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AG 18-101 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PRCS/ 1 2. ORIGINATING STAFF PERSON: 1e-E-e EXT: I\ 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): o CONTRACTORCOSELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) IteELIC WORKS CONTRACT /SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS). ❑ ORDINANCE ❑ RESOLUTION o CONTRACT AMENDMENT(AG#): o INTERLOCAL o OTHER 5. PROJECT NAME: F k►l( t f' ry o 04\ 6. AME OF CONTRACTOR: Ctmc.fti � kraal LL(d _ ?T?U _�� ADDRES . - - � • ''r 0111101[WA24\3411(0 TELEPHONE: 253• ' I•E-MAIL: Y1^,1 C- iV t' ec. rsfy��. DA, i .CM b-rFAX: SIGNATURE NAME: 6r-1g111Qi lW.1hSey‘ TITLE: V12rlPrTc.S v 7. EXHIBITS AND ATTACHMENTS:o SCOPE,WORK OR SERVICES ❑ COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / /_ 1' I'� Q:20 a-3,1 -Co!km,''"ti ti 7 ? (ROA �V�T 8. TERM: COMMENCEMENT DATE: `i>"-' J� COMPLETION DATE: 3f 9. TOTAL COMPENSATION:$ 23/000 + f Z/'OO 1 " l D,0O (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: - ES 305-11". 1q1-❑NO IF YES,$ 17-1317-1300I .,p0 / _ PAID BY:,e CONTRACTOR ❑CITY o PURCHASING: PLEASE CHARGE To: ✓� `�p ( W 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEW_ED INITIAL/DATE APPROVED p41IOJECT MANAGER (0.• 141)�❑ SUPERVISOR ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW DEPT EiF Sao./ 2618 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: (O I Z t IS COUNCIL APPROVAL DATE: 4.• •48 12. CONTRACT SIGNATURE ROUTING , o SENT TO VENDOR/CONTRACTOR DATE SENT: /I 1 / r V DATE REC'D: r /' ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS o CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED X. LAW DEPT Si iv) 201 8 )Q SIGNATORY M` A�YQJ.OR DIRECTOR) •e;AI"'AIWA ,CITY CLERK /i,�C�/7{�.� ����� ASSIGNED AG# AG# i ,y, 1113° 0 S ❑ SIGNED COPY RETURNED DATE SENT: 111 rA *PfO RETURN ONE ORIGINAL COMMENTS: .OWL V S 'c nce. Cvt4t 2/17 SMALL PUBLIC WORKS CONTRACT FOR PANTHER LAKE TRAIL PERVIOUS CONCRETE This small public works contract ("Contract") is dated effective th•is t1 kb day of 3 tuty 2011 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and Four Seasons Concrete Construction, LLC, a Washington Limited Liability Company("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at Panther Lake Trail, Federal Way, Washington ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Panther Lake Trail project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B," Contractor's Retainage Agreement attached as Exhibit "C," Contractor's Retainage Bond attached as Exhibit "D," Notice to Labor Unions attached as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," Performance/Payment Bond attached hereto as Exhibit "G," Prevailing Wage Rates attached as Exhibit "H," Title VI Assurances attached hereto as Exhibit "I," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed within sixty(60) days of receipt by the Contractor of the City's Notice to Proceed. The Notice to Proceed will be issued at the City's discretion based on the progress of paving preparations performed by a third party. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual Rev 4/17 - 1 - cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T where: LD = Liquidated damages per working day(rounded to the nearest dollar). C = Original Contract amount. T= Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement Rev 4/17 - 2 - setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call"locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. Rev 4/17 - 3 - 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to One Hundred Twenty-Three Thousand and No/100 Dollars ($123,000.00), and Washington State sales tax equal to Twelve Thousand Three Hundred and No/100 Dollars ($12,300.00), for a total amount not to exceed One Hundred Thirty-Five Thousand Three Hundred and No/100 Dollars ($135,300.00), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty(30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Steve Ikerd Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor's Retainage Agreement attached hereto as Exhibit"C" or execute the Retainage Bond attached hereto as Exhibit "D."No payments shall be made by the City from the retained percentage fund ("Fund") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Rev 4/17 - 4 - Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services,programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin,marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit"E," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Rev 4/17 - 5 - 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products Rev 4/17 - 6 - liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an All Risk Builder's Risk 2 form at all times in an amount no less than the replacement value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an"occurrence" form as opposed to a"claims made" or"claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self-insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self-insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self-insured retentions. Rev 4/17 - 7 - 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non-acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the m bond. amount of the bo d. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract as less than Thirty-Five Thousand Dollars ($35,000.00), the City may, in lieu of a bond, retain fifty percent (50%) of the Contract amount for a period of thirty(30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. Rev 4/17 - 8 - 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 12.4 Disputes. In the eventdispute arises as to what are the prevailing rates of p any p wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers,materials or insurance premiums. Rev 4/17 - 9 - 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms Rev 4/17 - 10 - used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier(UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. Rev 4/17 - 11 - 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. CITY OF FEDERAL WAY: C./ Arm F• ell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 Rev 4/17 - 12 - APPROVED AS TO FORM: ATTEST: Fee, ‘,1 A J. Ryan Call, City Attorney S r a 'ie Courtney, CMC, r lerk FOUR SEASONS CONCRETE CONSTRU '•N: By: ... Its: 0 inner /Pres` t q -racoma, Lot �N4(0 (Address) 301 (Phone) STATE OF WASHINGTON ) ) ss. COUNTY OF Pt eroa- ) On this day personally appeared before me Brigitte Wilkinson, to me known to be the Owner/President of Four Seasons Concrete Construction that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this t 1 th day of , 20V. •` ‘,LESr ♦c) ,sS�oNees. � Me i fpr S �: ie+w 11; tl)S. (typed/printed name of notary) X = NOTARY : - Notary Public in and for the State of Washington. NPUBLIC 2 My commission expires IO f 3O/ a.0..I • ,A • 0 S/714••••�x/30/201:••••C? `♦♦ Rev 4/17 � •..••••,.. ♦ - 13 - - '41 44. 44,4 4,44 '44 EXHIBIT"A" TECHNICAL SPECIFICATIONS The following list of Divisions 1-33 comprise the Technical Specifications DIVISION 1 Summary 5867 011000 Project Management and Coordination REGISTERED 013100 Construction Progress Documentation ARCHITECT 013200 Submittal Procedures /4; . 013300 Quality Requirements 014000 MICHAELAES References 014200 Temporary Facilities and Controls 015000 Product Requirements 016000 Execution 017300 Construction Waste Management and Disposal 017419 Closeout Procedures 017700 Project Record Documents 017810 Operation and Maintenance Data 017820 DIVISION 3 Pervious Concrete 033110 — 14— • EXHIBIT "B" CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes❑No If"Yes"Will the Policies Be Extended? ❑ Yes❑No PRICE CHANGE LUMP SUM: INCREASE$ DECREASE$ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE$ DECREASE $ STATEMENT: Payment for the above work 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. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTORS SIGNATURE DATE Rev 4/17 - 15 - ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY INCREASED $ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ DIRECTOR'S SIGNATURE DATE Rev 4/17 — 16 — EXHIBIT "C" CONTRACTOR'S RETAINAGE AGREEMENT City of Federal Way Bid/Contract Number 33325 8th Avenue South Federal Way,WA 98003-6325 I�—0 t O 253-835-7000 IDENTIFICATION AND DESCRIPTION Project Title PClv'i-t„er Lam Trait .?ervldwsCoAc re--le__, Contractor roar S AS0eits 110 sem Cpns-4-r'kc-4'c r LLC Representative t,ChPi te, S49.tes Bid No. Ig-0‘13 Date 5`a3"i g Administering Department City Representative Funding Source Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions - not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank,Mutual Fund,or Savings&Loan Association: Address: Account#: Contact Person: Contractor: _mate: By: Title: Address: Phone: Fed ID#: Est.Completion Date: CITY APPROVAL 01P' Approval of Investment Program and Retainage Agreement 401 \ 73 tis- Finance Director Date CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on Rev 4/17 - 17 - I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department Also,please find attached certifications by the applicable state agencies of the receipt of: 1)Washington State Business Taxes(Washington State Dept.of Revenue);2)Industrial Insurance Premiums(State Dept.of Labor&Industries);and 3)Employment Security,Unemployment Insurance Premiums(State of Washington Employment Security Dept.) Rev 4/17 - 18 - EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY PANTHER LAKE TRAIL PERVIOUS CONCRETE KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, ,as principal("Principal"),and a Corporation organized and existing under the laws of the State of ,as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ("City") in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors,heirs,administrators or personal representatives,as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations,standards and policies of the City,as now existing or hereafter amended or adopted. B.Pursuant to proper authorization,the Mayor is authorized to enter into a certain contract with the Principal, providing for the Project, which contract is incorporated herein by this reference ("Contract"), and C. Pursuant to State law,Chapter 60.28 RCW,the City is required to reserve from the monies earned by the Principal pursuant to the contract,a sum not to exceed five percent(5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons,mechanic,subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved,provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto;and D. State law further provides that with the consent of the City,the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW;and E. The Principal has accepted,or is about to accept,the Contract,and undertake to perform the work therein provided for in the manner and within the time set forth,for the amount of$ ;and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City,or within such extensions of time as may be granted under the Contract,and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work,and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void;but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase,however,not to exceed twenty-five percent(25%)of the original amount of this bond without consent of the Surety. Rev 4/17 - 19 - Within forty-five(45)days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or(b)tender to the City,the amount necessary for the City to remedy the default, including legal fees incurred by the City,or(c)in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default,the Surety shall notify the City of its finding and its intent,if any,to interplead.The Surety shall then fulfill its obligations under this bond,according to the option it has elected.Should Surety elect option(a)to cure the default,the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default.If the Surety elects option(b),then upon completion of the necessary work,the City shall notify the Surety of its actual costs.The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation,described in the below paragraph,prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of 20 , the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: PRINCIPAL By: Title: Address: CORPORATE SEAL: SURETY By: Attorney-in-Fact (Attach Power of Attorney) Title: Address: Rev 4/17 - 20 - CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed,sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary APPROVED AS TO FORM: J.Ryan Call,City Attorney Rev 4/17 - 21 - EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: Labor ems Uricn - Local (Name of Union or Organization) The undersigned currently holds contract(s) with ei 4,4 0-c Federal watt involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) vVith a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes,but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 RA.i..__LS1761jACrek CDns-fir, 53,p,t4 S1-4-6 +.E --ra coma, (,01=1 sLigte, (Contractor or subcontractor) -7- 17-13 Date Rev 4/17 - 22 - EXHIBIT"E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: CerIrVervk- Mase-n5 Union - LoCat 5*- 23 (Name of Union or Organization) The undersigned currently holds contract(s) with OFeaerai 11Jo.4 involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes,but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 FurclalSonSGACreteCOEISfr, 53,P4 nct C411161 trtA CISN't-KP (Contractor or subcovractor) 1 - 3 Date Rev 4/17 - 22 - I i_........N FOURSEA-54 LBUSCIO ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE 12(M612018Y) `� osi2s/2o1a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Laura Buscio NAME: Hub International Northwest LLC PHONEI FAX 2001st Avenue West,Suite 500 (ac,No,Ext):(206)838-1015 (NC,No): Seattle,WA 98119 n DRIESS:laura.buscio@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Western National Mutual Insurance Company 15377 INSURED INSURER B: Four Seasons Concrete Construction LLC INSURER C: 5324 84th St E INSURER D: Tacoma,WA 98446 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD MD IMM/DD/YYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY1,000,000 EACH OCCURRENCE $ CLAIMS-MADE X OCCUR CPP1185886 04/17/2018 04/17/2019 DAMAGES(RENTED 100,000 X X PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ 5'000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2'000'000 1 POLICY X JEL`T LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X CPP1185458 04/17/2018 04/17/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSREpONLY _ AUTOSBODILYBODILY INJURY(Per accident) $ AUTOS ONLY roam (Per PROPERTY DAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE UMB1031209 04/17/2018 04/17/2019 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ A WORKERS PER X gr- AND MOYRS LIUTY CPP1185886 04/17/2018 04/17/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ QFFICER/MEM EXCLUDED? N/A (Mandatory In NH) 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ _ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE: Panther Lake Park The City of Federal Way,its officers,officials,employees,volunteers and agents are additional insured per the attached. Insurance is primary and non-contributory and waiver of subrogation applies per the attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ATE THEREOF, City of Federal Way ACCORDANCE WITH THE POLICY P OVIS ONSICE WILL BE DELIVERED IN 33325 8th Ave S Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE (L- - ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50%or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to$5,000 2 • Loss of Earnings up to$500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 1 of 5 WN CA 27 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under A. Who Is An Insured a contract or agreement in the "employee's" SECTION II — COVERED AUTOS LIABILITY name, with your permission, while performing duties related to the conduct of your business. COVERAGE, A. Coverage, 1. Who Is An Insured is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An Insured, stock on the effective date of this coverage form. paragraph c. is amended to add the following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and that anyother automobile liabilityperson or organization, that is signed and executed policy, or would be an "insured" under such policy but for by you before the "bodily injury" or "property termination of such policy or the exhaustion on damage" occurs and that is in effect during the policy such policy's limits of insurance. period, to be named as an additional insured is an "insured" for Liability Coverage, but only for e. Any organization which is newly acquired or damages to which this insurance applies and only to formed by you and over which you maintain the extent that persons or organization qualifies as majority ownership. However, coverage under an "insured" under the Who Is An Insured provision this provision: contained in Section II. (1) is afforded only for the first 180 days after C. Liability Coverage Extensions — Supplementary you acquire or form the organization or until Payments the end of the policy period, whichever comes first; SECTION II — COVERED AUTOS LIABILITY ) dto apply "bodily injury" or"p p y Extensions, a. Supplementary Payments is damage" that results from an "accident" that amended by replacing subparagraphs (2) and (4) occurred before you formed or acquired the with the following: organization; (3) does not apply to any newly acquired or (2) Up to $5,000 for cost of bail bonds (including formed organization that is a joint venture or bonds for related traffic law violations) required partnership; and because of an "accident" we cover. We do not have to furnish these bonds. (4) does not apply to an "insured" under any (4) All reasonable expenses incurred by the other automobile liability policy, or would be "insured" at our request, including actual loss of an "insured" under such a policy but for ter- earnings up to $500 a day because of time off mination of such policy or the exhaustion of from work. such policy's limits of insurance. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 2 of 5 D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, COVERAGE, B. Exclusions, 5. Fellow Employee, A. Coverage, 3. Glass Breakage — Hitting A Bird the following is added: Or Animal — Falling Objects Or Missiles, is Co-Employee Lawsuit Defense Cost amended by adding the following: Reimbursement No deductible will apply to glass breakage if such If a suit seeking damages for "bodily injury" to any glass is repaired, in a manner acceptable to us, fellow "employee" of the "insured" arising out of and rather than replaced. in the course of the fellow "employee's" employment E. Hired Auto Physical Damage or while performing duties related to the conduct of SECTION III — PHYSICAL DAMAGE COVERAGE, your business, or a suit seeking damages brought A. Coverage is amended by adding the following: by the spouse, child, parent, brother or sister of that fellow "employee", is brought against you, we will 5. Hired Auto Physical Damage reimburse reasonable costs that you incur in the If hired "autos" are covered "autos" for Liability defense of such matters. Any reimbursement made Coverage and if Comprehensive, Specified pursuant to this sub-section will be in addition to the Causes of Loss, or Collision coverages are pro- limits of liability set forth in the Declarations. vided under this coverage form for any "auto" you own, then the Physical Damage Coverages SECTION III — PHYSICAL DAMAGE COVERAGE provided are extended to "autos" you hire of like AMENDMENTS kind and use, subject to the following: A. Transportation Expense—Limits Amended a. The most we will pay for any one "loss" is SECTION III — PHYSICAL DAMAGE COVERAGE, $50,000 or the actual cash value or cost to repair or replace, whichever is less, minus a A. Coverage, 4. Coverage Extensions, a. Trans- deductible; portation Expenses is amended by replacing $20 b. The deductible will be equal to the largest per day/$600 maximum limit with $50 per day/$1000 deductible applicable to anyowned "auto" maximum. pp for that coverage. Any Comprehensive B. Hired Auto Physical Damage — Loss Of Use deductible does not apply to "loss" caused Expenses—Limits Amended by fire or lightening; SECTION III — PHYSICAL DAMAGE COVERAGE, c. Hired Auto Physical Damage coverage is A. Coverage, 4. Coverage Extensions, b. Loss of excess over any other collectible insurance; Use Expenses is amended by replacing the$20 per and day/$600 maximum limit with $50 per day/$750 d. Subject to the above limit, deductible and maximum limit. excess provisions we will provide coverage C. Personal Effects Coverage equal to the broadest coverage applicable to SECTION III — PHYSICAL DAMAGE COVERAGE, any covered"auto"you own. A. Coverage, 4. Coverage Extensions is amended If a limit for Hired Auto Physical Damage is by adding the following: indicated in the Declarations, then that limit c. Personal Effects replaces, and is not added to, the $50,000 limit indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an"insured"; and (2) In or on your covered"auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: A. Coverage is amended by adding the following: 6. Rental Reimbursement 7. Accidental Airbag Deployment Coverage This coverage applies only to a covered"auto" of We will pay to reset or replace factory installed the private passenger or light truck type as airbag(s) in any covered "auto" for accidental follows: discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a This coverage is applicable only if comprehen- private passenger or light truck type "auto" sive coverage applies to the covered"auto". because of "loss" to a covered private pas- This coverage is excess over any other collecti- senger or light truck type "auto". Payment ble insurance or reimbursement by manufac- applies in addition to the otherwise applica- turer's warranty. ble amount of each coverage you have on a covered private passenger or light truck type H. Auto Loan/Lease Gap Coverage "auto." No deductibles apply to this SECTION III PHYSICAL DAMAGE COVERAGE, coverage. Item A., Coverage, is amended by adding the b. We will pay only for those expenses incurred following: during the policy period beginning 24 hours 8. Auto Loan/Lease Gap Coverage after the"loss" and ending, regardless of the policy's expiration, with the lesser of the fol- This coverage applies only to a covered "auto" lowing number of days: described or designated in the Schedule or in The number of days reasonablyre- the Declarations as including physical damage (1) y coverage. quired to repair or replace the covered In the event of a covered total "loss" to a private passenger or light truck type "auto". If "loss" is caused by theft, this covered "auto" described or designated in the number of days is added to the number Schedule or in the Declarations, we will pay any of days it takes to locate the covered unpaid amount due on the lease or loan for a private passenger or light truck type covered"auto" less: "auto"and return it to you; or a. The amount paid under the Physical (2) 30 days. Damage Coverage Section on the policy; c. Our payment is limited to the lesser of the and following amounts: b. Any: (1) Necessary and actual expenses (1) Overdue lease/loan payments at the incurred, or time of the"loss"; (2) $50 per day, up to a maximum of (2) Financial penalties imposed under a $1,000. lease for excessive use, abnormal wear d. This coverage does not apply while there and tear or high mileage; are spare or reserve private passenger or (3) Security deposits not returned by the light truck type "autos" available to you for lessor; your operations. (4) Costs for extended warranties, Credit e. If "loss" results from the total theft of a Life Insurance, Health, Accident or covered "auto" of the private passenger or Disability Insurance purchased with the light truck type, we will pay under this cover- loan or lease; and age only that amount of your rental reim- (5) Carry-over balances from previous bursement expenses which is not already loans or leases. provided for under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage,4.Coverage Extensions. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV— BUSINESS AUTO CONDITIONS, B. General Conditions, 2. Concealment, Misrepre- A. Duties In The Event Of Accident, Claim, Suit Or sentation Or Fraud, is amended by adding the Loss Amended following paragraph: SECTION IV— BUSINESS AUTO CONDITIONS, A. If you unintentionally fail to disclose any hazards Loss Conditions, 2. Duties In The Event Of existing at the inception date of the policy, or during Accident, Claim, Suit Or Loss, a. is amended by the policy period in connection with any additional adding the following: hazards, we will not deny coverage under this Cov- This condition applies only when the "accident" or erage Part because of such failure. "loss" is known to: D. Employee Hired Auto (1) You, if you are an individual; SECTION IV—BUSINESS AUTO CONDITIONS, B. (2) A partner, if you are a partnership; General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the following: you are a corporation; or b. For Hired Auto Physical Damage Coverage, the (4) A member or manager, if you are a limited following are deemed to be a covered "autos" liability company. you own: But, this section does not amend the provisions (1) Any covered "auto" you lease, hire, rent or relating to notification of police, protection or exami- borrow. nation of the property which was subject to the (2) Any covered "auto" hired or rented by your "loss". "employee" under a contract in that B. Blanket Waiver of Subrogation individual "employee's" name, with your Section IV — BUSINESS AUTO CONDITIONS, A. permission, while performing duties related to the conduct of your business. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us, is amended by However, any"auto"that is leased, hired, rented adding the following exception: or borrowed with a driver is not a covered"auto". However, we waive any right of recovery we may have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office,with its permission Page 5 of 5 POLICY NUMBER: CPP1185886 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any and all projects as required by contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I—Coverage A,and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I—Coverage A,and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 WN GL 39 07 15 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended • Bail Bonds Up To$5,000 4 • Loss of Earnings Up To$500/Day 4 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured—Vendors—As Required By Contract 4 • Blanket Additional Insured—Lessor Of Leased Equipment 6 • Blanket Additional Insured—Managers Or Lessors Of Premises 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised,Videotaped Or Electronic Publication 10 WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 1 of 10 WN GL 39 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS (4) Liability assumed under any "insured con- COVERAGE A — BODILY INJURY AND PROPERTY tract"for the ownership, maintenance or use DAMAGE LIABILITY of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising A. Non Owned Aircraft Or Watercraft out of: Item 2. Exclusions, Paragraph g. is replaced by the (a) The operation of machinery or equip- following: ment that is attached to, or part of, a g. Aircraft,Auto Or Watercraft land vehicle that would qualify under the "Bodily injury" or "property damage" arising out definition of"mobile equipment" if it were of the ownership, maintenance, use or entrust- not subject to a compulsory or financial ment to others of any aircraft, "auto" or water- responsibility law or other motor vehicle craft owned or operated by or rented or loaned insurance law where it is licensed or to any insured. Use includes operation and principally garaged; or "loading or unloading". (b) The operation of any of the machinery This exclusion applies even if the claims against or equipment listed in Paragraph f. (2) any insured allege negligence or other wrong- or f. (3) of the definition of "mobile doing in the supervision, hiring, employment, equipment". training or monitoring of others by that insured, if B. Damage To Property Coverage Extensions the"occurrence"which caused the"bodily injury" Item 2. Exclusions, Paragraph j. is replaced by the or"property damage" involved in the ownership, following: maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or j. Damage To Property operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property you own, rent, or occupy, including (1) A watercraft while ashore on premises you any costs or expenses incurred by you, or own or rent; any other person, organization or entity, for (2) A watercraft you do not own that is: repair, replacement, enhancement, restora- tion or maintenance of such property for any (a) Less than 50 feet long; and reason, including prevention of injury to a (b) Not being used to carry persons or prop- person or damage to another's property; erty for a charge; (2) Premises you sell, give away or abandon, if This Subparagraph (2) applies to any per- the"property damage" arises out of any part son, who with your expressed or implied of those premises; consent, either uses or is responsible for the (3) Property loaned to you; use of the watercraft; (4) Personal property in the care, custody or (3) Parking an "auto" on, or on the ways next to, control of the insured; premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 2 of 10 (5) That particular part of real property on which Paragraph (6) of this exclusion does not apply to you or any contractors or subcontractors "property damage" included in the "products-corn- working directly or indirectly on your behalf pleted operations hazard". are performing operations, if the "property The insurance provided for "property damage" from damage"arises out of those operations; or the use of elevators and for "property damage" to (6) That particular part of any property that must borrowed equipment is excess over any other valid be restored, repaired or replaced because and collectible property insurance (including any de- "your work"was incorrectly performed on it. ductible portion thereof) available to the insured Paragraphs (1), (3) and (4) of this exclusion do not whether primary, excess, contingent or on any other apply to "property damage" (other than damage by basis. fire, lightning, explosion or sprinkler leakage) to C. Damage To Premises Rented To You premises, including the contents of such premises, Item 2. Exclusions, the last paragraph is replaced rented to you for a period of seven or fewer by the following: consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as Exclusions c. through n. do not apply to damage by described in SECTION III — LIMITS OF fire, lightning, explosion or sprinkler leakage to INSURANCE. However, the provisions of this premises while rented to you or temporarily occupied paragraph do not apply if coverage for Damage To by you with permission of the owner. A separate Premises Rented To You is excluded by en- limit of insurance applies to this coverage as de- dorsement. scribed in Paragraph 6.of SECTION III—LIMITS OF Paragraph (2) of this exclusion does not apply if the INSURANCE. premises are "your work" and were never occupied, COVERAGE B — PERSONAL AND ADVERTISING rented or held for rental by you. INJURY LIABILITY Paragraphs (3)and (4)of this exclusion do not apply to the use of elevators. D. Personal And Advertising Injury Paragraphs (3), (4), (5) and (6) of this exclusion do Item 2. Exclusions is amended by replacing Sub- paragraphs b.and c.with the following: not apply to liability assumed under a sidetrack agreement. b. Material Published With Knowledge Of Paragraph (4) of this exclusion does not apply to Falsity "property damage" to borrowed equipment while not "Personal and advertising injury" arising out of being used to perform operations at the jobsite. oral, written, televised, videotaped or electronic Subject to Paragraph 2. of SECTION Ill — LIMITS publication, in any manner, of material, if done OF INSURANCE, the rules below fix the most we by or at the direction of the insured with will pay for"property damage" under this provision: knowledge of its falsity. (1) $25,000 any one "occurrence", regardless of the c. Material Published Prior To Policy Period number of persons or organizations who sustain "Personal and advertising injury" arising out of damages because of that"occurrence"; oral, written, televised, videotaped or electronic publication, in any manner, of material whose (2) $50,000 annual aggregate; and first publication took place before the beginning (3) We will pay only for damages in excess of of the policy period. $2,500 as a result of any one "occurrence", re- gardless of the number of persons or organiza- tions who sustain damages because of that"oc- currence". We may, or if required by law, pay all or any part of any deductible amount, if applica- ble, to effect settlement of any claim or "suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 3 of 10 SUPPLEMENTARY PAYMENTS—COVERAGES A The following are added: AND B C. Blanket Additional Insured — Vendors — As Re- E. Supplementary Payments—Coverages A and B quired By Contract Item 1. is amended by replacing Subparagraphs b. 1. Section II —Who Is An Insured is amended to and d.with the following: include as an additional insured any person(s)or b. Up to $5,000 for cost of bail bonds required be- organization(s) (referred to throughout this cause of accidents or traffic law violations aris- endorsement as vendor) with whom you have in out of the use of anyvehicle to which the agreed in a written contract, executed prior to g loss, to name as an additional insured, but only Bodily Injury Liability Coverage applies. We do with respect to "bodily injury" or "property not have to furnish these bonds. damage"arising out of"your products"which are d. All reasonable expenses incurred by the insured distributed or sold in the regular course of the at our request to assist us in the investigation or vendor's business. defense of the claim or "suit", including actual However, loss of earnings up to $500 a day because of time off from work. a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is SECTION II—WHO IS AN INSURED AMENDMENTS required by a contract or agreement, the insurance afforded to such vendor will not A. Employee Bodily Injury To A Co-Employee be broader than that which you are required Paragraph 2. a.(1) is replaced by the following: by the contract or agreement to provide for (1) "Bodily injury" or "personal and advertising such vendor. injury": 2. With respect to the insurance afforded to these (a) To you, to your partners or members (if you vendors, the following additional exclusions are a partnership or joint venture), to your apply: members (if you are a limited liability com- a. The insurance afforded the vendor does not pany), or to your other "volunteer workers" apply to: while performing duties related to the con- (1) "Bodily injury" or "property damage" for duct of your business; (b) For which there is anyobligation to share which the vendor is obligated to pay 9 damages by reason of the assumption damages with or repay someone else who of liability in a contract or agreement. must pay damages because of the injury This exclusion does not apply to liability described in Paragraph (1)(a)above; or for damages that the vendor would have (c) Arising out of his or her providing or failing to in the absence of the contract or provide professional health care services. agreement; B. Newly Acquired Organizations (2) Any express warranty unauthorized by you; Paragraph 3.a. is replaced by the following: (3) Any physical or chemical change in the a. Coverage under this provision is afforded only product made intentionally by the until the 180th day after you acquire or form the vendor; organization or the end of the policy period, whichever is earlier; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 4 of 10 (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III — vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course of business, in connection with the If coverage provided to the vendor is required by distribution or sale of the products; a contract or agreement, the most we will pay on (6) Demonstration, installation, servicing or behalf of the vendor is: repair operations, except such a. The minimum amount required by the operations performed at the vendor's contract or agreement; or premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or used as a container, part or This endorsement shall not increase the ingredient of any other thing or applicable Limits of Insurance shown in the substance by or for the vendor; or Declarations. (8) "Bodily injury or "property damage" 5. With respect to the insurance afforded to these arising out of the sole negligence of the additional insureds, the following additional vendor for its own acts or omissions or exclusion applies: those of its employees or anyone else acting on its behalf. However, this This insurance does not apply to: exclusion does not apply to: a. "Bodily injury", "property damage" or (i) The exceptions contained in "personal and advertising injury" arising out Subparagraphsti (4)sorlon6); or of the rendering of, or the failure to render, any professional architectural, engineering (ii) Such inspections, adjustments,tests or surveying services, including: or servicing as the vendor has (1) The preparing, approving, or failing to agreed to make or normally prepare or approve, maps, shop undertakes to make in the usual drawings, opinions, reports, surveys, course of business, in connection field orders, change orders or drawings with the distribution or sale of the and specifications; or products. 3. This Provision C.does nota I (2) Supervisory, inspection, architectural or apply: engineering activities. a. To any insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional insured allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such supervision, hiring, employment, training products; or monitoring of others by that insured, if b. To any vendor for which coverage as an the "occurrence" which caused the additional insured specifically is scheduled "bodily injury" or "property damage", or by endorsement; or the offense which caused the "personal c. When liability included within the "products- and advertising injury", involved the completed operations hazard" has been ex- rendering of or failure to render any cluded for such product either by the provi- professional services by you with sions of the coverage part or by endorse- respect to your providing engineering, ment. architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 5 of 10 D. Blanket Additional Insured — Lessor Of Leased 4. With respect to the insurance afforded to these Equipment additional insureds, the following additional exclusion applies: 1. Section II —Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or organization(s) from whom you lease equipment a. "Bodily injury", "property damage" or when you and such person(s) or organization(s) "personal and advertising injury" arising out have agreed in writing in a contract or of the rendering of, or the failure to render, agreement, executed prior to loss, that such any professional architectural, engineering person(s) or organization(s) be added as an or surveying services, including: additional insured on your policy. Such (1) The preparing, approving, or failing to person(s) or organization(s) is an insured only re are or approve, maps, shop P PP with respect to liability for "bodily injury", drawings, opinions, reports, surveys, "property damage" or "personal and advertising injury" caused, in whole or in part, by your field orders, change orders or drawings maintenance, operation or use of equipment and specifications; or leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by that insured, if the b. Will not be broader than that which you are "occurrence" which caused the "bodily required by the contract or agreement to injury" or "property damage", or the offense provide for such additional insured. which caused the "personal and advertising A person's or organization's status as an addi- injury", involved the rendering of or failure to tional insured under this endorsement ends render any professional services by you with when their contract or agreement with you for respect to your providing engineering, such leased equipment ends. architectural or surveying services in your 2. With respect to the insurance afforded to these capacity as an engineer, architect or additional insureds, this insurance does not ap- surveyor. ply to any "occurrence" which takes place after E. Blanket Additional Insured — Managers Or Les- the equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II —Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s)or Section III—Limits Of Insurance: organization(s) with whom you have agreed in a If coverage provided to the additional insured is written contract, executed prior to loss, to name required by a contract or agreement, the most as an additional insured, but only with respect to we will pay on behalf of the additional insured is: liability arising out of the ownership, a. The minimum amount required by the maintenance or use of that part of the premises contract or agreement; or leased to you, subject to the following additional b. The Limits of Insurance shown in the exclusions: Declarations; This insurance does not apply to: whichever is less. a. Any "occurrence" which takes place after This endorsement shall not increase the you cease to be a tenant in that premises. applicable Limits of Insurance shown in the b. Structural alterations, new construction or Declarations. demolition operations performed by or on behalf of such additional insured. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 6 of 10 However: F. Blanket Additional Insured — State Or a. The insurance afforded to such additional Governmental Agency Or Subdivision Or Politi- insured only applies to the extent permitted cal Subdivision—Permits Or Authorizations by law; and Section II —Who Is An Insured is amended to in- b. If coverage provided to the additional clude as an additional insured any state or insured is required by a contract or governmental agency or subdivision or political agreement, the insurance afforded to such subdivision with whom you have agreed in a written additional insured will not be broader than contract, executed prior to loss, to name as an that which you are required by the contract additional insured, subject to the following or agreement to provide for such additional provisions: insured. 1. This insurance applies only with respect to op- 2. With respect to the insurance afforded to these erations performed by you or on your behalf for additional insureds, the following is added to which the state or governmental agency or sub- Section III—Limits Of Insurance: division or political subdivision has issued a If coverage provided to the additional insured is permit or authorization. required by a contract or agreement, the most However: we will pay on behalf of the additional insured is: a. The insurance afforded to such additional a. The minimum amount required by the insured only applies to the extent permitted contract or agreement; or by law; and b. The Limits of Insurance shown in the b. If coverage provided to the additional Declarations; insured is required by a contract or whichever is less. agreement, the insurance afforded to such additional insured will not be broader than This endorsement shall not increase the that which you are required by the contract applicable Limits of Insurance shown in the or agreement to provide for such additional Declarations. insured. 3. With respect to the insurance afforded to these 2. This insurance does not apply to: additional insureds, the following additional a. "Bodily injury", "property damage" or "per- exclusion applies: sonal and advertising injury" arising out of This insurance does not apply to: operations performed for the federal govern- a. "Bodily injury", "property damage" or ment, state or municipality; or "personal and advertising injury" arising out b. "Bodily injury" or "property damage" in- of the rendering of, or the failure to render, cluded within the "products-completed op- any professional architectural, engineering erations hazard". or surveying services, including: 3. With respect to the insurance afforded to these (1) The preparing, approving, or failing to additional insureds, the following is added to prepare or approve, maps, shop Section III—Limits Of Insurance: drawings, opinions, reports, surveys, If coverage provided to the additional insured is field orders, change orders or drawings required by a contract or agreement, the most and specifications; or we will pay on behalf of the additional insured is: (2) Supervisory, inspection, architectural or a. The minimum amount required by the engineering activities. contract or agreement; or This exclusion applies even if the claims against an additional insured allege b. The Limits of Insurance shown in the negligence or other wrongdoing in the Declarations; supervision, hiring, employment, training or whichever is less. monitoring of others by that insured, if the This endorsement shall not increase the "occurrence" which caused the "bodily applicable Limits of Insurance shown in the injury" or "property damage", or the offense Declarations. which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 7 of 10 4. With respect to the insurance afforded to these b. The construction, erection or removal of additional insureds, the following additional elevators; or exclusion applies: c. The ownership, maintenance or use of any This insurance does not apply to: elevators covered by this insurance. a. "Bodily injury", "property damage" or However, "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering by law; and or surveying services, including: b. If coverage provided to the additional (1) The preparing, approving, or failing to insured is required by a contract or prepare or approve, maps, shop agreement, the insurance afforded to such drawings, opinions, reports, surveys, additional insured will not be broader than field orders, change orders or drawings that which you are required by the contract and specifications; or or agreement to provide for such additional (2) Supervisory, inspection, architectural or insured. engineering activities. 2. With respect to the insurance afforded to these This exclusion applies even if the claims additional insureds, the following is added to against an additional insured allege Section III—Limits Of Insurance: negligence or other wrongdoing in the If coverage provided to the additional insured is supervision, hiring, employment, training or required by a contract or agreement, the most monitoring of others by that insured, if the we will pay on behalf of the additional insured is: "occurrence" which caused the "bodily injury" or "property damage", or the offense a. The minimum amount required by the which caused the "personal and advertising contract or agreement; or injury", involved the rendering of or failure to b. The Limits of Insurance shown in the render any professional services by you with Declarations; respect to your providing engineering, architectural or surveying services in your whichever is less. capacity as an engineer, architect or This endorsement shall not increase the surveyor. applicable Limits of Insurance shown in the Declarations. G. Blanket Additional Insured — State Or 3. With respect to the insurance afforded to these Governmental Agency Or Subdivision Or Politi- additional insureds, the following additional cal Subdivision — Permits Or Authorizations Re- exclusion applies: lating To Premises This insurance does not apply to: Section II — Who Is An Insured is amended to in- a. "Bodily injury", "property damage" or clude as an additional insured any state or "personal and advertising injury" arising out governmental agency or subdivision or political of the rendering of, or the failure to render, subdivision with whom you have agreed in a written any professional architectural, engineering contract, executed prior to loss, to name as an or surveying services, including: additional insured, subject to the following provision: (1) The preparing, approving, or failing to 1. This insurance applies only with respect to the prepare or approve, maps, shop following hazards for which the state or drawings, opinions, reports, surveys, governmental agency or subdivision or political field orders, change orders or drawings subdivision has issued a permit or authorization and specifications; or in connection with premises you own, rent or (2) Supervisory, inspection, architectural or control and to which this insurance applies: engineering activities. a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 8 of 10 This exclusion applies even if the claims against an additional insured allege SECTION IV — COMMERCIAL GENERAL LIABILITY negligence or other wrongdoing in the CONDITIONS AMENDMENTS supervision, hiring, employment, training or A. Knowledge Of Occurrence monitoring of others by that insured, if the "occurrence" which caused the "bodily Item 2. Duties In The Event Of Occurrence, Of- injury" or "property damage", or the offense fense, Claim or Suit is amended by adding the fol- which caused the "personal and advertising lowing: injury", involved the rendering of or failure to e. You must give us or our authorized representa- render any professional services by you with tive prompt notice of an "occurrence", claim or respect to your providing engineering, loss only when the `occurrence", claim or loss is architectural or surveying services in your known to: capacity as an engineer, architect or (1) You, if you are an individual; surveyor. (2) A partner, if you are a partnership; SECTION III — LIMITS OF INSURANCE AMEND- (3) An executive officer or insurance manager, if MENTS you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) "property damage" to any one premises, while (a)(ii) is replaced by the following: rented to you, or in the case of damage by fire, (ii) That is fire, lightning, explosion or sprinkler leak- lightning, explosion or sprinkler leakage, while age insurance for premises rented to you or rented to you or temporarily occupied by you temporarily occupied by you with permission of with permission of the owner is the greater of: the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the Premises Rented To You Limit in the Decla- following: rations. 6. Representations And Unintentional Failure However, the provisions of this paragraph do not To Disclose Hazards apply if Damage To Premises Rented To You a. By accepting this policy, you agree: Coverage is excluded by endorsement. (1) The statements in the Declarations are B. Medical Expense Limit accurate and complete; Paragraph 7. is replaced with the following: (2) Those statements are based upon 7. Subject to Paragraph 5. above, the most we will representations you made to us; and pay under Coverage C for all medical expenses (3) We have issued this policy in reliance because of "bodily injury" sustained by any one upon your representations. person is the greater of: b. If you unintentionally fail to disclose any haz- a. $10,000; or ards existing at the inception date of your b. The amount shown next to the Medical Ex- policy, we will not deny coverage under this pense Limit in the Declarations. Coverage Part because of such failure. However, this provision does not affect our This insurance does not apply if coverage for right to collect additional premium or exer- Medical Expenses is excluded either by the pro- cise our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WN GL 39 0715 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 9 of 10 D. Waiver of Subrogation SECTION V—DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of Paragraph 9. a. is replaced by the following: the following: We waive any right of recovery we may have be- a. A contract for a lease of premises. However, cause of payments we make for injury or damage that portion of the contract for a lease of prem- arising out of your ongoing operations or"your work" ises that indemnifies any person or organization done under a written contract, executed prior to loss, for damage by fire, lightning, explosion or sprin- requiring such waiver with that person or organiza- kler leakage to premises while rented to you or temporarily occupied by you with permission of tion and included in the "products-completed opera- the owner is not an"insured contract"; tions hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the B. Personal And Advertising Injury Redefined injury or damage for which we make payment under Paragraph 14. d. and e. are replaced by the follow- this Coverage Part. The insured must do nothing ing: after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us d. Oral, written, televised, videotaped or electronic and help us enforce those rights. publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; WN GL 39 07 15 Includes copyrighted material of the Insurance Service Office,Inc.,with its permission. Page 10 of 10 COMMERCIAL GENERAL LIABILITY WN GL 89 07 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured—Operations 2. Additional Insured—Completed Operations A. Operations Performed For An Additional A. Additional Insured — Completed Opera- Insured tions Section II —Who Is An Insured is amended Section II —Who Is An Insured is amended to include as an additional insured any per- to include as an additional insured any per- son or organization, if you and such person son or organization, if you and such person or organization have agreed in writing in a or organization have agreed in writing in a contract or agreement that such person or contract or agreement that such person or organization be included as an additional in- organization be included as an additional in- sured on your policy, but only with respect to sured on your policy, but only with respect to liability for bodily injury", "property damage" "bodily injury" or "property ydama an arising or "personal and advertising injury" arising out of "your work" performed for the addi- out of your ongoing operations for the addi- tional insured and included in the "products- tional insured. completed operations hazard". B. Limitations B. Limitations The Operations Performed for Additional In- The Additional Insured — Completed Opera- sured coverage is limited as follows: tions coverage is limited as follows: (1) This insurance does not apply to "bodily (1) A person or organization's status as an injury"or"property damage"occurring af- insured under Additional Insured —Corn- ter: pleted Operations continues only for the period of time required by any written a. All work, including materials, parts or contract or agreement. equipment furnished in connection with such work, on the project (other (2) The insurance provided to the additional than service, maintenance or re- insured does not apply to "bodily injury", pairs) to be performed by or on be- "property damage" or "personal and ad- half of the additional insured(s) at vertising injury" arising out of"your work" the location of the covered opera- for which a consolidated (wrap-up) in- tions has been completed; or surance program has been provided by the prime contractor-project manager or b. That portion of "your work" out of owner of the construction project in which the injurydamage arises or 9 whichY ou are involved. has been put to its intended use by any person or organization other than another contractor or subcon- tractor engaged in performing opera- tions for a principal as a part of the same project. WNGL890715 Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. 3. Primary and Noncontributory E. With respect to the insurance afforded to The following is added to the Other Insurance these additional insureds, the following addi- Condition and supersedes any provision to the tional exclusion applies: contrary: This insurance does not apply to: Primary And Noncontributory Insurance (1) "Bodily injury", "property damage" or This insurance is primary to and will not seek "personal and advertising injury" arising contribution from any other insurance availa- out of the rendering of, or the failure to ble to an additional insured under your policy render, any professional architectural, provided that: engineering or surveying services, in- (1) The additional insured is a Named In- cluding: sured under such other insurance; and a. The preparing, approving, or failing (2) You have agreed in writing in a contract to prepare or approve, maps, shop or agreement that this insurance would drawings, opinions, reports, surveys, be primary and would not seek contribu- field orders, change orders or draw- tion from any other insurance available ings and specifications; or to the additional insured. b. Supervisory, inspection, architectural 4. Other Provisions Applicable to Additional or engineering activities. Insured — Operations and Additional Insured —Completed Operations This exclusion applies even if the claims A. The Amendment of Insured Contract Defini- against an additional insured allege neg- tion (Endorsement CG 24 26) does not apply ligence or other wrongdoing in the su- to an additional insured. pervision, hiring, employment, training or monitoring of others by that insured, if B. The coverage provided under Paragraph f. of the"occurrence"which caused the"bodi- the definition of "insured contract" under ly injury" or"property damage", or the of- Section V — Definitions does not apply to fense which caused the "personal and an additional insured under this endorsement advertising injury", involved the rendering unless required by a written contract or of or failure to render any professional agreement. services by you with respect to your C. The insurance afforded to such additional in- providing engineering, architectural or sured only applies to the extent permitted by surveying services in your capacity as an law; and engineer, architect or surveyor. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: (1) The minimum amount required by the contract or agreement; or (2) The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. WN GL 89 07 15 Page 2of2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Bond No.LSM1034002 EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We,the undersigned Four Seasons Concrete Construction,LLC ("Prindpal")and RLI Insurance Company ,the undersigned corporation organized and existing under the laws of the State of Illinois 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 munidpal corporation Mtn In the penal sum of one Hundred Thirty Five Thousand Three Hundred end 00/100 Dollars and no/100($ 135.300.00 ) 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 an Agreement with the City dated July 2nd , 20 18 for Panther Lake Trail Pervious Concrete NOW,THEREFORE,if the Principal shall perform all the provisions of the Agreement In the manner and within timeasbe under the time periodor within such extensions of may the the granted presaibedby City, 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 Oty 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 Wone. 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 die 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 compiete or In the event the Surety disputes the City's claim of default, the Surety shall notify the City of Its finding and its intent, if any, to Interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected.Should Surety elect option(a)to cure the default,the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option(b),then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the.Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph,prior to any interplead action. City of Federal Way RFB# 18-010 Panther Lake Trail Pervious Concrete Page 50 2018 RFB vet.4-15 In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation In accordance to resolve said dispute.The Parties shall proportionately share In the cost of the mediation.The mediation shall be administered by the)udldal Dispute Resolution, U.C, 1425 Fourth Avenue, Suite 300,Seattle,Washington 98101.The Surety shall not interplead prior to completion of the mediation. DATED this loth day of Jiy ,2019 . CORPORATE SEAL OF PRINCIPAL: PRINCIPAL Four Seasons Canasta Construction,LLC By: d ( Gcf Person Executing Bond) • Its: 45,0617A4.142 Oltie) 5324 64th Strait East Tacoma.WA 50446 (Address) 253-901-0911 (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the(cacti t -J or the Corporation named as Principal In the within bond;that lar;r o-+t-c . UlKiiiSo+1,who signed the said bond on behalf of the Principal,was_ ?I eficI{✓4/c.14 .t�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. .S NowearrpotAssistanParaszeir t vuzc'er— CORPORATE SEAL OF SURETY:`��� $CEr;./f�ii,� �4bJ X0.1; �� SURETY RLI Insurance Company 4 ay: SEAL: Attorney-In-Fact • os.�� (Attach Power of Attorney) " Nihil�i Teresa A.Gbmbeckl APPROVED AS TO • (Name of Person Executing Bond) 9025 N.Lindt?erah Qr. CC:LA: City Attorney Peoria.IL 61615 (Address) 900.045.2402 (Phone) City of Federal Way RFB• 18-010 Panther Lake Trail Pervious Concrete Page 51 2018 RFS ver.4-1S ' • POWER OF ATTORNEY RLI Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Bond No. LSM1034002 Know All Men by These Presents: That the RLI Insurance Company ,a corporation organized and existing under the laws of the State of Illinois ,and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Teresa A.Glombecki in the City of Bothell ,State of Washington , as it's true and lawful Agent and Attorney In Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bond and undertakings in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation,and specifically for the following described bond. Principal: Four Seasons Concrete Construction,LLC Obligee: City of Federal Way Bond Amount: $ 135,300.00 The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company ,and now in forte to-wit "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President,Secretary,any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF,the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 10th day of July , 2018 . ,�""""""",,,. RLI InsuranceCompany �JPp,NCEco. om, p Y ��: OORPOggr�,9y�y SEAL = 1► W I'- By: State of Illinois ,•'' Barton W.Davis Vice President County of Peoria } SS °''a,,L I t''" •• CERTIFICATE On this _loth day of July , 2018 , before me, a Notary Public, personally appeared Barton W.Davis , who being by me the undersigned officer of duly sworn, acknowledged that he signed the above Power of Attorney as the RLe Insurance Comnanv aforesaid officer of the RLI Insurance Comnanv , do hereby and is ret ca attle; and Power of Attorneythat the is infull forcef and acknowledged said instrument to be the voluntary act and deed of said and effectompand is irrevocable; and ertof Attorney,more, is in force.n If corporation. the Company as set forth in the Power of now in force. In testimony whereof,I have hereunto set my hand and the seal of the RLI Insurance Comnanv / J r / this 10th day of July , 2018 By: t)� it.d+ L . Irtn� Gretchen L.Johnigk Notary Public RLI Insurance Company1/41 tip GRETCHENLJOHNIGK '' By: uo� Jean M.S •nson Corporate Secretary vua "OFFICIAL SEAL' i &LLIMN My Oamrtrlssici Eames s May 2e;2020 A0006817_SUBS_BID EXHIBIT "H" PREVAILING RATE OF WAGE(SEE ATTACHED). Rev 4/17 - 27 - Page 1 of 7 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: 7/3/2018 Count Trade Job Classification Wa•e Holida Overtime Note King Laborers Air, Gas Or Electric Vibrating $46.57 Screed King Laborers Airtrac Drill Operator $48.02 King Laborers Ballast Regular Machine $46.57 1101111EINI King Laborers Batch Weighman $39.48 Irillinil King Laborers Brick Pavers $46.5711ZINIEM King Laborers Brush Cutter $46.5711811111= King Laborers Brush Hog Feeder $46.57 1.7111111. King Laborers Burner $46-57 NRIIIIINTIMI King Laborers Caisson Worker $48.02 gragniggi King Laborers Carpenter Tender $46.57 7A MIN King Laborers ESE11111111.11.1 $46.57 IIIMMINEIN King Laborers Cement Dumper-paving IESEMMIllnill King Laborers Cement Finisher Tender $46-57 MEM. King Laborers Change House Or Dry Shack $46.5711Z111111311. King Laborers Chipping Gun (under 30 Lbs.) $46.57 MEM. King Laborers Chipping Gun(30 Lbs. And 7A Mil Over) King Laborers Choker Setter $46.57 inallirill King Laborers Chuck Tender $46.57111=111.1.1 King Laborers Clary Power Spreader ESCHIMMINFIIII King Laborers Clean-up Laborer $46.57 MEIMIIIIMI King Laborers Concrete Dumper/chute Operator ISMER King Laborers Concrete Form Stripper $46.57111=1.11. King Laborers Concrete Placement Crew EMMISTIMMEIN King Laborers Concrete Saw Operator/core NM= Driller King Laborers Crusher Feeder $39.48 IFUNIMIE King Laborers Curing Laborer $46.57 __________ King Laborers $46.57 7A 31 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7/3/2018 Page 2 of 7 Demolition: Wrecking a Moving (incl. Charred Material) King Laborers Ditch Digger $46.57 7A 31 King Laborers Diver $48.02 7A 31 King Laborers Drill Operator $47.44 7A 31 (hydraulic,diamond) King Laborers Dry Stack Waits $46.57 7A 31 King Laborers Dump Person $46.57 7A 31 King Laborers Epoxy Technician $46.57 7A 31 King Laborers Erosion Control Worker $46.57 7A 31 King Laborers Faller a Bucker Chain Saw $47.44 7A 31 King Laborers Fine Graders $46.57 7A 31 King Laborers Firewatch $39.48 7A 31 King Laborers Form Setter $46.57 7A 31 King Laborers Gabian Basket Builders $46.57 7A 31 King Laborers General Laborer $46.57 7A 31 King Laborers Grade Checker a Transit $48.02 7A 31 Person King Laborers Grinders $46.57 7A 31 King Laborers Grout Machine Tender $46.57 7A 31 King Laborers Groutmen (pressure)including $47.44 7A 31 Post Tension Beams King Laborers Guardrail Erector $46.57 7A 31 King Laborers Hazardous Waste Worker $48.02 7A 31 (level A) King Laborers Hazardous Waste Worker $47.44 7A 31 (level B) King Laborers Hazardous Waste Worker $46.57 7A 31 (level C) King Laborers High Scaler $48.02 7A 31 King Laborers Jackhammer $47.44 7A 31 King Laborers Laserbeam Operator $47.44 7A 31 King Laborers Maintenance Person $46.57 7A 31 King Laborers Manhole Builder-mudman $47.44 7A 31 King Laborers Material Yard Person ' $46.57 7A 31 King Laborers Motorman-dinky Locomotive $47.44 7A 31 King Laborers Nozzleman (concrete Pump, $47.44 7A 31 Green Cutter When Using Combination Of High Pressure Air a Water On Concrete a Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $47.44 7A 31 King Laborers Pilot Car $39.48 7A 31 King Laborers Pipe Layer Lead $48.02 7A 31 King Laborers Pipe Layer/tailor $47.44 7A 31 King Laborers Pipe Pot Tender $47.44 7A 31 https://fortress.wa.gov/lni/wagelookup/prVWagelookup.aspx 7/3/2018 Page 3 of 7 King Laborers Pipe Reliner I $47.44 7A 31 I King Laborers Pipe Wrapper $47.44 7A 31 King Laborers Pot Tender $46.57 7A 31 King Laborers Powderman $48.02 7A 31 King Laborers Powderman's Helper $46.57 7A 31 King Laborers Power Jacks $47.44 7A 31 King Laborers Railroad Spike Puller - Power $47.44 7A 31 King Laborers Raker - Asphalt $48.02 7A 31 King Laborers Re-timberman $48.02 7A 31 King Laborers Remote Equipment Operator $47.44 7A 31 King Laborers Rigger/signal Person $47.44 7A 31 King Laborers Rip Rap Person $46.57 7A 31 King Laborers Rivet Buster $47.44 7A 31 King Laborers Rodder $47.44 7A 31 King Laborers Scaffold Erector $46.57 7A 31 King Laborers Scale Person $46.57 7A 31 King Laborers Sloper (over 20") $47.44 7A 31 King Laborers Sloper Sprayer $46.57 7A 31 King Laborers Spreader (concrete) $47.44 7A 31 King Laborers Stake Hopper $46.57 7A 31 King Laborers Stock Piler $46.57 7A 31 King Laborers Tamper a Similar Electric, Air $47.44 7A 31 a Gas Operated Tools King Laborers Tamper (multiple Et Self- $47.44 7A 31 propelled) King Laborers Timber Person - Sewer $47.44 7A 31 (tagger, Shorer a Cribber) King Laborers Toolroom Person (at Jobsite) $46.57 7A 31 King Laborers Topper $46.57 7A 31 King Laborers Track Laborer $46.57 7A 31 King Laborers Track Liner (power) $47.44 7A 31 King Laborers Traffic Control Laborer $42.22 7A 31 8R King Laborers Traffic Control Supervisor $42.22 7A 31 8R King Laborers Truck Spotter $46.57 7A 31 King Laborers Tugger Operator $47.44 7A 31 King Laborers Tunnel Work-Compressed Air $92.60 7A 31 gg, Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $97.63 7A 31 g Worker 30.01-44.00 psi King Laborers Tunnel Work-Compressed Air $101.31 7A 31 N Worker 44.01-54.00 psi King Laborers Tunnel Work-Compressed Air $107.01 7A 31 N. Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $109.13 7A 31 N Worker 60.01-64.00 psi King Laborers Tunnel Work-Compressed Air $114.23 7A 31 8�( Worker 64.01-68.00 psi https://fortress.wa.gov/lni/wagelookup/prVWagelookup.aspx 7/3/2018 Page 4 of 7 King !Laborers Tunnel Work-Compressed Air $116.13 7A 31 I Worker 68.01-70.00 psi I King Laborers Tunnel Work-Compressed Air $118.13 7A 31 8S Worker 70.01-72.00 psi King Laborers Tunnel Work-Compressed Air $120.13 7A 31 8C, Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $48.12 7A 31 8C, Tender King Laborers Tunnel Work-Miner $48.12 7A 31 8C, King Laborers Vibrator $47.44 7A 31 King Laborers Vinyl Seamer $46.57 7A 31 King Laborers Watchman $35.88 7A 31 King Laborers Welder $47.44 7A 31 King Laborers Well Point Laborer $47.44 7A 31 King Laborers Window Washer/cleaner $35.88 7A 31 ' King Power Equipment Operators Asphalt Plant Operators $60.49 7A 3C 8P King Power Equipment Operators Assistant Engineer $56.90 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $59.96 7A 3C 8P King Power Equipment Operators Batch Plant Operator, $59.96 7A 3C 8P Concrete King Power Equipment Operators Bobcat $56.90 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition $56.90 7A 3C 8P Equipment T King Power Equipment Operators Brooms $56.90 7A 3C 8P King Power Equipment Operators Bump Cutter $59.96 7A 3C 8P King Power Equipment Operators Cableways $60.49 7A 3C 8P King Power Equipment Operators Chipper $59.96 7A 3C 8P King Power Equipment Operators Compressor $56.90 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount $60.49 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $56.90 7A 3C 8P Screed i King Power Equipment Operators Concrete Pump - Mounted Or $59.49 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $59.96 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $59.49 7A 3C 8P King Power Equipment Operators Cranes Friction: 200 tons and $62.33 7A 3C 8P over King Power Equipment Operators Cranes: 20 Tons Through 44 $59.96 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $61.10 7A 3C 8P Tons, Or 150' Of Boom (Including Jib With . Attachments) King Power Equipment Operators $61.72 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7/3/2018 Page 5 of 7 Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments King Power Equipment Operators Cranes: 300 tons and over or $62.33 7A 3C 8P 300' of boom including jib with attachments King Power Equipment Operators Cranes: 45 Tons Through 99 $60.49 7A 3C 8P Tons, Under 150'Of Boom (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $56.90 7A 3C 8P Under King Power Equipment Operators Cranes: Friction cranes $61.72 7A 3C 8P through 199 tons King Power Equipment Operators Cranes: Through 19 Tons With $59.49 7A 3C 8P Attachments A-frame Over 10 Tons King Power Equipment Operators Crusher $59.96 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $59.96 7A 3C 8P (power) King Power Equipment Operators Derricks, On Building Work $60.49 7A 3C 8P King Power Equipment Operators Dozers D-9 Et Under $59.49 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck $59.49 7A 3C 8P Or Crane Mount King Power Equipment Operators Drilling Machine $61.10 7A 3C 8P King Power Equipment Operators Elevator And Man-lift: $56.90 7A 3C 8P Permanent And Shaft Type King Power Equipment Operators Finishing Machine, Bidwell $59.96 7A 3C 8P And Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $59.49 7A 3C 8P With Attachments King Power Equipment Operators Forklifts: Under 3000 Lbs. $56.90 7A 3C 8P With Attachments King Power Equipment Operators Grade Engineer: Using Blue $59.96 7A 3C 8P Prints, Cut Sheets, Etc King Power Equipment Operators Gradechecker/stakeman $56.90 7A 3C 8P King Power Equipment Operators Guardrail Punch $59.96 7A 3C 8P King Power Equipment Operators Hard Tail End Dump $60.49 7A 3C 8P Articulating Off- Road Equipment 45 Yards. Et Over King Power Equipment Operators Hard Tail End Dump $59.96 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $59.49 7A 3C 8P Locator King Power Equipment Operators Horizontal/directional Drill $59.96 7A 3C 8P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $59.49 7A 3C 8P 10 Tons King Power Equipment Operators $56.90 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7/3/2018 Page 6 of 7 Hydralifts/boom Trucks, 10 Tons And Under King Power Equipment Operators Loader, Overhead 8 Yards. Et $61.10 7A 3C 8P Over King Power Equipment Operators Loader, Overhead, 6 Yards. $60.49 7A 3C 8P But Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $59.96 7A 3C 8P Yards King Power Equipment Operators Loaders, Plant Feed $59.96 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $59.49 7A 3C 8P King Power Equipment Operators Locomotives, All $59.96 7A 3C 8P King Power Equipment Operators Material Transfer Device $59.96 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $61.10 7A 3C 8P $0.50 Per Hour Over Mechanic) King Power Equipment Operators Motor Patrol Graders $60.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, $60.49 7A 3C 8P Tunnel Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $56.90 7A 3C 8P Distribution a Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $59.49 7A 3C 8P Manlifts), Air Tuggers,strato King Power Equipment Operators Overhead, Bridge Type Crane: $59.96 7A 3C 8P 20 Tons Through 44 Tons King Power Equipment Operators Overhead, Bridge Type: 100 $61.10 7A 3C 8P Tons And Over King Power Equipment Operators Overhead, Bridge Type: 45 $60.49 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $56.90 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane $59.96 7A 3C 8P Mount) King Power Equipment Operators Plant Oiler - Asphalt, Crusher $59.49 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $56.90 7A 3C 8P King Power Equipment Operators Power Plant $56.90 7A 3C 8P King Power Equipment Operators Pumps - Water $56.90 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $60.49 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under $56.90 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $60.49 7A 3C 8P Rubber Tired Earth Moving Equipment King Power Equipment Operators Rigger And Bellman $56.90 7A 3C 8P King Power Equipment Operators Rigger/Signal Person, Bellman $59.49 7A 3C 8P (Certified) _ King Power Equipment Operators Rollagon $60.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $56.90 7A 3C 8P King Power Equipment Operators $59.49 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7/3/2018 Page 7 of 7 I Roller, Plant Mix Or Multi-lift I Materials King Power Equipment Operators Roto-mill, Roto-grinder $59.96 7A 3C 8P King Power Equipment Operators Saws - Concrete $59.49 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under $59.96 7A 3C 8P 45 Yards King Power Equipment Operators Scrapers - Concrete Et Carry $59.49 7A 3C 8P All King Power Equipment Operators Scrapers, Self-propelled: 45 $60.49 7A 3C 8P Yards And Over King Power Equipment Operators Service Engineers - Equipment $59.49 7A 3C 8P King Power Equipment Operators Shotcrete/gunite Equipment $56.90 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $59.49 7A 3C 8P Tractors Under 15 Metric Tons. King Power Equipment Operators Shovel, Excavator, Backhoe: $60.49 7A 3C 8P Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, $59.96 7A 3C 8P Tractors: 15 To 30 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $61.10 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes: $61.72 7A 3C 8P Over 90 Metric Tons King Power Equipment Operators Slipform Pavers $60.49 7A 3C 8P King Power Equipment Operators Spreader, Topsider a $60.49 7A 3C 8P Screedman King Power Equipment Operators Subgrader Trimmer $59.96 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $59.49 7A 3C 8P King Power Equipment Operators Tower Crane Up To 175' In $61.10 7A 3C 8P Height Base To Boom King Power Equipment Operators Tower Crane: over 175' $61.72 7A 3C 8P through 250' in height, base to boom King Power Equipment Operators Tower Cranes: over 250' in $62.33 7A 3C 8P height from base to boom King Power Equipment Operators Transporters, All Track Or $60.49 7A 3C 8P Truck Type King Power Equipment Operators Trenching Machines $59.49 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $59.96 7A 3C 8P Tons And Over King Power Equipment Operators Truck Crane Oiler/driver $59.49 7A 3C 8P Under 100 Tons King Power Equipment Operators Truck Mount Portable $59.96 7A 3C 8P Conveyor King Power Equipment Operators Welder $60.49 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $56.90 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $59.96 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7/3/2018 EXHIBIT "I" TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the"contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub-contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the Rev 4/17 - 28 - contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub-contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. Rev 4/17 - 29 -