a ( t \kl4 Contractor�encte� T,rcz �c Bid No. City Representative Project Authority PQcbrmi Arls Q nd £ vetrf. Ce✓ ter Representative Mary Ann Smith Date Administering Department Funding Source RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions to invest of 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: Phone: Fed ID #: Est. Completion Date: Contact Person: Date: Title: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Finance Director Date 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 RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 45 2016 RFB ver. 4 -16 EXHIBIT D NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: pae,iRc NctkWest Ca rig ev14rS U v> > o v, (Name of Union or Organization) The undersigned currently holds contract(s) with Cciy OP Fe det^a( Wa involving funds or credit of the City of Federal Way, Washington, or (a) subcontracts' with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way Performing Arts and Event Center Orchestra Shell RFB ver. 4 -16 EJ Walsh, P.E., Deputy PW Director /PAEC Project Director City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Page 46 Mary AA14 Mil' 111 Wenger Tcaeck, CorpOraton (Contractor or subcontractor) 43 -kt- ao0. Date RFB # 16 -012 2016 EXHIBIT E CERTIFICATE OF INSURANCE City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 47 2016 RFB ver. 4 -16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ACORO® Exhibit E CERTIFICATE OF LIABILITY INSURANCE DATE (M M /DD/YYYY) 03/28/2017 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 Marsh USA Inc. 333 South 7th St., Suite 1400 Minneapolis, MN 55402 -2400 Attn: mpls.certrequest @marsh.com Fax: 212 - 948 -0114 017885 -MAIN- ALL -16-17 INSURED WENGER CORPORATION WENGER TRAFFIC CORPORATION 555 PARK DRIVE OWATONNA, MN 55060 162429 CONTACT NAME: PHONE (A/C. No. Ext): E -MAIL ADDRESS: FAX (AIC, No): INSURER(S) AFFORDING COVERAGE INSURER A : Hartford Fire Insurance Co INSURERS : XL Specialty Insurance Company INSURER c : Trumbull Insurance Company INSURER D : Twin City Fire Insurance Company INSURER E : INSURER F : NAIC s 19682 37885 27120 29459 COVERAGES CERTIFICATE NUMBER: CHI - 007028445 -10 REVISION NUMBER:4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM /DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 83CSES33700 12/31/2016 12/31/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE PREMISES (Ea occurrence) $ 300,000 CLAIMS -MADE X i OCCUR MED EXP (Any one person) $ 10,000 X CONTRACTUAL LIABILITY $ 1,000,000 PERSONAL & ADV INJURY GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE P0UCY OTHER: X LIMIT APPLIES JET PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X UABIUTY ANY AUTO ALL OWNED HIRED SAUTOS ^ X SCHEDULED AUTOS NON-OWNED AUTOS 83ABS33703 12/31/2016 12/31/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (PeOraEccidentDAMAGE $ Comp /Coll Deductibles: $ 1,000 B X UMBRELLA LIAB EXCESS LIAB X I OCCUR ! CLAIMS -MADE US00064735L116A 12/31/2016 12/31/2017 EACH OCCURRENCE $ 6,000,000 AGGREGATE $ 6,000,000 $ DED X RETENTION$10,000 C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? ( N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A 83WNS33702 (AOS) 83WBRS33705 (W) 12/31/2016 12131/2016 12/31/2017 1213112017 X PER OTH- _ E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT r $ DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: WO# 1624298; FOR: FEDERAL WAY PERFORMING ARTS AND EVENT CENTER, FEDERAL WAY, WA; CITY OF FEDERAL WAY THE CITY, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS IS/ARE INCLUDED AS ADDITIONAL INSURED UNDER THE GENERAL LIABILITY AND AUTOMOBILE POLICIES AS REQUIRED BY WRITTEN CONTRACT OR AGREEMENT. WAIVER OF SUBROGATION APPLIES UNDER THE GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS' COMPENSATION POLICIES A: REQUIRED BY WRITTEN CONTRACT. GENERAL AND AUTOMOBILE LIABILITY COVERAGE IS PRIMARY AND NON- CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. RTIFICATE HOLDER CANCELLATION CITY OF FEDERAL WAY CITY COUNCIL CHAMBERS 33325 EIGHTH AVENUE SOUTH FEDERAL WAY, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee _.T*tix' ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORO® AGENCY CUSTOMER ID: 017885 LOC #: Minneapolis ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Marsh USA Inc. NAMED INSURED WENGER CORPORATION WENGER TRAFFIC CORPORATION 555 PARK DRIVE OWATONNA, MN 55060 POLICY NUMBER CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER. 25 FORM TITLE: Certificate of Liability Insurance HARTFORD WILL PROVIDE 30 DAYS NOTICE PRIOR TO CANCELLATION OR NON- RENEWAL FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY AND WORKERS COMPENSATION PER ATTACHED ENDORSEMENTS. UMBRELLA LIABILITY PROVIDES FOLLOW FORM AND EXCESS COVERAGE OVER AUTOMOBILE LIABILITY, GENERAL LIABILITY AND EMPLOYERS LIABILITY COVERAGES. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wenger Corporation Hartford Fire Insurance Company - Policy Number: 83ABS33703 December 31, 2016 to December 2017 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT Teis endorsement modifies insurance prc idee under the following' BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement pro'v;de broader beeeets to the "insured" than other provisions of the Coverage Farm; the p cvieions of this endorsement apply, 1. BROAD FORM INSURED A. Subsidiaries and Newly Acquired or Formed Organizations The Named Insured shown in the Declarations is amended to include: (11 Any legal business entity other than a partnership or joint venture. formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However. the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Nanied insured does not include any newsy formed or acquired organization: (a) Thai is z partnership or j:,int venture, tE -r That t is an "insured' under any other pdiey. i:1 That has 'r'.xrar.stee IFS? Limn o. ! i<it'r trfc t i;; grief any t,!t'e r rx:' • ' . nl 160 revs or n ore. aeo fits Frei- eileri'ee Gi' fril .,.! .'.:.In by you: ur•t ese '',"Jr., 1: el! '_s r -.. ,:;:N :ii ttlss ,a<:43Lr; ;.o .1" t' :r eeiatieli. "poio :fi dorm e' !het aere'I E free? an "accident" thet :iceiered before you loured or acquired tine or artrzaiion. B. Employees as Insureds Paragraph A.1. - WHO IS AN INSURE() - 01 SECTION r1 - LIABILITY t.O1'FR.A.GF is :rnee'ued t') Fed':!: Form HA 99 16 03 12 d. Any "employee' of yours while using a covered "auto' you don't own, mire or borrow in your business or your personal affairs. C. Lessors as Insureds Paragraph A.1. - VVHO IS AN INSURED - of Section 1I - Liability Coverage I9 amended to add: e. The lessor of a covered "auto" while the 'auto" is leased to you under a written agreement if: ) The agreement requires you to provide direct prirnary insurance for the lessor and (2) The "auto" is leased without a driver. Su;h a leased "auto" will be considered a covered "auto' you own and not a covered ",auto" you hire. D. Additional Insured if Required by Contract Paragraph A 1. WHO IS AN INSURED - of :section !f • Liability Coverage is amendeo to add'. f When you 'rave agreed.: to a written e'x it."are or written agreement: that 2: r:a,rcn !)' er :iniPar:gr- yc s.]a' d ut :t: V% 0;nifh)" al ineii e° i) yt.ct Ii:Js r:e'a'. retie r- •7li�y, S:.i:.h per •r or :)r`ic:1•,'s: tti"e L an " it. ?u Tele eel ere- the ,:reed: 1; ice ;lee see or r:r.;, ilzr.iti::r !i' .ry" l er :c t;.' den .alec.' etie :o ee tee e;.,iiduet of a" "'ri511111tr i:'-'idF ;vYF,r.ifirrlf'hSi . -.. or b r f V ho is An ineuree 'l;ilf re' aee to the re ;pershio, tnsintenence or use of a r:nvereCi ":.i:lio.' ,1.2; ij ! ?. The j !,;riferti ei'r;,'lude.e i....opyr1,:rfeed i; ":ia:i'! i! of 180 Pr!:; •edits, Inc. '/till`: its r errrie _.'iii Page 1 of 5 Wenger Corporation Hartford Fire Insurance Company Policy # 83ABS33703 December 31, 2016 to December 31, 2017 frte insurance afforded to any stch additional insured applies only if the "bodily injary" cr "property damage' occurs: (; l Durr4i13 the policy period, and ;2i Subsequent b the execution of suth writto't contract, and . Prior tc be expiration of '.tie porno cf time that the wr Eter contract requires Stich insurance ue provided to tie aciditiorat insured. (2) How Limits Apply If you have agreed in a written ccotract or written agreement that another person or crganzation be added as an additional insured on your policy, the most we will pay on behalf cf such additional insured is the lesser of: (a) The i:mits of insurance specified in the written contract or written agreement: or (b) The Limits of Insurance shown in the Declarations. Such amount shad be a part of and not in addition to Limits of Insurance shower in the Declarations and described in this Section. (.i ) Additional insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may atso be covered by other insurance available to an additional insured, such additional insured must submit such claim or "Sint" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a ritten contract or written a:reetneut that this ir`su an:ie iu trtirnary arid non. nontribi.n r-y wail the a.dr'i•tionel irns;ired's t 4.LT. inset: i•1nne. (its :!hiss rl.e Even' r)i A : :ide'.'n Suit c:t 1 2st: el f!',•. f nr %1r:9 ::itr r:!:!!: •y' it otr icle,.. td ::^t' :31'E :'.i written a!?n:lf:'i`ant: tr i atioti . i oiparie.,P"iOr b.F rt R "1 ime. 4,kid uC. '•' i1:! :1(,I oy, the alt aKis)!ts3i irisu:'u.' °shai; ?ir rk'quir .i tU (i tr..ply with trle nra'risirr.L ii-t LOSS CONDITIONS '2 - D:;11ES iN THE EVENT OF AC:: ".:DEN r. CLAIM , SU'•T OR LOSS OF SECTION iv -• EitiSlNES AUTO Cr)N7ir:OI'dS, in ttne S'c3!"'•e rnitnnar 4s ti"in i Fort: HA 99 1 t+ 03 12 E. Primary and Non - Contributory if Required by Contract Only with respect to insurance provided to an aridtt or al Insured in 1.D. - Additional Ensured it Requires by ";c,i °trait, the f lowing provisions apply (•i) Primary Insurance When Required By Contract This insurance Is p:rt'iay if you have ::.,greed in a written contract or written ae-reeme.nt that this insurance be nnn'1ary. If other insurance is also primary, we will share wt': al; that other insurance by The rtethoo described in Other Insurance 5.d. Primary And Non-Contributory To Other insurance Wnen Required By Contract If you have agreed to a written contract or written agreement that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (3) and (4) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess: we wili have no duty to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that 'suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. Wrien this insurance is excess over other nSUrartCe. wt Will pay only our Snare of they amount of the loss, if any. that oxceed:, the sibs (4; of. (1) The total amount ttiat call surf -; omen, inFiurarlt"ee ': esuid pay For to the tibsr4rtt:e of fits rrstrrarrce. acid (+) 111° toto: r ?l all dedu.:tfoie a:1 :1 ';.eif-ritsured t■r,t•Ount.;. ur•tr,'' ,aif tha': ot're'' ilt xsi'. :u1�.e. '>tiii i 5, .1t 4' `hi; •- 'r i•ii'.ir.G; S i 1 tha rnl''r i a r'.'il,e3: it Oiher ?. At.; tos REATE.i:? try E: MPl,.DYEES i c11., "a .'4•: rr..'•n: d t }yy y :.1t "e;':`it:t4'iein i7t :sir oef".at' s;'ori.s deed an "Kilo' yois hire. The arFiER !NSUR.ANC E. Condition is amended aril " ^g t'xi rofic /vying. 4)217 t f :aincitIcte'r: cop./11' 113u of ISO Properties Inc.. ta'c't it pens•.' ;son :: Page 2 of 5 Wenger Corporation Hartford Fire Insurance Company Policy # 83ABS33703 December 31, 2016 to December 31, 2017 if an "employee's" personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your be'aff and at your direction, this insurance 'btl3 rae prritery to the "enieloyee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does net aoply if you have workers' r enpensatiorr rr:surance in -force covering ell of yoi.ir "employees ". Coverage is excess over any cater co'fectiaie insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If *eV "autos" are covered " autos" fur Liability Coverage and if Comprehensive: Specified Causes of Loss. or Collision coverages are provided under this Coverage Form `cr any "auto" you own, then the Physic-al Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: ( ?) $100.000. (2) The actual cash value of the damaged or stolen property at the time of the "loss ": or The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions: we will provide coverage equal to the broadest coverage applicable to any covered "auto" you ova 9'1� ire9Jl also ' o'-:e: io 7 7 ab ,Ise of the hirerl "auto" if it results from an "ar.Cident ". you are riebh and the lessor ::cr.!Jal fir< nc' :al U :c: scbi ir:r tot e roe.[ n;. :ri1 •',C ,'i�1r ; :.J Jfi "aix.lven; " r t,.- rliiorr 1.•;c r,f 4 4 tior :. i no, apply I:. r auto' y:. a !t :'f: o!' ',der ow fici T1 a.ray+ of jot.. 'art'pk i er, '. F +:•trfcit''F' 1 if ti it: are c 1.:e''131err eee ) rar-i • +boot of .,./c.: i:tr& ;r +i•riie'. J(i'._Til:ty corrlt+6r1L ). or members rs o'tl,eil households. ids. (3) Form HA 99 lb' 03 12 5. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. of SECTION Ili -- PHYSICAL DAMAG.E COVERAGE is amended l; ;;tovide a limit of $50 per day and a maximum tint :t of 51,000_ 6. LOANILEASE GAP COVERAGE Under SECTION 1H - PHYSICAL DAMAGE COVERAGE. in the event of a totai "loss' to a covered 'am". we wiil pay your additiona' legal obligation for any difference between the actual cash value of the `auto' at the time of ale "loss" and the 'outstanding balance" of the loan/lease. "Outstanding balance" means the amount you cwe on the ioanrlease al the time of "loss" less any amounts representing taxes; overdue payments: penalties, interest or charges resulting from overdue payments; additional mileage charges: excess wear and tear charges; lease termination lees; security deposits not returned by the lessor; costs for extended warranties. credit life Insurance. health. accident or disability insurance purchased with the loan or lease: and carry -over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION lit - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does riot apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs 8.4 - EXCLUSfONS - of SECTION III - PHYSICAL DAMAGE COVERAGE are replaced by the following: E-xelusioris 4.c. rind 44. de not epple ro equipment designed to ioe operated SUieiy by tine i:" tho power i, ^.:iii'. the "auto's" Z`;i: i ?r :rtr of e. r i4 r t'7 I'r+ ?IT.y; iu'!tlj! •r'iSTriIie ii'i ::r' t�jJ041 °.r-' errrrr�c.4 ter': kt,riluvable fcirn ri housing 'i :iii '.6fi!r1 i r y;e1 mar eritf'; ir`5 sUei. t': l;r u ,r.1ri tho C.Leyred "su;c: ,(r'r integrai ptlrt o thre same ddelt t'!. -Jsinu any electronic e q..t :i)rr:C rat esci itrej rr' Prlri•J.y p)t nit t 1) and 12) ab ,ve; or '?'i1 .'rho: , oar y' iigtri't d n1aterial of I 3() Pr ooerrie.r.. ;, inc.. with le perrn :eeioe.) Page 3 of 5 Wenger Corporation Hartford Fire Insurance Company Policy #83ABS33703 December 31, 2016 to December 31, 2017 (4) Necessary for the nornai operation of the covered "auto" or the r•ionitorieg of tee covered 'autos" operatirg system. b. Sereior i!i ._ Version CA 00 01 03 1 0 of the Bushes: Aulc C;c erage FErrn•., Physical Dernage Coverage. Limrf of insurance. Paragraph C.2 am'.' Noisier, CA 00 01 10 01 of ;tie Business Autc Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the renewing: $1,500 is the most we will pay for "toes" iii any one 'accident' to all eiectronie equipment (other than equipment designed soteiy for the reproduction of sound, and accessories used with such eqeipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss ". is: (1 ) Permanently installed in or upun the covered "auto" in a housing, opening or other location that is not normally used by the ''auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto ", should loss be limited to electronic equipment only, our obligation to pay for, repair. return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations. cr S250. whichever deductible is less. 9. EXTRA EXPENSE BROADENED COVERAGE Under Par:,grarie A, - COVERAGE - of SECTION I #; - PHYS'CAI DAMAGE COVER'A(E, ,ve 4;41 ee fel tee ever-se cf''etu:r:megg .3 stile ! ^.•ve' +'y:i "elec. to •.c-u. 10. GLASS REPAIR . WAiVFP OF DEDUCTIBLE Uteer F`e:err=ph U. ElLE't .;sft:-;. ►. of. See eee0Pi 11 eeYeleeke LIA.V. to CietV . R,eeF. tees `s'kb L:eea,Kftsia apptiet to ..?low. dame,ge it etc glass Is rep aired rattee than rr:r a':,ed. 11. TWO OR MORE DEDUCTIBLES Uncle- Paragraph re DEDUCTIBLE - of SEC l3OPd - P :i`'Sr:A.!.. OAAAOE C :CiVEIA(4 the t:rilc.rYir;a .:s acs•. eel Form HA 99 `R e312 if a.tother Hartford Financial Services Group, Inc.. company pulley or coverage form teal is nut an automobile policy or coverage fore; applies to the same "aceedcnte the foltcwi- q a,.rolies: (•l f t°` the ieductilee ismer l e: Business Auto Coverage Fora. is the simile, (Or s- na!Iese deductible, it wve be waived; (2) If the rled.ictible ureter this Business Auto Coverage Form is not the smaller for smallest) deductible, it will ne reduced by the amount of the srrralte- or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACC #WENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT.CLAN, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies one* when the "accident" is known to: (1) You. if you are an individual: (21 A partner, if you are a partnership; (3) A member, if you are a limited iiabi#ity company: or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO • COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POi_ICY PERIOD. COVERAGE TERRITORY - of SECTION iV - BUSINESS AUTO CON[?: s 1ONS is replaced by the following: e. For short -term hirec: "autos ", the noverage hemtd?r y :grill respect to . ieeility Coverage is r.nvweere it fee .vreld provided that if tee `rn4Grl4e; s i•F•5o'JnS :I :e!'iy %.;? rriJ 0fan ?r'.!i1i :'a li;r ..T? :F':ay, !n uiy" et "ere-Ayer tinrilege is d ot. :2elireet p a 'DUI`.' 'r e% " : :t l :' is i'1rt:i;;th: ii • U: ieei! elates :;. Are :ca. the brit' it:Jees ;led ')l).:sessees f. t:,i et-dee etete`.a air :eeree, ;era ►tu Pin • r vranede it'it. Weft UK: agree .o. 15. WAIVER OF SUBROGATION 't'RI-kN5FE OF RIGHTS OF RECOVERY .AGAINST CTHE 1S TO US - cf SECTION !`,, - BUSlNESS Al..; TO CONDITIONS is anleridail by c+(luiig the foil rr.Oriq, Ce 2011, 1:<:s `both f( (Ireluees.,',i:, ?';rreeetee rr,atelin! Of ISO DroPtfrtie i :r :.. r,ifh or, ir!'eeisaien.' Page 4 of S Wenger Corporation Hartford Fire Insurance Company Policy # 83ABS33703 December 31, 2016to December 31, 2017 We waive any right r)f recovery we may have against any person or orga;izaticn with whom you nays a written contract tha` requires such waiver because of payments we make for dan°:3rtes um.ter th;s Co'rr3rege Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "?tardily initey" ? "r SECTiON V- DEFINITIONS is replaced by the following: "i•3odi•y injury" :r.•eens bodily injury. siciness or disease sustaine.d by any person, including mental argaish or ciesth resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as fcilows: If we ca?Tcel for any reason other than nonpayment of premium. we Wit anal? or delver to the first Named `nsureo written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non- hybrid" auto for which Comprehensive: Specified Causes of Loss. or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are attended as follows: a.lf the auto is replaced with a 'hybrid" auto or an auto powered solely by electricity or natural gas. we will pay an additional 10 %, to a maximum of S2,500, of the "non - hybrid" auto's actual cash value or replacement cost, whichever is Tess, b.The auto must be replaced and a copy of a bill of sale or new lease agreement. received by us within 60 calendar days of the date of 'loss." Form HA 99 16 03 12 c. Rega rd Uess of the ,umber of autos c: eented a total loss, the moot we wit, pay under this Hybrid. Electric, or Nat_iral Gas Veh,de Paymert Coverage provision for any one "loss" is : 1i: C4 ;. For the purposes of the cavo• "irge piOviSii }rt, a.A 'non-hybrid' mute is derinec as an auto that uses CnI' ao internal combustion engine to move the auto but (toes not includi, autos newered so:ety by elecricity or nature! gas. b.A 'hybrid' a.no is defined as an auto with an interned combustion engine and one or more electric motors: and that uses the internal co'nbust on engine and one or more electric motors to stove the auto, or the internal combustion engine to charge ore or more eieetric motors. ,v rich move the aeto. 19. V£HICLF WRAP COVERAGE in the even: of a total loss to an "auto" for which Comprehensive. Specified Causes of Lass, or Collision coverages are provided under this Coverage Fora:, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto ", we will pay up to 51.000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total Toss. Regardless of the number of autos deemed a total loss; the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5.000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. •2C 1 i ! ;.. veep t. l .. .. .'i: t:b t :�titfrleri jtil. ".,if,•,,: ,. . : ;1,><i ?;�E.t:'rs : :trlit :ries� of ISO Pr"oper.les, !ec ; ktlrtt? ;Is ; 'rr ?t :SSiort_', Page 5 of 5 Wenger Corporation Hartford Fire Insurance Company - Policy #83CSES33700 December 31, 2016 to December 31, 2017 have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof. of yoeie which is a le:;,cliy incorporated enfty of which you ovvn a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsid':ar yr not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form. other than a partnership, joint venture or Limited liability company, and over which you maintain financial interest of more than 50 % of the voting stock, will qualify as a Named insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period. whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage' that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law. any Person is an insured while driving such equipment along a public highway with your permission. Any other person er organization resaonsible for the condur:t of such person rs also an insured, but only with respect to liability arising out of the operatroe of ttte equipment. F le oor.: if no )theN. it?SUrartCfi of ui "r I1Ci r a21r i's. :fides Ft: ftti the liability. However, r'•: osi':.or or :'• gar'i'aL.i•. r' i' ee i etir.•`.• :l ieiti'i {eseed to: r "l?ediy :ejur-,+a '.ti:L '.1 :,.- ''r'rplcyte,,., " ,,r 'tie Griviitc ties ;itner t, -tr b, "Property d3ra'i;Yy•' t F • " :rliP "'; o ittr?b'1y, ier,i[,d to ii'. tee ce anal? Ur or i)o+:.:/p 4ey f C.Li '1t• hie t ?r .ft Io :iyr of arty pe-rsort Mae is an insured uncle- th.F r:•rr ision. raege 10 of 1 p 5. Ncnowned Watercraft With respect to watercraft you do not own that is ess than 51 fee long and is not being used to carry persona for a charge. any person is a'ao in :surcei while operating such watercreft with sour permission. Any other person or orgenlea1ori responsible for € *e conduct of such person is also ar insured, bit only wit's respect to liability arising out of the operation of the watercraft. and .nilrr it no other insurance of any kind is available to :'par person or organizat;or: for this liability. However, no person or organ: ::ration is an insured with respect to a. "Bodily in;ur y" to a co- "employe& of the person aperatrng the watercraft: or b. "Property damage" to property owned by. rented to. in the charge of or occupied by you or the ernproyer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or politicaai subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement_ A person or organization is an additional insured under this provision only for that period of tirne required by the contract or agreement. However, no such person or organization is an insurect under this provision if such person or organization is included as are insured by an enrtorserrent issued by us and made a part of this Coverage Part. a. Vendors Any peroo: {s) or organization(s) (referred to below as 'vendor). but only with respect to "bodily injury" or 'properly damage" :)rising out of "your products " vesich aiee distribut +::C ce sari in gle. r. :CJlira'' [i'.iirse Cti ttty er for s busirie:.s a'inrf only if trot Coverage Pert pesediee ' :eriNei;'! <cr. "hediij 'n(i:re" or '000peoy deen..rC" rr'' :k.','t. I ''fill' rt tee 1'cd..rf_t."... 1,,/n1;:441:1: CIXI:ratiOrM tit inn 1:1:;, ±.'.a` "GM a'"cr e the y. :.'•4or is ;cit,'f'Ct qt f allovarc , <;1 : :', i• :; y rl �xcit : i : r <:. 1:1r, in ,..rrntx :et L::ir r^ ',r11 apply to: fa) ' Leauii4. eit_ir ti's Cr: ''l '" p!.:)riy tar• race : e ''.'t ch' the vendor is r+tiquete j .try pay ea ^]ges by reason of the issueneIro•t .i liability in a rontreur. or aareenient !tie eserusitm fires r?.-:t apoi': to liability for o:"sr? -eee`i ii :;t the 'eericic'r would hair`- it ti:ri Ficer?'tco .:` . r:' fa;irt•.ra':;t c. .,Jrc0 ri)ertt. t iG 00 01 06 05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Wenger Corporation Hartford Fire Insurance Company - Policy #83CSES33700 December 31, 2016 to December 31, 2017 f. Any Other Party Any other person or organization who is not an insured urea: r Paragraphs a. through s. a!:ove, but only Frith reepere to l!abrrity fcr 'bor.fi!, infi.iry'', 'property damag e" or "pers:rr al and advertis nci injury" caused, in :Yhoie or in part, by your acts or oeessioes or the iacth or omissions of those, acting cn your behalf: (1) in the perk:a -lance of your ongoing operators; (2) 'n connection tv!il" your premises owned by o'• rented to you: or (3) In connection will "you' work" ane included within the "products- completed operations hazard". hut only if (a) The written contract or agreerrent requires you to provide such coverage to such add'tionai insured: and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury ". "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render. any professional architectural, engineering or surveying services: including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions. reports, surveys, field orders, change orders or dravrings and specifications; or (2) Supervisory, inspection. architectural or engineering activities. -fete limits of insurance that apply to additional insureds under this provision is described in Section 111 • Limits Of Insurance. How this insurance applies v./h:en other insurance: is available to the addittonat insured is deer ait?er: in the Other .neuran :.e Condi :ore in Section, IV - C. nmert'.ial U neral Liebi lay Condiik,ne. No i:E ;:rio.' r•r :ir�•0r.ftn`:i0tl if. if' it &1 :r •if: .NISI? :'f :141,... 10 thu :.., 'WO t►.:ii:y cerrent c: 'ast t;ii:"tr esrse a ;erre .0r-earwig (j Ilrclitc'ti li ^t'.lit't ei.enpar:y' ii':'iii not Mown ,3 Plana) InSi.X:C i :hr: !"�1t goat ar1r,. Sf"::110N 31-- LIMITS OF iNIY.IRMICE 1. The Most We xiir Pay Tee eeni'fr of 'risurcinoei. }sail },1•ri :'r tile. la eleri t : :: es tr'•e rules bek)ot. :'R the inn ?''st. we',via p:..y :•;yard +les': of the nunib,,r. ot. a. insureds! b. Claris 37tad' or 'suits' brougit or c. Persons or organizations making claims or brir.ging 'suits ", 2. General Aggregate Limit Tee Giartsrsl f+5ci' ~.Matto in,i? _; tt„. -nos: pey fer the strrl' at• a. Medical expens s elder C:vvGraye C: b. Damages under Cr,;vet-tge A, exeepl damages because of "bodily injury" r,' "property damage' included in :ne "prieriucts-cce 1pietecl cpoialions hazard's; and c. Dar"ages urder Coverage B. 3. Products - Completed Operations Aggregate Limit The Prodruc!e- Cortipleted Operations Aggregate Limit is the most we will pay Linder Coverage A for damages because of "bodily injury" and property eamegee' included in the 'products-completed operations hazard ". 4. Personal and Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the trios! we will pay under C.neroge B for the suer of all damages because of all "personal and advertising injury" sustained by any one person or organization. 5. Each Occurrence Limit Subject to 2. or 3. above. whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A: and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while reeled to you, or in the ease of dernage by fire. lightniru or explosion. while rented to you or temporarily occupier) by you with rr rse;on Ri the o oner. tf a wee of damage hy+ ore. !'_ ;hteiri? :7r ` xpeesio . tt ic1 Dfx riage.: 1r:. P'ern:StS R!'.13.0?,'1 to %ell e1Zn'tEV: rriskl:t. e' cat.', :^d by ti'r. s1.:!' .&.3•er', 7='L:.:t1':. :. Keel' famege. it fie le fr.)n1 tree ti.. hteirrg cl- eeplc,seei c ' any comeeeltirer or ::tote. 77'Ied1! K1= Expense S.:U/ee t'i 5, adobe. Mo,fh:•a' xpene t.imit it'i(k^t 'r.•3 yell pay ender CCNelage C 1'0i ,.,F medical expenses beceese of "bodily injury" sietereinee by holy Oil!! r.X1rei in. ti. How Limits Apply To Additional insureds :1 :foe hove araro' i ir- :i W'i:tetn content or wrtttr•:r, I:tLr. 'r: that :liiSftttq'• ri SrJll .H:iar'ltiat[on ... 7, Page .12 of 18 HG 00 01 O6 05 Wenger Corporation Hartford Fire Insurance Company Policy #83CSES33700 December 31, 2016 to December 31, 2017 that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire. Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner, (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section 1 — Coverage A — Bodily Injury And Property Damage Liability: Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of 'property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section t - Coverage A - Bodily Injury And Property Damage Liability: When You Are Added As An Additional Insured To Other Insurance Any other insurance available tc you covering ilabiiity for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (5) (6) (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary. we will share with all that other insurance by the method described in c. below. (b) Primary And Non- Contributory To Other insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured% rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the Toss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. • c. Method Of Sharing If all of the other insurance perrnits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insucomranes ce or none of the loss remains, whichever first. Page 14 of 18 HG 00 01 06 05 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GENERAL LIABILITY POLICY #83CSES33700 AUTOMOBILE POLICY #83ABS33703 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice will be provided within 30 days of the Company's receipt of certificate holder(s) information from the agent of record. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form IH 03 10 06 11 Page 1 of 1 © 2011, The Hartford THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) Policy Number: 83WNS33702 Endorsement Number: Effective Date: 12 -31 -16 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: WENGER CORPORATION 555 PARK DRIVE OWATONNA, MN 55060 If this policy is cancelled by the Company, other than for non- payment of premium, notice of such cancellation will be provided to the certificate holder(s) with mailing addresses on file with the agent of record. Such notice will be provided within 30 days of the Company's receipt of certificate holder(s) information from the agent of record. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record will be sufficient proof of notice. Form WC 99 03 98 Printed in U.S.A. Process Date: Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. © 2011, The Hartford Policy Expiration Date: POLICY NUMBER: 83CSES33700 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 Policy #83WNS33702 12 -31 -16117 (Ed. 04 -84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1 1 "Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us." 1 1 1 1 1 1 1 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement 12 -31 -15 Effective Policy No. 83WNS33702 Endorsement No. Insured Wenger Corporation Premium $ NIA Insurance Company Countersigned by 1 Hartford Accident & Indemnity Company WC124 (4 -84) Page 1 of 1 1 WC 00 0313 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM 1 Bond No. 106621080 EXHIBIT F CITY OF FEDERAL WAY PERFORMANCE /PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Wenger Traffic Corporation, ("Principal") and Travelers Casualty and Surety Company of America the undersigned corporation organized and existing under the laws of the State of Connecticut and legally doing business in the State of Washington as a surety ( "Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ( "City") in the penal sum of Four Hundred_Three Thousand Four Hundred Fifty-Nine Dollars and no /100 ($403,459.00) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated March 21 Performing Arts and Event Center Orchestra Shell. , 2017 for the Federal Way NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and It does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25 %) of the original amount of this bond without the consent of the Surety. Within forty -five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill Its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually Incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of Its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the City of Federal Way RFD It 16 -012 Performing Arts and Event Center Orchestra Shell Page 48 2016 RFD ver.4 -16 Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interpiead action. In the event a dispute should arise between the Patties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of united States Arbitration and Mediation (USA &M'). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interpiead prior to completion of the mediation. This bond will cover a one year warranty for defective materials and workmanship only. DATED this 21st day of March 2017. CORPORATE SEAL OF PRINCIPAL' WENGER TRAFFIC CORPORATION By: Its: 7 L ary A tii mith U r Principal Director of Fi 555 Park Drive Owatonna, MN 55060 (800) 326-8373 /111oo,`. CERTIFICATE A$JO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that Mary Ann Smith, who signed the said bond on behalf of the Principal, was Principal Director of Finance of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. ji�C /z( -%-_ / Secretary of Assistant Secretary STATE OF MINNESOTA COUNTY OF Steele ) ss. On this day personally appeared before me Mary Ann Smith, to me known to be the Principal Director of Finance of Wenger Traffic Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. GIVEN my hand and official seal thls _21st day of March , 20 17 Notary's signature lN1 "\'\ 0.1\6)A,NVAi Notary's printed name Lola Ann McDerrrott Notary Public in and for the State of Minnesota. My commission expires January 31, 2020 City of Federal Way Performing Arts and Event Center Orchestra Shell RIB vcr. 4 -16 Page .19 ,,,,,,,,,,,,,,,,, J4, e • : • tl CORPORATE SEAL ®FtliR T RFi3#16- 012 =4 r 201 G .,.. • ` . 1 1 1 1 1 1 1 1 ,e. 1 1 1 1 1 1 1 1 1 1 1 APPROVED AS TO FORM: yan Call, City Attorney Travelers Casualty and Surety Company of America SURETY • y: Attorney -in -Fact (Attach Power of Attorney) Cynthia L. Choren (Name of Person Executing Bond) 701 Market Street, #1100 St. Louis, MO 63101 (Address) (314) 621 -5540 (Phone) City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 50 2016 RFB ver. 4-16 ACKNOWLEDGMENT BY SURETY STATE OF Missouri of S . Louis SS. Ci tyo t ui s On this 21st day of March , 2017 , before me personally appeared Cynthia L. Choren , known to me to be the Attorney -in -Fact of Travelers Casualty and Surety Company of America , the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office m the aforesaid County, the day and year in this certificate first above written. My Commission Expires: May 20, 2020 (Seal) DEBRA C. SCHNEIDER Notary Public, Notary Seal State of Missouri St. Charles County Commission # 1 2419088 My Commission Expires May 20, 2020 ::re C. Schneider Notary Public in the State of Missouri County of St. Charles Commission No. 12419088 S- 0230 /GEEF 2/98 TRAVELERS) Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 230490 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 06948331 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Pamela A. Beelman, Heidi A. Notheisen, Cynthia L. Choren, Debra C. Schneider, JoAnn R. Frank, Karen L. Roider, Sandra L. Ham, and Brittany D. Clavin of the City of St. Louis , State of Missouri , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 22nd day of August 2016 State of Connecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guarai y,iCo' mpany ,' ��'�. ..... , F C oa;S SAL: :'b o 44. By: "r. A'r'O H It D, a H CACONN Robert L. Raney, Senior Vice President On this the 22nd day of August 2016 before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2021. 58440 -5 -16 Printed in U.S.A. \.a/tAdt' c . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 21 st day of March 2017 "11NSUq ,pRPORAlh ^1 iNSEALJs s. •., Kevin E. Hughes, Assistant Sec tary To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 EXHIBIT G TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non - discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non - discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub - contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance In the event of the contractor's non - compliance with the non - discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 51 2016 RFB ver. 4 -16 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 52 2016 RFB ver. 4 -16 APPENDIX A SPECIAL PROVISIONS City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 54 2016 RFB ver. 4 -16 INTRODUCTION TO THE SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2016 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter "Standard Specifications "). The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project- specific fill -ins; and project- specific Special Provisions. Each Provision supplements, modifies or replaces the comparable Standard Specification or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project- specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the date of the GSP and its source, as follows: (May 18, 2007 APWA GSP) (August 7, 2006 WSDOT GSP) City of Federal Way Performing Arts and Event Center Orchestra Shell RFB # 16 -012 Division 1 General Requirements DESCRIPTION OF WORK Contractor shall provide offsite fabrication and onsite installation of an Orchestra Shell for the Performing Arts and Event Center. 1 -01 Definitions and Terms 1 -01.3 Definitions Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the Bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date The date the Contracting Agency officially binds the Agency to the Contract. Notice to Proceed Date The date stated in the Notice to Proceed. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, , or correction or repair remains for the Physical Completion of the total Contract. Physical Completion Date The date all Work is physically completed on the project. All documentation required by the Contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the Contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the City of Federal Way Council accepts the Work as complete. Delete the second paragraph under heading Contract and replace it with the following: The Contract includes all Contract Documents defined in the Public Works Contract for the Project which is included in the Request for Bid as Attachment I. City of Federal Way Performing Arts and Event Center Orchestra Shell 2 RFB # 16 -012 Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms "State ", "Department of Transportation ", "Washington State Transportation Commission ", "Commission ", "Secretary of Transportation ", "Secretary", "Headquarters ", and "State Treasurer" shall be revised to read "Contracting Agency ". All references to "State Materials Laboratory" shall be revised to read "the location designated in the Contract ". All references to "final contract voucher certification" shall be interpreted to mean the final payment form established by the Contracting Agency. The venue of all causes of action arising from the advertisement, award, execution, and performance of the contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1 -08.5. Contract Documents See definition for "Contract ". Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency's acceptance of the Bid Proposal. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract time begins. 1 -02 BID PROCEDURES AND CONDITIONS 1 -02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1 -02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. City of Federal Way Performing Arts and Event Center Orchestra Shell 3 RFB # 16 -012 Add the following new section: 1- 02.1(1) Supplemental Qualifications Criteria (March 25, 2009 APWA GSP; may not be used on FHWA- funded projects) In addition, the Contracting Agency has established Contracting Agency- specific and /or project- specific supplemental criteria, in accordance with RCW 39.04.350(2), for determining Bidder responsibility, including the basis for evaluation and the deadline for appealing a determination that a Bidder is not responsible. These criteria are contained in the ** *Instructions to Bidders * * *. 1 -02.2 Plans and Specifications Delete this section and replace it with the following: ( * * * * * *) Information as to where Bid Documents can be obtained or reviewed can be found in the Request for Bids (Advertisement for Bids) for the work. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Request for Bids, at the Contractor's own expense. The Contractor may keep the external hard drive containing the pipe video records. The $100 refundable check will be refunded to the Contractor. 1 -02.13 Irregular Proposals (March 13, 2012 APWA GSP) Revise item 1 to read: 1. A proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The completed proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1 -02.6; h. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification, if applicable, as required in Section 1 -02.6; i. The Bidder fails to submit written confirmation from each DBE firm listed on the Bidder's completed DBE Utilization Certification that they are in agreement with the bidders DBE participation commitment, if applicable, as required in Section 1 -02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; j The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1 -02.6, or if the documentation that is submitted fails to City of Federal Way Performing Arts and Event Center Orchestra Shell 4 RFB # 16 -012 demonstrate that a Good Faith Effort to meet the Condition of Award was made; k. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or I. More than one proposal is submitted for the same project from a Bidder under the same or different names. 1 -03 Award and Execution of Contract 1 -03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions, including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting Agency. Within * * *10 * ** calendar days after the award date, the successful bidder shall return the signed Contracting Agency - prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1 -03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1- 02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency - furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of * ** 7 ** *additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1 -04 Scope of the Work 1- 04.1(2) Bid Items Not Included in the Proposal Delete Sectionl- 04.1(2) and replace it with the following: ( * * * * * *) Payment will be made only for the specific bid items listed in the Bid Schedule. No separate or additional measurement or payment will be made for any and all other work and materials necessary to complete the project. All work and materials not specifically included in the bid items listed in the Bid Schedule shall be considered to be included in the various unit price or lump sum bid prices. 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda Revise the second paragraph to read: City of Federal Way Performing Arts and Event Center Orchestra Shell 5 RFB # 16 -012 ( * * * * * *) Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Change Order or Written Construction Change Directive (if any), 2. Addenda (if any), 3. Instructions to Bidders, General Contractual Terms and Conditions including Attachments A through H, and Public Work Contract, 4. Special Provisions, 5. Contract Plans, 6. Amendments to the Standard Specifications, 7. Standard Specifications, 8. Contracting Agency's Standard Plans or Details (if any), and 9. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes Supplement section 1 -04.4 with the following: Contractor's quotations for Change Orders shall be in writing and firm for a period of 30 days. Any compensation paid in conjunction with terms of a Change Order shall comprise total compensation due to Contractor for the work or alteration defined in the Change Order unless specified otherwise in a change order document. By signing the Change Order, the Contractor acknowledges that the stipulated compensation includes payment for the work or alteration plus all payments for the interruption of schedules, extended overhead, delay, added or deleted working days, or any other impact claim or ripple effect, and by such signing specifically waives any reservation or claim for additional compensation in respect to the subject of the Change Order. 1 -04.6 Variation in Estimated Quantities (May 25, 2006 APWA GSP; may not be used on FHWA- funded projects) Supplement this Section with the following: 1 -04.7 Differing Site Conditions (Changed Conditions) Supplement this section with the following: ( * * * * * *) The Contractor shall be deemed to have waived any and all claim for additional time or claim for extra compensation for additional work and material required because of the alleged changed conditions if the Contactor disturbs the condition before the Engineer has indicated to the Contractor that he has completed his field evaluation of the situation. Changed conditions as a result of any negligence or inattention on the part of the Contractor or his subcontractors shall not be considered eligible for extra payment. 1 -05 Control of Work 1 -05.5 Record Drawing and As -Built Survey Add this new section 1 -05.5 with the following: City of Federal Way Performing Arts and Event Center Orchestra Shell 6 RFB # 16 -012 Record Drawing The Contractor shall maintain one set of full size plans for Record Drawings, updated with clear and accurate red -lined field revisions on a daily basis, and within one working day after receipt of information that a change in Work has occurred. The Contractor shall not conceal any work until the required information is recorded. This Record Drawing set shall be used for this purpose alone, shall be kept separate from other Plan sheets, and shall be clearly marked as Record Drawings. These Record Drawings shall be kept on site at the Contractor's field office, and shall be available for review by the Contracting Agency at all times. The Contractor shall bring the Record Drawings to each weekly progress meeting for review. The Record Drawing markups shall document all changes in Work, both concealed and visible. Record at least the following on the Record Drawings: • Actual dimensions, arrangement, and materials used when different than shown on the Plans. • Changes made by Change Order or Field Order. • Changes made by the Contractor. • Pothole information gathered by the Contractor. • Existing utility information not included in the Contract Plans, or that differs from the Contract Plans. Record Drawings shall be provided to the Contracting Agency prior to Physical Completion. The work described in this section shall not be paid separately and all costs shall be included in other Contract bid items associated with this work. 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in City of Federal Way Performing Arts and Event Center Orchestra Shell 7 RFB # 16 -012 particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1 -05.11 Final Inspection Delete this section and replace it with the following: 1 -05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1- 05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of completion. The Engineer may also establish the Substantial Completion Date unilaterally. If, after this inspection, the Engineer concurs with the Contractor that the work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefor. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed City of Federal Way Performing Arts and Event Center Orchestra Shell 8 RFB # 16 -012 deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the work was considered physically complete. That date shall constitute the Physical Completion Date of the contract, but shall not imply acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. 1 -05.12 Final Acceptance Delete the third and fourth sentences in the first paragraph and replace it with the following: Final acceptance date of the work shall be the date the Federal Way City Council accepts the project as complete. City of Federal Way Performing Arts and Event Center Orchestra Shell 9 RFB # 16 -012 ' 1 -05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) 1 Revise the seventh paragraph to read: Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to 1 Section 1- 02.14, it will take these performance reports into account. Add the following new section: ' 1 -05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. Add the following new section: 1 -05.17 Oral Agreements (October 1, 2005 AWPA GSP) 1 No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral 1 agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. ' 1 -07 Legal Relations and Responsibilities to the Public ' 1 -07.1 Laws to be Observed (October 1, 2005 APWA GSP) ' Supplement this section with the following: In cases of conflict between different safety regulations, the more stringent regulation shall Iapply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington 1 Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well -known place at the ' project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital, or doctor's care, persons, including employees, who may have been ' injured on the project site. Employees should not be permitted to work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. 1 City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell 10 The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures in, on, or near the project site. 1 -07.2 State Taxes Section 1 -07.2 is supplemented with the following: ( * * * * * *) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay Sales tax. The entire project is subject to Use Tax under Section 1- 07.2(1). 1 -07.7 Load Limits ( * ** * * *) Supplement this section with the following: Haul routes shall be approved in advance by the Engineer. Haul shall be restricted to the Hours of Work as specified in Special Provision section 1- 08.0(2) 1 -07.23 Public Convenience and Safety Section 1 -07.23 is supplemented with the following: ( * * * * * *) If operations of the Contractor are shown to significantly impede traffic flow during peak hours of traffic, the Engineer shall have the authority to restrict the Contractor to time of operation on the street. The Contractor shall maintain convenient access for local traffic and pedestrians to driveways, houses, and buildings along the line of work. Such access shall be maintained as near as possible to which existed prior to the commencement of construction. The Contractor shall notify all property owners and tenants of street and alley closures, or other restrictions which may interfere with their access. Notification shall be at least forty -eight (48) hours in advance, and shall include placing notification signs within the affected areas, and delivering notices to all property owners and tenants. A copy of such notice shall also be provided to the Engineer. Work involved with the distribution of notices to all of the property owners shall be considered incidental to the Contract. The Contractor shall notify the local refuse /recycling collection services, transit services, school district, postal service, fire and police department in writing before the beginning of operations, and provide a schedule of activities along with the associated time line, so that these agencies may reroute their vehicles around the construction zone. A copy of such notice shall also be provided to the Engineer. If rerouting is not possible, as determined by City of Federal Way Performing Arts and Event Center Orchestra Shell 11 RFB # 16 -012 these agencies /services, the Contractor shall coordinate with these agencies /services to provide reasonable access through the construction zone at all times. No specific areas are provided for construction staging /storage, access and parking. Unless otherwise indicated in the Plans, on- street parking areas will be allowed to be utilized by the Contractor for work and storage areas, pending notification of the users and approval by the Engineer, two (2) working days in advance. 1 -08.4 Prosecution of Work Delete the first paragraph and replace it with the following: (** * * * *) Notice to Proceed will be given after the Contract has been executed and all the required documents have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. Unless otherwise approved in writing, the Contractor shall commence construction activities on the project site and diligently pursue the work to the physical completion date within the time specified in the Section 1.2 of the Public Works Contract of this project. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. Within three (3) weeks following the Notice to Proceed Date, the Contractor shall erect the project signs described in the Section 1 -09.7 of these special provisions. 1 -08.5 Time for Completion (* * * * * *) Revise the third paragraph to read: Contract time shall begin on the first working day following the 40th calendar day after the Notice to Proceed Date. If the Contractor starts Work on the project at an earlier date, then Contract time shall begin on the first working day when on -site Work begins. The Contract Provisions may specify another starting date for Contract time, in which case, time will begin on the starting date specified. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1- 07.9(5)). b. Material Acceptance Certification Documents c. Quarterly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. City of Federal Way Performing Arts and Event Center Orchestra Shell 12 RFB # 16 -012 d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors f. Property owner releases per Section 1 -07.24 1 -08.6 Suspension of Work Section 1 -08.6 is supplemented with the following: Contract time may be suspended for the procurement of critical materials (Procurement Suspension). In order to receive a Procurement Suspension, the Contractor shall within 14 calendar days after Notice to Proceed Date, place purchase orders for all materials deemed critical by the Contracting Agency for Physical Completion of the Contract. The Contractor shall provide copies of purchase orders for the critical materials. Such purchase orders shall disclose the purchase order date and estimated delivery dates for such critical material. The Contractor shall submit request for Procurement Suspension and provide a list of critical materials that have long lead times for procurement or fabrication. If the approved Progress Schedule indicates that materials procurement are critical activities, and if the Contractor has provided documentation that purchase orders are placed for the critical materials within the prescribed 14 calendar days, then Contract time will be suspended upon Physical Completion of all critical work except that work dependent upon the listed critical materials. Charging of Contract time will resume upon the delivery of the critical materials to the Contractor or 56 calendar days after the Notice to Proceed Date, whichever occurs first. 1 -08.9 Liquidated Damages (March 13, 2012 APWA GSP) Revise the fourth paragraph to read: When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine that the work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1- 09.2(1) General Requirements for Weighing Equipment (******) Revise the sixth and seventh paragraphs to read: Trucks and Tickets — Each truck to be weighed shall bear a unique identification number. This number shall be legible and in plain view of the scale operator. Each vehicle operator shall obtain a weigh or load ticket from the scale operator. The Contracting Agency will provide item quantity tickets for scales that are not self - printing. The Contractor shall provide City of Federal Way Performing Arts and Event Center Orchestra Shell 13 RFB # 16 -012 tickets for self - printing scales. All tickets shall, at a minimum, contain the following information: 1. Date of haul; 2. Contract number; 3. Contract unit Bid item; 4. Unit of measure; 5. Identification number of hauling vehicle; and 6. Weight delivered: i. Net weight in the case of batch and hopper scales. ii. Gross weight, tare and net weight in the case of platform scales (tare may be omitted if a tare beam is used). iii. Approximate load out weight in the case of belt conveyor scales. 7. Ticket serial number imprinted on the tickets; 8. Type of material; 9. Weiqhman's identification; 10. Location of delivery by project station or street address. The vehicle operator shall deliver the ticket in legible condition to the material receiver at the material delivery point. The material delivery point is defined as the location where the material is incorporated into the permanent Work. It shall be the Contractor's responsibility to provide a certified weight ticket to the Engineers designated representative on the project at the time of delivery of materials for each truckload delivered. In the event that the Engineers designated representative is not present, the Contractor shall forward the ticket to the Engineer within (1) working day, along with sufficient verification of the specific stockpiled location or area of use. Pay quantities will be prepared on the basis of said information. Quantities for material delivered without adequate documentation will not be paid. 1 -09.7 Mobilization Supplement this section 1 -09.7 with the following: Mobilization shall include but not be limited to the following items: movement of the Contractor's personnel, materials, equipment, supplies, and other items or work incidental to construction of the project; the establishment of office /storage buildings, temporary security fence and other facilities necessary for construction of the project; providing sanitary facilities for the Contractor's personnel; obtaining permits or licenses required to complete the project not furnished by the City; and other work and operations which must be performed or costs that must be incurred. Also to be included in the lump sum bid price for "Mobilization" is the following: 1. Written release, per Section 1 -07.24 shall be obtained from all property owners whose property is used for storage or other purposes. 2. The Contractor shall be responsible for providing and installing two project signs as described below. 1 -09.9 Payments (, * * ** ) Delete the first four paragraphs and replace them with the following: City of Federal Way Performing Arts and Event Center Orchestra Shell 14 RFB # 16 -012 The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a Lump Sum item cost breakdown to the Engineer for review and approval at the Preconstruction Conference to utilize for monthly progress payments. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. In the absence of an approved lump sum breakdown, the Project Engineer will determine the amounts for monthly payments on Lump Sum items based on information available. The Project Engineer's determination shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The Contractor shall submit to the Engineer a request for payment for work completed during the previous period. Copies of such a request for payment shall be submitted on a form provided by the Engineer. All monthly pay requests are subject to approval and /or verification by the Engineer. Errors or omissions in the request for payment may result in a delayed payment. It is the Contractor's responsibility to maintain and submit adequate documentation for work completed within each monthly pay period. The initial progress estimate will be made no later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1- 09.9(1); 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1 -05.1. City of Federal Way Performing Arts and Event Center Orchestra Shell 15 RFB # 16 -012 Except when requested a minimum of (10) calendar days in advance by the Contractor, progress payments will be mailed to the address supplied in writing by the Contractor at the preconstruction conference. 1 -10.5 ( * * * * * *) Payment Delete Sections 1- 10.5(2) and 1- 05(3). Section 1- 10.5(1) shall apply to this project. City of Federal Way Performing Arts and Event Center Orchestra Shell 16 RFB # 16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington PART 1 - GENERAL 1.01 SUMMARY Section 116113 Orchestra Shell Page 1 of 13 A. Section Includes: 1. Services as listed herein and related to the provision of an orchestra shell(s). 2. The Orchestra Shell Contractor shall provide all items necessary for a complete, safe, fully functional system as described herein, including all tools, scaffolding, labor, and supervision, even though they may not be specifically enumerated. 3. Contractor shall conduct current field construction, project drawings, and shop drawings survey of all areas to verify critical dimensions on clear heights, storage areas, and audience wall grooves prior to submittals of shop drawings. 1.02 RELATED SECTIONS A. Review the work of the following base building sections from the building construction specifications in carrying out this work: 1. Floor and adjacent architectural finishes 2. Section 11 61 33— Stage Rigging a. Orchestra shell ceiling units shall be mounted to rigged battens with lighting cable management. 3. Section 11 61 83— Production Lighting Control a. Orchestra shell lighting shall be connected to Production Lighting Wiring and Control Devices, mounted to the battens, provided as part of the Production Lighting Control System. 4. Division 26 — Electrical 1.03 REFERENCES A. Comply with all national, state and local regulations. In the event of conflict between these specifications and the applicable regulations, the more stringent shall govern. B. Reference and comply with Washington Health and Safety Code WISHA Chapter 49.17. C. Equipment shall be provided per the related trade and regulatory guidelines including but not limited to UL, NEC, IEEE, and all manufacturer's recommendations and requirements. Contractor shall be responsible in the event that work under their control voids or jeopardizes manufacturers' warranties. D. Labor shall be provided per applicable labor regulations and practices. 1.04 DEFINITIONS A. Owner Representative: For the scope in this Section, authorized personnel representing Federal Way Performing Arts & Events Center and The Shalleck Collaborative, Inc., Theatre Consultants. 1.05 SYSTEM DESCRIPTION A. Provide Orchestra Shell towers and ceilings. B. The Orchestra Shell towers shall be self - supporting and shall move independently on casters with wing panels and integral door sections. The towers shall nest without dismantling to minimize storage area required as shown on the Drawings. 11 61 13 -1 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 2 of 13 C. The Orchestra Shell ceiling units shall manually tilt for storage and play positions, locking in either position. The ceilings shall include tilt switches: 1. Each ceiling panel shall have integral tilt switches on each fixture (one per fixture) or in another approved configuration that achieves the same functionality. 2. Tilt switches are configured to prevent the lighting from energizing while the ceiling is in the stored position. D. The shell shall be flexible permitting rearrangement to various size configurations. 1.06 SCHEDULE A. See Division 1 for overall schedule. 1.07 SUBSTITUTIONS A. All requests for substitutions from the specified materials, assemblies or related services shall be submitted for review by the Owner's Representative prior to bid. Substitution requests made after bid shall be neither reviewed nor accepted. Requests shall be made in a timely fashion so as to not affect the project schedule in either case of the substitution being accepted or rejected. A. Documentation for the substitution shall be submitted with supporting material and shall include the related information for the item as specified so that equivalence can be demonstrated. The burden of proof rests solely upon the Contractor. The Owner's Representative shall be the sole evaluator of the fitness of the substitution. B. All expenses related to the substitution including, but not be limited to, all fees and expenses incurred in the evaluation of the substitution, and any effect on the costs and schedule of other trades whether or not the substitution is accepted, shall be borne by the Contractor. 1.08 SUBMITTALS A. Submittals shall be made in accordance with Division 1. B. Submittals shall be made electronically in PDF format except where noted otherwise. 1. Hard copy submittals shall be made upon request of the Owner's Representative. 2. Samples, color cards and color swatches shall not be electronic. C. Submittals shall be made in a timely fashion so as to not affect the project schedule, and shall allow adequate time for review and resubmittal. Partial submittals shall not be acceptable and shall be returned without review. D. Complete shop drawings and relevant calculations shall be fully engineered and bear the stamp of a Professional Structural Engineer licensed in the state of WA. E. Submittals shall be reviewed and field dimensions verified prior to commencing acquisition for, and fabrication of the work in this section. All services and parts of the work in this section shall be verified through the submittal process. Approval does not relieve the Contractor of the responsibility of providing equipment in accordance with the specifications. F. Shop Drawings: 1. Submit component and installation drawings and schedules showing all information necessary to fully explain the design features, wiring, appearance, function, fabrication, installation, and use of system components in all phases of operation. 2. Shop drawing plans and section shall be at 1/" scale minimum. Details shall be larger scales to fully explain the component. 11 61 13 -2 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 3 of 13 3. Include a simplified reflected ceiling plan showing dimensional information of extents of ceiling panels and lighting info only. 4. Provide clear space on all shop drawings for comments and approval stamps. 5. Shop drawings shall show shell fitting within storage requirements. 6. Shop drawings shall show finish grain or pattern direction. 7. Dimensions: submit shop drawings illustrating field verification of dimensions. Dimension needing field verifications include (but are not limited to): a. Any dimensions listed as "V.I.F." on the attached drawings b. Distances between shell ceiling battens, as well as between datum and first batten, as measured from loftblock centers. c. Clear height under shell storage areas and along loading path between shells and storage areas, including the heights of doorway or archway openings. 8. All shop drawings shall be submitted electronically. G. Product Data: 1. Submit data sheets for all standard component parts, which shall include all information necessary to verify compliance with this Section. 2. Product data shall properly identify each component's intended use. Any options or variations must be clearly noted. H. Finish Selection: 1. Within two weeks of award of the contract contractor shall submit full finish selection cards or samples for review and selection by the Owner's Representative. I. Samples: 1. Upon 14 days of request by the Owner's Representative, submit samples for review. Samples may include, but are not limited to: a. Wood Veneer stain color. Chips shall be actual finish product and not a facsimile. b. 2" section of finished trim strip. c. 12" x 12" corner sample of the panel assembly d. Lighting fixture mounting assembly J. Record Documents: 1. At time of final acceptance, submit regulatory listings and certifications as required by prevailing building codes. 2. Within 30 days, submit record documents as (3) three hard copies and one electronic copy in PDF format on (6) six CDs or USB memory sticks, hardcopies shall be delivered in a 3 -ring binder. Flame certificates, warranty and any instruction booklets shall be in clear plastic sleeves. 1.09 WARRANTY A. Warranty shall provide coverage of material and product defects and assembly workmanship for a period of five years following the date of acceptance by the Owner. B. Items under warranty shall be serviced to the satisfaction of the Owner with 14 days of notification to the Contractor, except for safety related items, which shall be corrected within 48 hours of notification. 1.10 QUALITY ASSURANCE A. Equipment in this Section shall be provided by specialty contractors and manufacturers meeting the qualifications listed herein. 11 61 13 -3 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 4 of 13 B. Specialty contractor responsible for installation in the field shall have been continuously engaged in the sales and integration of orchestra shell equipment similar to that specified herein for a minimum of (20) twenty years, and shall have successfully completed at least twenty (20) installations of this type and scope. The Owner's Representative shall be the final judge of the suitability of experience and past performance. 1. Manufacturer shall have been continuously engaged in the manufacturing of orchestra shell equipment similar to that specified herein for a minimum of (20) twenty years. C. Specialty contractors shall have at time of bid and continuously maintain throughout the project and warranty period a Specialty Contractor's license appropriate for the work in this Section. D. All equipment shall be UL listed and bear the appropriate labels. 1.11 DELIVERY, STORAGE AND HANDLING A. Packing shall prevent damage to the equipment during transit. Costs to repair or replace all equipment damaged during the course of the contract services shall be borne by the Contractor. B. Do not deliver materials in this Section until building is ready for installation. Contractor is responsible to properly sequence the work and to protect from damage during delivery, handling, storage and installation. C. Contractor is responsible to coordinate and provide secure and protected storage as required for the execution of the Contract. 1.12 PROJECT CONDITIONS A. Defects in the field which may impact the work in this Section shall be reported to the Owner's Representative and corrected in accordance with the requirements of the applicable Section of work prior to commencement of the work in this Section. B. Field Conditions: All bidders shall fully inform themselves of the conditions under which the work is to be performed. No additional compensation shall be allowed for any labor or item the bidder could have been fully informed of prior to the bid date. 1.13 MAINTENANCE A. Provide maintenance stock of User - serviceable components within the system. Maintenance stock shall be packaged in labeled long term storage packaging and turned over to the Owner at time of system commissioning. 1. Maintenance stock shall include standard hardware as recommended by the Manufacturer. 2. Replacement caster of each type 3. Replacement hanging hardware 4. Replacement door latch system 5. Replacement door stay system 6. Finish touch up kit 11 61 13 -4 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington PART 2 - PRODUCTS 2.01 PRE - APPROVED SPECIALTY MANUFACTURERS A. Requirements: reference section 116113.1.10. Section 116113 Orchestra Shell Page 5 of 13 B. The following production systems specialty subcontractors have been pre- approved for supplying the product and are not precluded for providing installation services: Wenger Corporation Contact: Jeff Kirkpatrick National Sales Manager 555 Park Drive Owatonna, MN 55060 e -mail: jeff .kirkpatrick(a)wengercorp.com Tel.: 800.326.8373 ext 260 Fax: 507.455.1011 StageRight, Inc. 495 Pioneer Parkway Clare, Michigan 48617 Contact: Kip Weis T: 800.438.4499 ext. 349 C: 989.493.3680 F 989.386.3500 E -mail: kweis @stageright.com Secoa 8650 109th Ave North Champlin, MN 55316 Contact: Ben Cox and Dan Culhane T: 763.506.8800 F: 763.506.8444 e -mail: b.cox @secoa.com e -mail: d.culhaneAsecoa.com LVH Entertainment Systems 300 Irving Drive Oxnard, CA 93030 (888) 313 -2033 Contact: Mike Kunz Stagecraft Industries, Inc. 5051 North Lagoon Ave Portland, OR 97217 Tel. (503) 286 -1600 Contact: Kevin Shetterly 11 61 13 -5 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 6 of 13 C. All other manufacturers must be approved prior to bid. Other manufacturers seeking acceptance must submit the following information at least 5 working days prior to the bid opening date. Approval of contractors will be by addenda. Failure to submit any of the required information will automatically disqualify the contractor from consideration of approval. 1. A listing of twenty equivalent completed installations including: a. Name, address and telephone number of Owner; b. Name, address and telephone number of Theatre Consultant; c. Scope of work and dollar value. 2. List of personnel who will be working on this job, including skills, experience, and accreditations. 3. A brief written description of the contractor's operation including facilities, financial capabilities, and experience of key personnel. 4. A statement from a bonding company agreeing to provide the required bonds in the amount required for the project. 5. Documentation necessary to show compliance with quality assurance section, 116113.1.10. 2.02 MATERIALS A. All components supplied under this Section shall be new. Used or factory reconditioned components shall not be acceptable. B. All structural framing shall be extruded aluminum components. C. All panels shall be composite construction with fiber honeycomb core and stressed -skin surface. 1. Finish of ceilings and towers shall be wood veneer. a. Wood veneer shall match audience walls bamboo wall panels. Mfr: Teragren LLC, Product: Bamboo vertical grain, caramelized, Color: Master Millwork 11437, Finish: Clear satin. b. All front surface panels shall be free of exposed fasteners. c. Panel finishes shall match and be free of major variation. 2. Finish of trim strip hinge covers shall be as selected from the manufacturer's standard line. 3. Finish of exposed framing shall be black. 4. Core shall be 1 -1/2" thick minimum (for towers and ceilings) resin- impregnated fiber honeycomb of 80 -60 -15 composition (15% resin minimum). 5. Finish of exposed aluminum shall be painted; color as selected by Owner's representative. 6. Lamination shall be by means of water - activated urethane adhesive. Contact adhesive is not acceptable. 7. Panels shall include integral extruded aluminum caps along the straight edges. 8. Exposed edges of panels shall be capped flat with robust solid material resistant to puncture, such as metal, hardwood or MDF. Honeycomb core shall not be exposed on the installed systems. 9. All tower and ceiling panels shall have a V- shape. 10. All towers and ceiling panels shall have 1/4" wide x 1/2" deep grooves to match audience wall and ceiling grooves locations. Grooves shall be painted flat black at the bottom of the groove. Provide wood blocking inside panels for groove routes into panel faces as required. D. Materials shall conform to the following ASTM and ANSI standard specifications: 1. A -36 - Specification for structural steel 2. A -47 - Specification for malleable iron casting 3. A -48 - Specification for gray iron casting 11 61 13 -6 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 7 of 13 4. A -120 - Specification for black and hot - dipped zinc - coated (galvanized) steel pipe for ordinary use 5. B18.2.1&2 - Specification for square and hex bolts and nuts 6. B221 -02 - Specification for aluminum alloy E. In order to establish minimum standards of safety, the following factors shall be used: 1. Cables, hardware and fittings - 8:1 Safety Factor 2. Cable bending ratio - Sheave tread diameter is 30 times cable diameter 3. Steel — per AISC specifications 4. Bolts - Minimum SAE J429 Grade 5 (ISO R898 Class 8.8), zinc plated 5. Overhead lifting rings — Minimum Grade 80, alloy F. All turnbuckles, clips, tracks, chains and other items of incidental hardware shall be furnished plated or painted black. G. All nuts shall be new lock nuts or shall be provided with lockwashers. No exceptions. H. Fabrication: 1. The mechanical fabrication and workmanship shall incorporate best practices for good fit and finish. There shall be no burrs or sharp edges to cause a hazard nor shall there be any sharp corners accessible to personnel. 2. All moving parts shall have specified tolerances. 3. All equipment shall be built and installed to facilitate future maintenance and replacement. I. Recommended Working Load: This specification calls for minimum recommended working loads for hardware. The manufacturer's recommended working load is the maximum load which the manufacturer recommends be applied to properly installed, maintained, and operated new equipment. Manufacturer's recommended working loads shall be determined by calculations by a Licensed Professional Engineer and destructive testing by an independent testing laboratory. These calculations and reports shall be available for review. 2.03 SHELL WALL TOWERS A. Configuration 1. Each tower shall consist of one center panel and two adjustable wing panels. 2. Lower wing panels include doors. 3. Door shall have a minimum opening clearance of 36 ". Adjacent doors shall allow access for concert grand piano. 4. Towers shall be moved through the use of permanently mounted casters. Air mover or traction drive mover not acceptable. 5. Tower face shall have a V -shape as shown on drawings. 6. Mark each tower with each own 6" tall white number on the back at about 6 feet above the floor so that is can be clearly seen. 7. Attach to the back of each tower a clear plastic laminated 11x17 plan of tower layout with each tower numbered. B. Framework 1. Framework of towers shall be extruded aluminum alloy joined at connections by formed steel components. 2. Vertical frame shall be constructed of aluminum. 3. Horizontal frame shall be constructed of aluminum which shall join vertical frame members. 11 61 13 -7 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 8 of 13 C. Base 1. Each tower shall be equipped with a counterweighted base assembly for stability. 2. Framework of base shall be aluminum alloy or steel joined at connections by formed steel components. 3. Counterweight shall be profiled steel plate. Weight shall be as required to counterbalance towers from overturning in the seismic zone of the Project. 4. Provide diagonal braces that shall ensure a perpendicular connection between base and tower frames, and distribute loads throughout the base assembly. 5. Provide 2 removable handles for moving the tower sections at the rear of the base above the counterweight. D. Hardware 1. Casters a. Provide non - marking fixed and orbital tri- casters in configurations as shown on drawings for all towers b. Casters shall be steel ball bearing with steel housings, with treads appropriate for wood and concrete floors. c. Separated motive systems for towers are not acceptable. 2. Wing -stays a. Telescoping wing -stay shall allow the locking of tower wings in performance or storage positions. b. Wing -stay shall position wing panels at repeatable positions, and shall include locks operable from the floor. 3. Wing and Door Hinges a. Wing and door panels shall be mounted to frame with split aluminum or steel hinges and shall include self - lubricating Delrin thrust and radial bearings. 4. Door Hardware a. Doors shall feature a slide -lock mechanism to lock door to wing for use when transporting and storing towers. b. Doors shall incorporate inside door handles. 5. Seismic tether system. a. Provide'/" wire rope tethers that attach to the tops of the tower vertical tubes. Method of attachment shall be sufficient to resist the forces imposed by major seismic activity. b. Wire rope assembly shall terminate in a thimble and copper swage sleeves. c. Wire rope shall clip to eyebolt at 4' -0" above finished floor at rear of panel while not in use, so that when the handline (described below) is dropped from the walking surface above it may be attached to the wire rope and lifted up for attachment to structure. d. For each tower, provide 1/2" black synthetic hand line, 7,900 lbs. minimum breaking strength, one end with eye splice, locking carabiner and rope thimble and other end whipped and dipped. Multiline II, or equal. Provide in length sufficient to extend from overhead walking surface to stage floor. Provide storage bag or hook or other device on the grid for storage of hand line when not in use. At grid iron provide tie off pipe fixture with stand offs in a welded unit j- hooked attached to the grid iron grating, provide one per tower install at grid. e. In storage bustle provide 1/2" black synthetic hand line same as above as a horizontal line safety line at 20 feet above the stage floor. Provide and install a system with two rated pullies, two rated tie off cleats, eye splices, rope thimbles and carabiners in the center of the horizontal rope. Shell towers shall roll into storage locations the two ropes shall connect together and then be raised up horizontally and tied off at ground level wall cleats. The center hardware and carabiners shall be heavy enough to pull the length of the rope to the floor. Rope shall only cover the tower storage area from just beyond center to the side wall in the tower storage area only. 11 61 13 -8 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 9 of 13 E. Leveling 1. Each tower shall incorporate leveling adjustment means. Leveling shall hold positively and not be required to be re -set when the tower is moved. F. Storage 1. Each tower shall be designed to nest within another to minimize storage space, and shall fit within overall criteria shown on Drawings. 2. Lower portion of center shell tower panel shall be removable to allow nesting of towers, as well as provide visual access for tower positioning. 3. Removable panel shall be removable from the back side of the shell tower, or shall swing upward and lock in a storage position. 4. If removable, the center panel shall store securely on the back side of the shell tower during storage and transport. 5. The storage area of the shells shall be marked in yellow paint, designed for and suitable to floor marking, which shall endure the wear of heavy traffic. a. The outline of the storage area shall be a 2" thick solid line. b. The interior of the space shall be hatched with 1/2" thick solid lines. c. The center of the area shall be painted with legible text, 4" character heights, with the phrase: "Shell Tower Storage Area ". d. Two (2) 1" thick dashed lines within the area to align the base unit centered in the area. G. Trim Strip 1. Provide rear mounted trim strip to prevent view to the hinges and backstage Tight from shining between panels of shell towers at hinges and seams between tower sections. Trim strips shall be provided as shown on drawings. H. Floor marks onstage position 1. Provide and install floor position marks with tower number for all towers 2. Marks shall be flush with the floor and the number shall be engraved into the material and filled with contrasting color. 3. Marks shall be no larger than 3/8" I. Towers shall be Wenger "Diva" or equal. 2.04 SHELL CEILING PANELS A. Configuration 1. Shell ceiling panels shall feature an integral steel frame and shall hang from stage rigging. 2. Ceilings shall store in a vertical position, and shall rotate as an entire row to and from an angle specified by the Owners Representative to "play" position. 3. Ceiling panels shall have a V- shaped as shown on drawings. B. Suspension 1. Suspension by through -bolts or attachment to panel skins shall be unacceptable. C. Hardware 1. Shell ceiling angle shall be variable by means of an adjustment mechanism. 2. Ceiling angle adjustment means shall allow repeated deployment of ceilings to performance position without resetting angle. 3. Turnbuckles shall be fully rated with 8 -1 safety factory dropped forged and shall be moussed to prevent loosening. 11 61 13 -9 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 10 of 13 4. Ceiling panels shall have hinges with self - lubricating bearings. a. Ceilings without integral bearings that prevent metal -on metal friction shall not be acceptable. D. Lighting holes 1. Panel openings for lighting fixtures shall be finished and capped solid on the inside and finished to match the face of the panels. 2. There shall be a trim strip / edging ring at edge of fixture opening, finished to match the local (average) color of the finish pattern. E. Onboard Ceiling Lighting Fixtures 1. Provide integral LED lighting fixtures, as shown on Drawings. a. Fixtures shall be provided with full Tens kit and lenses installed. 1) It shall be under the work in this section to select lenses to provide a smooth even down light wash with a minimum 75 foot candle Tight output provided at 4' -0" above finished floor. Downlight wash shall have a minimum 50% overlap between fixture coverage areas. Any light spill on side wall towers shall be even and uniform. If adjustment or alteration to the location, quantity, circuiting or wattage of fixtures in required, contractor shall notify owners representative prior to bid or shall make adjustment as required with no additional cost to the owner. Any change to location of fixture layout shall not be made without written approval by owner's representative in all cases. b. Provide label permanently affixed to back of ceiling panel adjacent to each lighting fixture, in plain view when observed from stage level with ceiling vertical, indicating lighting circuit letter designation, characters shall be 3" tall minimum. c. Set individual DMX address for each fixture. Use DMX address 450 -509 starting at downstage left and working left to right and upstage. d. Provide LED fixtures. Acceptable fixture: 1) RD Series LED Fresnel fixtures with DMX dimming by The Light Source 2. Provide and install an additional (8) eight LED downlights at first catwalk. a. Fixture shall be installed centered over catwalk hatch and installed to clear hatch swing without breaking focus. b. Fixtures shall line up with shell ceiling light fixture spacing and layout. c. Provide all power and DMX cable daisy chained between fixtures and connect to power relay and DMX outlet on the first catwalk. d. Provide outrigger pipes as required to place the fixtures in the correct downlight position directly above the hatch. e. Provide pipe clamps and safety cables for each fixture. f. Use DMX address 440 -449 start from stage left. g. Provide LED Fixtures WL series with DMX dimming by the Light Source. 3. Provide fixtures and mounting assembly that allows access to lighting fixtures connectors screen and controls, without changing the angle of focus, and allows for fixture adjustment. Fixture shall be secured with safety cable to mounting assembly. 4. Fixtures shall be wired with mating L5 -20 twist -lock connectors and zoned as shown on the drawings. 5. Lighting fixtures shall be mounted to assemblies with tilt and yaw adjustment as well as vertical adjustment. 6. Fixtures shall dim from 1% to 100% smoothly. 7. Circuits shall be hardwired through a UL labeled wireway to a terminal box. 11 61 13 -10 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 11 of 13 F. Terminal Box 1. Batten mounted terminal boxes and receptacle boxes will be provided by the production lighting contractor. 2. Provide shell mounted terminal box with male pigtails for power and data of sufficient length to reach batten mounted terminal box. Cables shall be bundles together with zip ties and shall be secured to the mounting arm and to the rigging batten. 3. Strain relief shall be provided for the pigtails at the terminal box. G. Cable and Wiring 1. All wiring attached to the rear of the concert shell ceiling shall be run in conduit or raceway between receptacle boxes and fixtures. a. Provide separate metal wire way for power and data. b. Power wire 1) Power receptacles may either be female pigtails with grommets at the wire way or female receptacles located adjacent to each fixture position. Receptacles shall be wired in parallel. 2) Cable conductor size, quantity and rating shall be sized considering that the loads shown on drawings are operating at 100% for long durations, and per CA Electrical Code Section 400 -5 — Ampacities for Flexible Cords and Cables, and not considering CA Electrical Code Section 520. 3) Production dimming shall be rated for 100% continuous operation. Wire size and conduit/raceway shall be sized for the full rated loads of the dimmers and 100% continuous operation of every circuit without deration on any part of the circuit or system. c. Data wire 1) Data wire way shall house DMX data cables. 2) The first DMX cable shall plug into the batten mounted DMX receptacle and be secured to the ceiling bracket and framing as described above. 3) It shall enter the wire way and be secured with a grommet. 4) The female end of the DMX line shall exit the wire way, secured by a grommet, and shall have enough tail length to connect to the first fixture. 5) From this point a male wire shall have a tail from the wire way of a length and grommet in a similar manner and shall terminate to a female receptacle tail at the next lighting fixture in a similar manner. 6) This shall repeat at each fixture. 7) If required by fixture, a DMX termination device shall be mounted and secured at the end. H. Tilt Proximity Sensors 1. Tilt sensors shall be installed as described above and as shown on drawings. 2. Tilt sensors shall prevent the lights from energizing while the ceiling is vertical. I. Operation and Storage 1. Ceiling shall rotate from performance to vertical storage position. Maximum stored envelope shall not exceed 1' -4 ". No exceptions. 2. Ceiling shall be balanced such that each row shall require no more than two people to deploy. J. Shell ceilings shall be Wenger "Diva" or equal. 11 61 13 -11 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington 2.05 SYSTEM SIGNAGE Section 116113 Orchestra Shell Page 12 of 13 A. Provide signage indicating system operation, warnings and Orchestra Shell Contractor contact information. Signage shall be posted on the rear of each tower and ceiling unit. B. Signs shall meet ANSI Z535 standard for warning signs. PART 3 - EXECUTION 3.01 PERFORMANCE OF THE WORK A. The Orchestra Shell Contractor shall be responsible for storage of stage equipment, tools, and equipment during the period of the installation. B. Extent: All specified equipment shall be installed by fully trained superintendents and workmen. Equipment shall be installed in a workman like manner, per plans and specifications. Equipment shall be aligned, adjusted, and trimmed for the most efficient operation, the greatest safety and for the best visual appearance. C. Standards: Installation practices shall be in accordance with OSHA Safety and Health Standards and all local codes. All welding must be performed in full compliance with the latest edition of the Structural Welding Code (ANSI /AWS D1.1). D. Alignment: Towers shall stand plumb. Gaps between adjacent towers shall not exceed %2" variation along a 24' height. E. Attachments: All equipment shall be securely attached. F. Finishes: 1. All welds must be touched up to match disturbed finishes. 2. All finishes which are disturbed during shipping and installation shall be touched up to match the original. G. Adjust ceiling panel angles and lighting fixtures as requested by owner's representative or project acoustician prior to or at final checkout. 3.02 CLEAN UP A. The Contractor shall be responsible for clean up, including removal of packing materials etc. and the protection of surfaces or equipment provided by other contractors. 3.03 INSPECTION AND TESTING A. Upon completion of the installation, the Contractor shall notify the Owner's Representative that the system is available for formal checkout. Notification shall be provided in writing. Checkouts shall be scheduled in accordance with the Owner's Representative's schedule. B. During the periods where movable systems are operated, the Theatre shall be quiet. C. Inspection shall include, but shall not be limited to: 1. Visual observation and operation of all systems specified herein. D. Make available for review by the Owner's Representative: 11 61 13 -12 RFB #16 -012 Federal Way Performing Arts & Events Center Federal Way, Washington Section 116113 Orchestra Shell Page 13 of 13 1. Access to all components for physical inspection. 2. All systems shall be complete, and will be operated by the Owner's Representative for approval. 3. Spare parts inventory. E. The Contractor shall be liable for any return visits by the specialty sub - contractor, factory engineer or Owner's Representative as a result of incomplete or incorrect installation, or erroneous representation that the systems are complete and ready for the related Contractor or Owner's representative to carry out their work. 3.04 TRAINING A. Upon final approval of the system by the Owner's Representative, representatives from the Orchestra Shell Contractor shall provide instruct designated Owner staff or representatives in the safe use and maintenance of all systems specified herein. Training shall include: 1. Review of all instructional and maintenance documentation. 2. Complete run - through of shell deployment from storage to performance position, and strike for storage. B. Schedule training sessions shall be scheduled in advance to the Owner staff or representatives' schedules. C. Training shall be 4 hours minimum. END OF SECTION 11 61 13 -13 RFB #16 -012 APPENDIX B STANDARD PLANS AND DETAILS City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 55 2016 RFB ver. 4 -16 tl I t_ t 77. 111013H E.0.1. .. • / ot6 i SE I. P 'EP . z I. ed. me ' me ; R 1 .00e ' : i 4 i --wi 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 io 0 0 0 / 0 0 o 0 0 0 0 0 0 0 0 0 olo o1-1 o I TEGWV HOwNLIGHTiN HELLCEILING ON (ti CENTERS • SHELL CEILING MP) : • rWIHE Htq HEEPY GROOVE. TRW . 1114 I : —I / SHELL TOWER mR ..o, me At, x ___. ..,., Av., x, A i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 io 0 0 0 / 0 0 o 0 0 0 0 0 0 0 0 0 olo o1-1 o I TEGWV HOwNLIGHTiN HELLCEILING ON (ti CENTERS • SHELL CEILING MP) CS • rWIHE Htq HEEPY GROOVE. TRW . YM 41li 9 I009-tp8 0 lOZ/14/6 PKuup i g 8 8 -55 A NM • • • • MO I= • • MN • • • NM MI • MI 2 0 Wtl WL■6 YIWt4/6 C+WuE 0 N W g gii -g; a F z_ 0 W IX ix WW a1- >-z Qw g Z k6 W j c u ga _ _ _ • • • _ • • _ • • • • • _ • • • z 0 wi k Pi I g R1R.Sda Prg g g 2 Wv OS Z., >lWllS pawua J J W 2 Z 0 I— p:Z� WJ 0a =Q O D I- aw00 ;2. APPENDIX C PREVAILING WAGE RATES AND BENEFIT CODE KEY City of Federal Way RFB # 16 -012 Performing Arts and Event Center Orchestra Shell Page 56 2016 RFB ver. 4 -16 11/22/2016 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: 11/22/2016 County King King King King King King King King King King King King King King King King King King King King King King King King King King King King King Trade Asbestos Abatement Workers Boilermakers Brick Mason Brick Mason Building Service Employees Building Service Employees Building Service Employees Building Service Employees Cabinet Makers (In Shop) Carpenters Carpenters Carpenters Carpenters Carpenters Carpenters Carpenters Carpenters Cement Masons Divers Et Tenders Divers Et Tenders Divers Et Tenders Divers Et Tenders Divers Et Tenders Dredge Workers Dredge Workers Dredge Workers Dredge Workers Dredge Workers Dredge Workers Job Classification Journey Level Journey Level Journey Level Pointer - Caulker - Cleaner Janitor Traveling Waxer /Shampooer Window Cleaner (Non- Scaffold) Window Cleaner (Scaffold) Journey Level Acoustical Worker Bridge, Dock And Wharf Carpenters Carpenter Carpenters on Stationary Tools Creosoted Material Floor Finisher Floor Layer Scaffold Erector Journey Level Diver Diver On Standby Diver Tender Surface Rcv Et Rov Operator Surface Rcv Et Rov Operator Tender Assistant Engineer Assistant Mate (Deckhand) Boatmen Engineer Welder Leverman, Hydraulic Mates Wage Holiday Overtime Note $45.25 5D 1 H $64.29 5N 1C $54.32 5A 1M $54.32 5A 1M $22.84 5S 2F $23.29 55 2F $23.99 5S 2F $26.78 5S 2F $22.74 1 $55.51 5D 4C $55.51 5D 4C $55.51 $55.64 $55.61 $55.51 $55.51 $55.51 $55.56 $108.77 $66.05 $59.88 $59.88 $55.76 $56.44 $56.00 $56.44 $57.51 S58.67 $56.44 5D 5D 5D 5D 5D 5D 7A 5D 5D 5D 5D 5A 5D 5D 5D 5D 5D 5D 4C 4C 4C 4C 4C 4C 1M 4C 8A 4C 4C 4C 4C 3F 3F 3F 3F 3F 3F about:blank 1/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 about:blank King Dredge Workers Oiler $56.00 5D 3F King Drywall Applicator Journey Level $55.51 5D 1H King Drywall Tapers Journey Level $55.66 5P 1E King Electrical Fixture Maintenance Journey Level $27.24 5L 1E Workers King Electricians - Inside Cable Splicer $69.77 7C 4E King Electricians - Inside Cable Splicer (tunnel) $74.95 7C 4E King Electricians - Inside Certified Welder $67.41 7C 4E King Electricians - Inside Certified Welder (tunnel) $72.37 7C 4E King Electricians - Inside Construction Stock Person $37.94 7C 4E King Electricians - Inside Journey Level $65.05 7C 4E King Electricians - Inside Journey Level (tunnel) $69.77 7C 4E King Electricians - Motor Shop Craftsman $15.37 1 King Electricians- Motor Shop Journey Level $14.69 1 King Electricians - Powertine Cable Splicer $71.85 5A 4D Construction King Electricians - Powerline Certified Line Welder $65.71 5A 4D Construction King Electricians - Powerline Groundperson $44.12 5A 4D Construction King Electricians - Powerline Heavy Line Equipment Operator $65.71 5A 4D Construction King Electricians - Powertine Journey Level Lineperson $65.71 5A 4D Construction King Electricians - Powertine Line Equipment Operator $55.34 5A 4D Construction King Electricians - Powerline Pole Sprayer $65.71 5A 4D Construction King Electricians - Powerline Powderperson $49.16 5A 4D Construction King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $85.45 7D 4A King Elevator Constructors Mechanic In Charge $92.35 7D 4A King Fabricated Precast Concrete All Classifications - In- Factory $16.55 5B 1R Products Work Only King Fence Erectors Fence Erector $15.18 1 King Flamers Journey Levet $38.36 7A 31 King Glaziers Journey Levet $58.31 7L 1Y King Heat Et Frost Insulators And Journeyman $65.43 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $75.46 7F 1E King Hod Carriers Et Mason Tenders Journey Level $46.66 7A 31 King Industrial Power Vacuum Cleaner Journey Level $9.47 1 King Inland Boatmen Boat Operator $56.78 5B 1K King Inland Boatmen Cook $53.30 5B 1K King Inland Boatmen Deckhand $53.30 5B 1K King Inland Boatmen Deckhand Engineer $54.32 5B 1K King Inland Boatmen Launch Operator $55.57 5B 1K King Inland Boatmen Mate $55.57 5B 1K about:blank 2/16 11/22/2016 about:blank King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer Et Water Systems By Remote Operator Control King Inspection /Cleaning /Sealing Of Grout Truck Operator $11.48 1 Sewer a Water Systems By Remote Control King Inspection /Cleaning /Seating Of Head Operator $24.91 1 Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Technician $19.33 1 Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $55.51 5D 4C King Ironworkers Journeyman $65.53 7N 10 King Laborers Air, Gas Or Electric Vibrating $45.25 7A 31 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 about:blank King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers King Laborers Drill Operator $46.09 7A 31 (hydraulic ,diamond) Dry Stack Walls $45.25 7A 31 Dump Person $45.25 7A 31 Epoxy Technician $45.25 7A 31 Erosion Control Worker $45.25 7A 31 Faller Et Bucker Chain Saw $46.09 7A 31 Fine Graders $45.25 7A 31 Firewatch $38.36 7A 31 Form Setter $45.25 7A 31 Gabian Basket Builders $45.25 7A 31 General Laborer $45.25 7A 31 Grade Checker Et Transit Person $46.66 7A 31 Grinders $45.25 7A 31 Grout Machine Tender $45.25 7A 31 Groutmen (pressure)including Post $46.09 7A 31 Tension Beams Guardrail Erector $45.25 7A 31 Hazardous Waste Worker (level A) $46.66 7A 31 Hazardous Waste Worker (level B) $46.09 7A 31 Hazardous Waste Worker (level C) $45.25 7A 31 High Scaler $46.66 7A 31 Jackhammer $46.09 7A 31 Laserbeam Operator $46.09 7A 31 Maintenance Person $45.25 7A 31 Manhole Builder - mudman $46.09 7A 31 Material Yard Person $45.25 7A 31 Motorman -dinky Locomotive $46.09 7A 31 Nozzleman (concrete Pump, $46.09 7A 31 Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla Pavement Breaker $46.09 7A 31 Pilot Car $38.36 7A 31 Pipe Layer Lead $46.66 7A 31 Pipe Layer /tailor $46.09 7A 31 Pipe Pot Tender $46.09 7A 31 Pipe Reliner $46.09 7A 31 Pipe Wrapper $46.09 7A 31 Pot Tender $45.25 7A 31 Powderman $46.66 7A 31 Powderman's Helper $45.25 7A 31 Power Jacks $46.09 7A 31 Railroad Spike Puller - Power $46.09 7A 31 Raker - Asphalt $46.66 7A 31 Re- timberman $46.66 7A 31 about:blank 4/16 11/22/2016 about: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 31 King Laborers Sloper Sprayer $45.25 7A 31 King Laborers Spreader (concrete) $46.09 7A 31 King Laborers Stake Hopper $45.25 7A 31 King Laborers Stock Piler $45.25 7A 31 King Laborers Tamper Et Similar Electric, Air Et $46.09 7A 31 Gas Operated Tools King Laborers Tamper (multiple & Self- $46.09 7A 31 propelled) King Laborers Timber Person - Sewer (lagger, $46.09 7A 31 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 7A 31 8R King Laborers Traffic Control Supervisor $41.02 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 8M Worker 0 -30 psi King Laborers Tunnel Work- Compressed Mr $88.15 7A 31 8M Worker 30.01 -44.00 psi King Laborers Tunnel Work- Compressed Air $91.83 7A 31 84 Worker 44.01 -54.00 psi King Laborers Tunnel Work- Compressed Air $97.53 7A 31 8�( Worker 54.01 -60.00 psi King Laborers Tunnel Work- Compressed Air $99.65 7A 31 1M Worker 60.01 -64.00 psi King Laborers Tunnel Work- Compressed Air $104.75 7A 31 B Worker 64.01 -68.00 psi King Laborers Tunnel Work- Compressed Air $106.65 7A 31 8�( Worker 68.01 -70.00 psi King Laborers Tunnel Work- Compressed Air $108.65 7A 31 IQ Worker 70.01 -72.00 psi King Laborers Tunnel Work- Compressed Air $110.65 7A 31 8MC Worker 72.01 -74.00 psi King Laborers Tunnel Work -Guage and Lock $46.76 7A 31 4 Tender King Laborers Tunnel Work -Miner $46.76 7A 31 M King Laborers Vibrator $46.09 7A 31 King Laborers Vinyl Seamer $45.25 7A 31 about:blank 5/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 King Laborers King Laborers King Laborers King Laborers King Laborers - Underground Sewer ft Water King Laborers - Underground Sewer Et Water King Landscape Construction King Landscape Construction King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King King about:blank Landscape Construction Lathers Marble Setters Metal Fabrication (In Shop) Metal Fabrication (In Shop) Metal Fabrication (In Shop) Metal Fabrication (In Shop) Metal Fabrication (In Shop) Millwright Modular Buildings Modular Buildings Modular Buildings Modular Buildings Modular Buildings Modular Buildings Modular Buildings Modular Buildings Painters Pile Driver Plasterers Playground & Park Equipment Installers Plumbers & Pipefitters Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators about:blank Watchman Welder Well Point Laborer Window Washer /cleaner General Laborer Et Topman Pipe Layer Irrigation Or Lawn Sprinkler Installers Landscape Equipment Operators Or Truck Drivers $34.86 7A 31 $46.09 7A 31 $46.09 7A 31 $34.86 7A 31 $45.25 7A 31 $46.09 7A 31 $13.56 1 $28.17 1 Landscaping or Planting Laborers $17.87 1 Journey Level $55.51 5D 1H Journey Level $54.32 5A 1M Fitter $15.86 1 Laborer $9.78 1 Machine Operator $13.04 1 Painter $11.10 1 Welder $15.48 1 Journey Level $57.01 5D 4C Cabinet Assembly $11.56 1 Electrician $11.56 1 Equipment Maintenance $11.56 1 Plumber $11.56 1 Production Worker $9.47 1 Tool Maintenance $11.56 1 Utility Person $11.56 1 Welder $11.56 1 Journey Level $40.60 6Z 2B Journey Level $55.76 5D 4C Journey Level $53.20 7D 1R Journey Level $9.47 1 Journey Level Asphalt Plant Operators Assistant Engineer Barrier Machine (zipper) Batch Plant Operator, Concrete Bobcat Brokk - Remote Demolition Equipment Brooms Bump Cutter Cableways Chipper Compressor Concrete Pump: Truck Mount With $75.06 6Z 1G $58.69 7A 3C $55.21 7A 3C $58.17 7A 3C $58.17 7A 3C $55.21 7A 3C $55.21 7A 3C $55.21 7A 3C $58.17 7A 3C $58.69 7A 3C $58.17 7A 3C $55.21 7A 3C $58.69 7A 3C 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 8P 6/16 11/22/2016 King King Power Equipment Operators 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 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 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 about:blank about:blank Boom Attachment Over 42 M Concrete Finish Machine -laser $55.21 7A Screed Concrete Pump - Mounted Or $57.72 7A Trailer High Pressure Line Pump, Pump High Pressure. Concrete Pump: Truck Mount With $58.17 7A Boom Attachment Up To 42m Conveyors $57.72 7A Cranes Friction: 200 tons and over $60.47 7A Cranes: 20 Tons Through 44 Tons $58.17 7A With Attachments Cranes: 100 Tons Through 199 $59.28 7A Tons, Or 150' Of Boom (Including Jib With Attachments) Cranes: 200 tons- 299 tons, or $59.88 7A 250' of boom including jib with attachments Cranes: 300 tons and over or 300' $60.47 7A of boom including jib with attachments Cranes: 45 Tons Through 99 Tons, $58.69 7A Under 150' Of Boom (including Jib With Attachments) Cranes: A -frame - 10 Tons And $55.21 7A Under Cranes: Friction cranes through 199 tons Cranes: Through 19 Tons With $57.72 7A Attachments A -frame Over 10 Tons Crusher $58.17 7A 3C 8P 3C 8P 3C 8P 3C 3C 3C 8P 8P 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P $59.88 7A 3C 8P Deck Engineer /deck Winches (power) Derricks, On Building Work Dozers D -9 It Under Drill Oilers: Auger Type, Truck Or Crane Mount Drilling Machine $58.17 7A $58.69 $57.72 $57.72 7A 7A 7A $59.28 7A Elevator And Man -lift: Permanent $55.21 7A And Shaft Type Finishing Machine, Bidwell And $58.17 7A Gamaco Et Similar Equipment Forklift: 3000 Lbs And Over With $57.72 7A Attachments Forklifts: Under 3000 Lbs. With $55.21 7A Attachments Grade Engineer: Using Blue Prints, $58.17 7A Cut Sheets, Etc Gradechecker /stakeman $55.21 7A Guardrail Punch $58.17 7A Hard Tail End Dump Articulating $58.69 7A 3C 8P 3C 8P 3C 8P 3C 3C 3C 8P 8P 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 3C 3C 8P 8P 8P 7/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I11/22/2016 about:blank 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 King King King King King Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators 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 Power Equipment Operators King King King King King King Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators King Power Equipment Operators Off- Road Equipment 45 Yards. & Over Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards Horizontal /directional Drill Locator Horizontal /directional Drill Operator Hydralifts /boom Trucks Over 10 Tons Hydralifts /boom Trucks, 10 Tons And Under Loader, Overhead 8 Yards. & Over Loader, Overhead, 6 Yards. But Not Including 8 Yards Loaders, Overhead Under 6 Yards Loaders, Plant Feed Loaders: Elevating Type Belt Locomotives, All Material Transfer Device Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) Motor Patrol Graders Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield Oil Distributors, Blower Distribution & Mulch Seeding Operator Outside Hoists (elevators And Manlifts), Air Tuggers,strato Overhead, Bridge Type Crane: 20 Tons Through 44 Tons Overhead, Bridge Type: 100 Tons And Over Overhead, Bridge Type: 45 Tons Through 99 Tons Pavement Breaker Pile Driver (other Than Crane Mount) Plant Oiler - Asphalt, Crusher Posthole Digger, Mechanical Power Plant Pumps - Water Quad 9, Hd 41, D10 And Over Quick Tower - No Cab, Under 100 Feet In Height Based To Boom Remote Control Operator On Rubber Tired Earth Moving Equipment $58.17 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $55.21 7A 3C 8P $59.28 7A 3C 8P $58.69 7A 3C 8P $58.17 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $58.17 7A 3C 8P $59.28 7A 3C 8P $58.69 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $59.28 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $55.21 7A 3C 8P $55.21 7A 3C 8P $55.21 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $58.69 7A 3C 8P about:blank 8/16 11/22/2016 King Power Equipment Operators King Power Equipment Operators King King King King King King Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King King King Power Equipment Operators Power Equipment Operators Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King Power Equipment Operators King King King King King Power Equipment Operators Power Equipment Operators Power Equipment Operators Power Equipment Operators 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 Power Equipment Operators King Power Equipment Operators King Power Equipment Operators - Underoround Sewer a Water about:blank Rigger And Bellman Rigger /Signal Person, Bellman $57.72 7A (Certified) Rollagon $58.69 7A Roller, Other Than Plant Mix $55.21 7.4 Roller, Plant Mix Or Multi -lift $57.72 7A Materials Roto -mill, Roto - grinder $58.17 7A Saws - Concrete $57.72 7A Scraper, Self Propelled Under 45 $58.17 7A Yards Scrapers - Concrete a Carry All Scrapers, Self - propelled: 45 Yards And Over Service Engineers - Equipment $57.72 7A Shotcrete /gunite 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 7.4 Over 90 Metric Tons Slipform Pavers $58.69 7A Spreader, Topsider a 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 $59.88 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 $55.21 7A 3C 8P 3C 8P 3C 3C 3C 3C 3C 3C 8P 8P 8P 8P 8P 8P $57.72 7A 3C 8P $58.69 7A 3C 8P 3C 3C 3C 3C 8P 8P 8P 8P 3C 8P 3C 8P 3C 8P 3C 3C 3C 3C 3C 3C 3C 3C 3C 8P 8P 8P 8P 8P 8P 8P 8P 8P 3C 8P 3C 8P 3C 3C 3C 3C 3C 8P 8P 8P 8P 8P about:blank 9/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 about:blank King Power Equipment Operators - Underground Sewer a Water King Power Equipment Operators - Underground Sewer a Water King Power Equipment Operators- Underground Sewer a Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - UnderQround Sewer & Water King Power Equipment Operators - Underground Sewer a Water King Power Equipment Operators - Underoround Sewer Et Water King Power Equipment Operators - Under2round Sewer a Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators - UnderQround Sewer Et Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underoround Sewer Et Water King Power Equipment Operators - Undewound Sewer Et Water King Power Equipment Operators- Underground Sewer a Water King Power Equipment Operators - Under2round Sewer & Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators - Underground Sewer a Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer a Water King Power Equipment Operators - Underround Sewer & Water Assistant Engineer $55.21 7A 3C 8P Barrier Machine (zipper) $58.17 7A 3C 8P Batch Plant Operator, Concrete $58.17 7A 3C 8P Bobcat $55.21 7A 3C 8P Brokk - Remote Demolition $55.21 7A 3C 8P Equipment Brooms $55.21 7A 3C 8P Bump Cutter $58.17 7A 3C 8P Cableways $58.69 7A 3C 8P Chipper $58.17 7A 3C 8P Compressor $55.21 7A 3C 8P Concrete Pump: Truck Mount With $58.69 7A 3C 8P Boom Attachment Over 42 M Concrete Finish Machine -laser $55.21 7A 3C 8P Screed Concrete Pump - Mounted Or $57.72 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. Concrete Pump: Truck Mount With $58.17 7A 3C 8P Boom Attachment Up To 42m Conveyors $57.72 7A 3C 8P Cranes Friction: 200 tons and over $60.47 7A 3C 8P Cranes: 20 Tons Through 44 Tons $58.17 7A 3C 8P With Attachments Cranes: 100 Tons Through 199 $59.28 7A 3C 8P Tons, Or 150' Of Boom (Including Jib With Attachments) Cranes: 200 tons- 299 tons, or $59.88 7A 3C 8P 250' of boom including jib with attachments Cranes: 300 tons and over or 300' $60.47 7A 3C 8P of boom including jib with attachments Cranes: 45 Tons Through 99 Tons, $58.69 7A 3C 8P Under 150' Of Boom (including Jib With Attachments) Cranes: A -frame - 10 Tons And $55.21 7A 3C 8P Under Cranes: Friction cranes through $59.88 7A 3C 8P 199 tons Cranes: Through 19 Tons With $57.72 7A 3C 8P Attachments A -frame Over 10 about:blank 10/16 11/22/2016 King King King King King King King King King King King King King King King King King King King King King King King King King about:blank Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators- Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators- Underground Sewer & Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators- Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators- Underground Sewer Et Water Power Equipment Operators - Under0round Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators- Underground Sewer & Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators- Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer & Water about:blank Tons Crusher $58.17 7A 3C 8P Deck Engineer /deck Winches $58.17 7A 3C 8P (power) Derricks, On Building Work $58.69 7A 3C 8P Dozers D -9 Et Under $57.72 7A 3C 8P Drill Oilers: Auger Type, Truck Or $57.72 7A 3C 8P Crane Mount Drilling Machine $59.28 7A 3C 8P Elevator And Man -lift: Permanent And Shaft Type Finishing Machine, Bidwell And Gamaco & Similar Equipment Forklift: 3000 Lbs And Over With Attachments Forklifts: Under 3000 Lbs. With Attachments Grade Engineer: Using Blue Prints, Cut Sheets, Etc Gradechecker /stakeman Guardrail Punch Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Er Over $55.21 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $55.21 7A 3C 8P $58.17 7A 3C 8P $55.21 7A 3C 8P $58.17 7A 3C 8P $58.69 7A 3C 8P Hard Tail End Dump Articulating $58.17 7A 3C 8P Off -road Equipment Under 45 Yards Horizontal /directional Drill $57.72 7A 3C 8P Locator Horizontal /directional Drill $58.17 7A 3C 8P Operator Hydralifts /boom Trucks Over 10 $57.72 7A 3C 8P Tons Hydralifts /boom Trucks, 10 Tons $55.21 7A 3C 8P And Under Loader, Overhead 8 Yards. Et Over $59.28 7A 3C 8P Loader, Overhead, 6 Yards. But $58.69 7A 3C 8P Not Including 8 Yards Loaders, Overhead Under 6 Yards $58.17 7A 3C 8P Loaders, Plant Feed $58.17 7A 3C 8P Loaders: Elevating Type Belt $57.72 7A 3C 8P Locomotives, All $58.17 7A 3C 8P 11/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 King King King King Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators- Underground Sewer & Water Power Equipment Operators- Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators- Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer Et Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water King Power Equipment Operators- Underground Sewer & Water King Power Equipment Operators - Underground Sewer & Water about:blank Material Transfer Device Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) Motor Patrol Graders Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield Oil Distributors, Blower Distribution & Mulch Seeding Operator Outside Hoists (elevators And Manlifts), Air Tuggers,strato Overhead, Bridge Type Crane: 20 Tons Through 44 Tons Overhead, Bridge Type: 100 Tons And Over Overhead, Bridge Type: 45 Tons Through 99 Tons Pavement Breaker Pile Driver (other Than Crane Mount) Plant Oiler - Asphalt, Crusher Posthole Digger, Mechanical Power Plant Pumps - Water Quad 9, Hd 41, D10 And Over Quick Tower - No Cab, Under 100 Feet In Height Based To Boom Remote Control Operator On Rubber Tired Earth Moving Equipment Rigger And Bellman Rigger /Signal Person, Bellman (Certified) Rollagon Roller, Other Than Plant Mix Roller, Plant Mix Or Multi -lift Materials Roto -mill, Roto - grinder Saws - Concrete $58.17 7A 3C 8P $59.28 7A 3C 8P $58.69 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $59.28 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $55.21 7A 3C 8P $55.21 7A 3C 8P $55.21 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $57.72 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P about:blank 12/16 11/22/2016 King King King King King King King King King King King King King King King King King King King King King King King King King King about:blank Power Equipment Operators - Underground Sewer a Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underoround Sewer a Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer a Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underaround Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer a Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underoround Sewer a Water Power Equipment Operators - Underaround Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators- Underground Sewer a Water Power Equipment Operators - Underaround Sewer Et Water Power Equipment Operators - Underground Sewer a Water Power Equipment Operators - Underaround Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer Et Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer & Water Power Equipment Operators - Underground Sewer a Water Power Equipment Operators - Underground Sewer & Water Power Line Clearance Tree Trimmers about:blank Scraper, Self Propelled Under 45 $58.17 7A 3C 8P Yards Scrapers - Concrete Et Carry All Scrapers, Self - propelled: 45 Yards And Over Service Engineers - Equipment Shotcrete /gunite Equipment Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons Shovel, Excavator, Backhoes: Over 90 Metric Tons Slipform Pavers Spreader, Topsider Et Screedman Subgrader Trimmer Tower Bucket Elevators Tower Crane Up To 175' In Height Base To Boom Tower Crane: over 175' through 250' in height, base to boom Tower Cranes: over 250' in height from base to boom Transporters, All Track Or Truck Type Trenching Machines Truck Crane Oiler /driver - 100 Tons And Over Truck Crane Oiler /driver Under 100 Tons Truck Mount Portable Conveyor Welder Wheel Tractors, Farmall Type Yo Yo Pay Dozer Journey Level In Charge $57.72 7A $58.69 7A $57.72 7A $55.21 7A $57.72 7A $58.69 7A $58.17 7A $59.28 7A 3C 8P 3C 8P 3C 8P 3C 8P 3C 8P 3C 3C 8P 8P 3C 8P $59.88 7A 3C 8P $58.69 7A 3C 8P $58.69 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $59.28 7A 3C 8P $59.88 7A 3C 8P $60.47 7A 3C 8P $58.69 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $57.72 7A 3C 8P $58.17 7A 3C 8P $58.69 7A 3C 8P $55.21 7A 3C 8P $58.17 7A 3C 8P $47.08 5A 4A 13/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 about:blank King Power Line Clearance Tree Trimmers King Power Line Clearance Tree Trimmers King Power Line Clearance Tree Trimmers King Power Line Clearance Tree Trimmers King Refrigeration Et Air Conditioning Mechanics King Residential Brick Mason King Residential Carpenters King Residential Cement Masons King Residential Drywall Applicators King Residential Drywall Tapers King Residential Electricians King Residential Glaziers King Residential Insulation Applicators King Residential Laborers King Residential Marble Setters King Residential Painters King Residential Plumbers Et Pipefitters King Residential Refrigeration Et Air Conditioning, Mechanics King Residential Sheet Metal Workers King Residential Soft Floor Layers King Residential Sprinkler Fitters (Fire Protection) King Residential Stone Masons King Residential Terrazzo Workers King Residential Terrazzo /Tile Finishers King Residential Tile Setters King Roofers King Roofers King King King King King King King King King King King King King about:blank Sheet Metal Shipbuilding Shipbuilding Shipbuilding Shipbuilding, Shipbuilding, Shipbuilding Shipbuilding Shipbuilding Shipbuilding Shipbuilding Shipbuilding, Shipbuilding, Workers Et Ship Repair Et Ship Repair Et Ship Repair & Ship Repair & Ship Repair Et Ship Repair & Ship Repair & Ship Repair & Ship Repair & Ship Repair & Ship Repair & Ship Repair Spray Person Tree Equipment Operator Tree Trimmer Tree Trimmer Groundperson Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level (Field or Shop) Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Journey Level Using Irritable Bituminous Materials Journey Level (Field or Shop) Boilermaker Carpenter Electrician Heat Et Frost Insulator Laborer Machinist Operator Painter Pipefitter Rigger Sheet Metal Shipfitter $44.64 5A 4A $47.08 5A 4A $42.01 5A 4A $31.65 5A 4A $74.66 6Z 1G $54.32 5A 1M $28.20 1 $22.64 1 $41.69 5D 4C $55.66 5P 1E $30.44 1 $38.40 7L 111 $26.28 1 $23.03 1 $24.09 1 $24.46 1 $34.69 1 $74.66 6Z 1G $45.99 7F 1R $45.86 5A 3D $42.73 5C 2R $54.32 5A 1M $48.86 5A 1M $21.46 1 $25.17 1 $46.46 5A 3H $49.46 5A 311 $75.46 7F 1E $41.72 7M 1H $41.06 7T 2B $41.09 7T 4B $65.43 5J 1S $41.08 7T 4B $41.32 7T 4B $41.03 7T 4B $41.05 7T 4B $41.05 7T 4B $41.12 7T 4B $41.04 7T 4B $41.12 7T 4B 11/22/2016 about:blank King Shipbuilding & Ship Repair Trucker $41.01 71. 4B King Shipbuilding Et Ship Repair Warehouse $41.02 7T 4B King Shipbuilding Et Ship Repair Welder /Burner $41.12 7T 4B King Sign Makers & Installers Sign Installer $22.92 1 (Electrical) King Sign Makers & Installers Sign Maker $21.36 1 (Electrical) King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers & Installers (Non- Sign Maker $33.25 1 Electrical) King Soft Floor Layers Journey Level $45.86 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $72.49 5C 1X King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $54.32 5A 1M King Street And Parking Lot Sweeper Journey Level $19.09 1 Workers King Surveyors Assistant Construction Site $57.72 7A 3C 8P Surveyor King Surveyors Chainman $57.17 7A 3C 8P King Surveyors Construction Site Surveyor $58.69 7A 3C 8P King Telecommunication Technicians Journey Level $22.76 1 King Telephone Line Construction - Cable Splicer $37.60 5A 2B Outside King Telephone Line Construction Hole Digger /Ground Person $20.79 5A 2B Outside King Telephone Line Construction Installer (Repairer) $36.02 5A 2B Outside King Telephone Line Construction Special Aparatus Installer I $37.60 5A 2B Outside King Telephone Line Construction Special Apparatus Installer II $36.82 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator $37.60 5A 2B Outside (Heavy) King Telephone Line Construction Telephone Equipment Operator $34.94 5A 2B Outside (Light) King Telephone Line Construction Telephone Lineperson $34.93 5A 2B Outside King Telephone Line Construction Television Groundperson $19.73 5A 2B Outside King Telephone Line Construction Television Lineperson /Installer $26.31 5A 2B Outside King Telephone Line Construction Television System Technician $31.50 5A 2B Outside King Telephone Line Construction - Television Technician $28.23 5A 2B Outside King Telephone Line Construction - Tree Trimmer $34.93 5A 2B Outside King Terrazzo Workers Journey Level $48.86 5A 1M about:blank 15/16 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 11/22/2016 King Tile Setters King Tile, Marble & Terrazzo Finishers King Traffic Control Stripers King Truck Drivers King Truck Drivers King Truck Drivers King Truck Drivers King Truck Drivers King Truck Drivers King Well Drillers & Installers King Well Drillers & Installers King Well Drillers & Installers Irrigation Pump Irrigation Pump Irrigation Pump about:blank Journey Level $21.65 1 Finisher $39.69 5A 1B Journey Level $44.35 7A 1K Asphalt Mix Over 16 Yards (W. $51.25 5D 3A WA -Joint Council 28) Asphalt Mix To 16 Yards (W. WA- $50.41 5D 3A Joint Council 28) Dump Truck Et Trailer $51.25 5D 3A Dump Truck (W. WA -Joint Council $50.41 5D 3A 28) Other Trucks (W. WA -Joint $51.25 5D 3A Council 28) Transit Mixer $43.23 1 Irrigation Pump Installer $17.71 1 Oiler $12.97 1 Well Driller $18.00 1 8L 8L 8L 8L 8L about blank 16/16 Benefit Code Key — Effective 8/31/2016 thru 3/2/2017 ***************************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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. 1. 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. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. J. 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. 1 Benefit Code Key — Effective 8/31/2016 thru 3/2/2017 Overtime Codes Continued 2. 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. 3. 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. 3 • • • Benefit Code Key — Effective 8/31/2016 thru 3/2/2017 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 (11/2) 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. F. 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. 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 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). 5 Benefit Code Key — Effective 8/31/2016 thru 3/2/2017 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. 7. 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. 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 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. 7 Benefit Code Key — Effective 8/31/2016 thru 3/2/2017 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. 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 S0.40 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. 9