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AG 19-001 - Action Services 2 RETURN TO: PW ADMIN EXT: 2700 ID#: 3 J b a +. 3 „i /fly CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM�(h 1. ORIGINATING DEPT/DIV: PUBLIC WORKS/ S1&rG►,G(_ V4 )4eiZ-�✓ � 2. ORIGINATING STAFF PERSON: L-✓LSG.- r\U.✓ (O`^' EXT: t`S- 3. DATE REQ.BY: M2. 3. TYPE OF DOCUMENT(CHECK ONE): ....ca.ABONTRACTOR SELECTION DOCUMENT(E 4135 RFP,RFQ) rJBLIC WORKS CONTRACT , ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT /❑ PROFESSIONAL SERVICE AGREEMENT iss��YIAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT /' ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION o CONTRACT AMENDMENT(AG#): o INTERLOCAL o OTHER ��/ 1 /�,� 1 ��j,� c- n` 4. PROJECT NAME: oZO(l'�D 2-0 .�tn r'.-Ee_ VXa7te /-1 CS(4.4 1 iz i off► ✓��� a i ry < n e..�. I r+,j-r.Ls4,-r. ..� .441c_ . 5. NAME OF CONTRACTOR: . - ADDRESS: .11 %C ? _ ' 9:jla_ LIP•r TELEPHONE: E-MAIL: b6Erb4,1ra- '1 Q,C.}1vj�� �VI/� FAX: �p - SIGNATURE NAME' TITLE: �I�sri�Q�Yl4L 6. EXHIBITS AND ATTACHMENTS J -SCOPE,WORK OR SERVICES ❑ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS CFW LICENSE# 1 b'`0-005 BL,EXP. 12/31/ / g. UBI# /j()( (1-0,2eci� ,EXP.7 .5/ /L i 7. TERM: COMMENCEMENT DATE: (�'tSl II ' ✓ L L 3 COMPLETION DATE: e..._ 51 1 2i Zo 8. TOTAL COMPENSATION:$ 15I 5sci r OD (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) 1 REIMBURSABLE EXPENSE: ❑YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YES 0 NO IF YES,$ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: C�pn� � // I c RETAINAGE AGREEMENT(SEE CONTRACT)OR ❑RETAINAGE BOND PROVIDED 7URCHASING: PLEASE CHARGE TO:O"�-'C 'LLL I aC di-ed...1 ree0 � `4 y il 9.✓✓✓✓✓✓DVVVVVVOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INI IAL/DATE APPROVED ❑ PROJECT MANAGER t� � VISION MANAGER 1r1�/ g'"l5j "1$ / 111 3i/j y ,Jr) 1b(3.f/y DEPUTY DIRECTOR "rrDIRECTOR �/" q 1 13113 ���Q o RISK MANAGEMENT (IF APPLICABLE) D' //� I/,!�./ �'., 1 18 /e�,AW DEPT &g/g-e//6 ® 'Wi/l q Y�"' If��1 10. COUNCIL APPROVAL(IF APPLICABLE)^,, cA S HEDULED COMMITTEE DATE: -7 (-2-(i COMMI EE APPROVAL DATE: -7( t 1 1 PS WV" l '` , , Wim! SCHEDULED COUNNCI ATE: ll-c { V COUNCIL APPROVAL DATE: /1--ao -1 g 11. CONTRACT SIGNATURE ROUTING 1 1 l 0 DATE REC'D: /c2l(,v 1/ LQ ENT TO VENDOR/CONTRACTOR DATE SENT: 1 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LIC NSES,EXHIBITS REATE 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 � / SIGNATORY(MAYOR OR DIRLeTrJ ) ` 7.IRMI�� CITY CLERK u_ I i ASSIGNED AG# AG• i Q kk - - DATE SENT: $ �. RETURN.913E ORIGIN:, E ELUTE " ORIGINALS ' t( C. 11 01-"��' _59 l 'G/'I; V" • T-1-Q . , G.-4 J -a-.1-- vN Y,-d 4- 4 Ire—Lig;eAdJ/ s 6 c-cf -- /c kr,—,,Ac INId r�C� I_ .'_ S t E� WGV`L 1,,,,,--.1 v I"t..n�1�y (t �- d ®� 'h 0-3 Y'e,VA • ,S2 --- 53 aw.ovecK 4ot"nQ 1atmv le �ow, Sd. W. 1/2018 J 4‘, CITY or iii.... Federal Way INTEROFFICE MEMORANDUM DATE: December 18, 2018 TO: Kristin Trivelas, Accounting Manager VIA: EJ Walsh, P.E., Public Works Directorill 2'4'-'`------ John Hutton, Parks Director%?; FROM: Theresa Thurlow, P.E., Surface Water Managerp ' RE: 2019/2020 SWM Vactor Services Contract, AG 19-001 Account information for associated Purchase Order The SWM Vactor Services Contract provides services primarily to SWM but also to Parks. During the course of the contract, it is expected that Parks will utilize $16,000 of the contract amount. As such, please divide the purchase order to pull from the following accounts: SWM: 401-3100-640-542-45-480 in the amount of $202,592.00 Parks: 001-7100-331-576-80-480 in the amount of $ 4,000.00 001-7100-336-576-84-480 in the amount of $ 4,000.00 505-1100-331-576-30-480 in the amount of $ 4,000.00 505-1100-331-576-80-480 in the amount of $ 4,000.00 For a total of $218592.00 With their initials above, each Department Director acknowledges these items are included within their 2019/2020 budgets. SWM invoices will pull from the above account and Parks will indicate on their invoices which account to pull from. Please contact me with any questions. Thank you "\" jt.)(____1_,...,_______ Theresa �_��t City of Federal Way Public Works Department 1 ICITY OF Federal Way • BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance I ' RFB # 18-011 City of Federal Way Public Works Department 33325 Eighth Avenue South Federal Way, WA 98003 1 Mailing Address: City of Federal Way ' Public Works Department PO Box 9718 Federal Way, WA 98063-9718 ORIGINAL CONTRACT #1 OF 3 CITY CLERK 1 1 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 1 2019/2020 Surface Water Management (SWM) ' Vactor Services and Drainage Infrastructure Maintenance RFB # 18-011 I Bids Accepted Until 3:00 p.m., October 17, 2018 Bids Opened 3:10 p.m., October 17, 2018 AT: City F Federal ty ofede al W ay I Hylebos Conference Room 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: I Public Works Department SWM Division CITY OF FEDERAL WAY, WASHINGTON 1 ` 1 1 1 City of Federal Way RFB # 18-011 II 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 2 [2018] RFB ver. 5-18 I TABLE OF CONTENTS ' PAGE PUBLIC NOTICE — REQUEST FOR BIDS 4 IBIDDER'S CHECKLIST 7 ISECTION 1: INSTRUCTIONS TO BIDDERS 10 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS 19 INO BID RESPONSE FORM (Attachment A) 26 ' BID FORM (Attachment B) 27 BID SCHEDULE (Attachment C) 29 IBID SIGNATURE PAGE (Attachment D) 31 BID BOND FORM (Attachment E) 32 SUBCONTRACTOR LIST (Attachment F) 33 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G) 34 ICONTRACTOR'S COMPLIANCE STATEMENT(Attachment H) 37 CONTRACTOR CERTIFICATION — WAGE LAW COMPLIANCE (Attachment I) 38 PUBLIC WORKS MAINTENANCE AGREEMENT(Attachment 3) 39 (With Exhibits A-F and Appendixes as attached) Exhibit A Services Exhibit B Compensation Exhibit C Performance/Payment/Retainage Bond Exhibit D Insurance Certificate Exhibit E Prevailing Wages Exhibit F Title VI Assurances IExhibit G Sample Mapping of Assets Identified for Cleaning IAPPENDIX A: STORM CLEANING DAILY LOG EXAMPLE 111 I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 3 [2018] RFB ver. 5-18 I ICITY OF FEDERAL WAY REQUEST FOR BIDS 1 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance RFB # 18-011 ISUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids I through October 17, 2018, until 3:00 p.m., at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 3:00 p.m. on said date will not be considered. IBID OPENING: All bids will be opened and read publicly aloud at 3:10 p.m. on Wednesday, October 17, 2018, 1 at Hylebos Conference Room, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. IDESCRIPTION OF WORK: The City seeks the services of a skilled independent contractor ("Contractor") capable of I working without direct supervision to perform "on-call" and emergency vacuum/jet rodding and hydro-excavating services on City storm drain systems and related work as further described in the 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage 1 Infrastructure Maintenance Agreement ("Agreement," attached hereto as Attachment J and incorporated by this reference). Work will occur within the street right-of-way ("ROW"), City owned property, or drainage easements. Typical structures to be maintained and/or serviced Iare catch basins, also known as CBs (Type I, Type 1L, and Type II), manholes (MH), vaults, oil/water separators, drainage pipes, and culverts. It will be necessary to enter confined spaces to clean and/or perform visual inspections of certain pipes and structures. The work shall be performed as needed by the City. Typical work hours are 7:00 a.m. to 5:00 p.m., Monday through Friday. The City anticipates repetitive assignments throughout the year. The I amount of work may vary from month to month. Contractor shall perform services within 24 hours of receiving notification from the City to perform services. For emergency services, the City will require a maximum two hour response time from time of notification and priority over Iother non-contract customers. For non-emergency work, the City will provide the Contractor notification of work and a .pdf Ifile listing of the areas to be cleaned. The City will identify to the Contractor which catch I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 4 [2018] IRFB ver. 5-18 ' basins within each year's annual circuit are to be cleaned no later than January 30th of the service year. It will be the Contractor's responsibility to provide all required equipment and ' labor necessary to complete all requested work and properly dispose of collected water and solids. ' The Contractor shall complete all annual circuit cleaning of that year's catch basins within 90 working days of receipt of the .pdf files listing areas to be cleaned. Approximate quantity of catch basins cleaned per year, based on previous five year ' average, is 2,188 Type I or 1L, and 500 Type II or Manhole (48" or greater). All other "on-call" work shall be performed within the response times previously 1 stated. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents. Any questions concerning the description of the work contained in the contract ' documents must be directed to Theresa Thurlow, SWM Division Manager, by email at theresa.thurlow@cityoffederalway.com, or by letter addressed to Theresa Thurlow, SWM Division Manager, Public Works Department. The questions must be received by the City on or ' before October 10, 2018, to allow a written reply to reach all prospective Bidders before the submission of their bids. BIDDING DOCUMENTS: Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is Iprovided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects," "Public Works," and "City of Federal Way." This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that rBidders "Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List." Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan for addenda issued on this Iproject. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. I An informational copy of plans, specifications, and addenda are also available for viewing only at the Public Works Department, Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. ' The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated 1 against on the grounds of race, color, national origin, or sex in consideration for an award. The City ' City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 5 [2018] RFB ver. 5-18. encourages minority and women-owned firms to submit bids consistent with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for and obtain public i contracts. The Contractor will be required to comply with all local, State, and Federal laws and ' regulations pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required associated documents are executed in full. Regardless of the date of award, or Notice to Proceed, the Contractor must complete all work under this project by December 31, 2020. RESERVATION OF RIGHTS: I The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening Ithereof unless the award is delayed for a period exceeding thirty (30) days. Dated the 18th day of September, 2018. ' Dates of Publication: �. Tacoma News Tribune: September 21, 2018 September 28, 2018 ' Daily Journal of Commerce: September 21, 2018 September 28, 2018 ' Federal Way Mirror: September 21, 2018 September 28, 2018 ' City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 6 [2018] RFB ver. 5-18 BIDDER'S CHECKLIST I The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. El Bid Form (Attachment B) IThe Bid Form shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Schedule (Attachment C) The unit prices shall be set forth in the space provided. iil I ❑ Bid Signature Page (Attachment D) IThe Bid Signature Page shall be filled in and fully executed by the bidder. Bid Bond Form (Attachment E) IL] This form is to be executed bythe bidder and the suretycompany unless a certified check is p Y submitted with the bid. The amount of this bond or certified check shall not be less than five Ipercent (5%) of the total bid amount and shall be shown in both words and figures. ❑ Subcontractor List (Attachment F) The Subcontractor List shall be filled in by the bidder. (This section may/may not apply) ' ❑ Combined Affidavit and Certification Form (Attachment G) This form must be subscribed to and sworn before a Notary Public and notarized. ❑ Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fullyexecuted bythe bidder. P ❑ CONTRACTOR CERTIFICATION — WAGE LAW COMPLIANCE (Attachment I) This form must be filled in and fully executed by the bidder. II ❑ Contractor's Certificate of Registration • City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 7 [2018] RFB ver. 5-18 ' The bidder shall provide a copy of Contractor's current registration with the State of Washington. ' ❑ Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. 1 I I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 8 [2018] RFB ver. 5-18 ' SUCCESSFUL BIDDER'S CHECKLIST ' The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ' ❑ Public Works Maintenance Agreement (Attachment 7) The successful bidder will fully execute and deliver to the City the Public Works Maintenance ' Agreement for2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance ("Contract") from these Bid Documents. ' ❑ Certificate of Insurance (Exhibit D) ' The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ' ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. 1 ' City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 9 [2018] RFB ver. 5-18 ' SECTION 1: INSTRUCTIONS TO BIDDERS 1-1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 3:00 p.m. local time on October 17, 2018, to the Purchasing t Office of the City of Federal Way (the "City"), located on the second floor of City Hall, 33325 Eighth Avenue S, Federal Way, Washington, 98003, or received by US Mail at City of Federal Way, Purchasing Office, PO Box 9718, Federal Way, Washington 98063-9718 and will be publicly opened and read aloud in City Hall Council Chambers on October 17, 2018, at 3:10 p.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder ' accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. ' 1-2 Bid Form Bids shall be made on the "Bid Form," Attachment "B" issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ' ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. ' 1-3 Bid Signature I All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of I the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City Ireserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself/herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1 . I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 10 [2018] RFB ver. 5-18 1 ' 1-4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. 1-5 Modification of Bid I A modification of a bid already received will be considered only if the modification is received ' prior to the time announced for bid opening. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. I1-6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that 1 the bidder has thoroughly examined and is familiar with the bid and contract documents and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be Iprovided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations Iwith respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and I service locations(s) as required. Bidders shall become familiar with and verify any 111 environmental factors, which may impact current or future prices for this requirement. 1-7 Interpretation of Bid and Contract Documents No oral interpretations will be made to any bidder as to the meaning of the bid or contract 1 documents and no oral communications will be binding upon the City. Any questions concerning the description of the work contained in the contract documents must be directed to Theresa Thurlow, SWM Division Manager, by email at Itheresa.thurlow@cityoffederalway.com, or by letter addressed to Theresa Thurlow, SWM Division Manager, Public Works Department. The questions must be received by the City on or before Wednesday October 10, 2018 to allow a written reply to reach all prospective Bidders before the submission of their bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is I practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 11 [2018] RFB ver. 5-18 1 ' 1-8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1-9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In I the event of a discrepancy between a unit price and an extended amount and/or the total price, the unit price will govern and the extended amount and/or total price will be corrected accordingly. However, downward correction of a bid, which would displace the apparent low I bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. I1-10 Postponement of Bid Opening IThe City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. 1 1-11 Rejection of Bids I A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid I Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and/or responsibility necessary to perform the Iwork after considering the elements in Section 1-14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. I B. The city further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 12 [2018] ' RFB ver. 5-18 1-12 Alterations to Documents Prohibited I Any addition, limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or Itelephonic bids or modifications will be considered. 1-13 Disqualification of Bidder If in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are ' required to submit the Affidavit of Non-Collusion (Attachment G) with their bids. 1-14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder ' as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. ' A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the bidder to Idetermine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. B. Responsibility —The Citywill consider all the material submitted bythe bidder, and other evidence it I P tY may obtain including information from previous project owners, to determine whether the bidder is ' responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: I 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; If applicable: i. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required ' in Title 82 RCW; c. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). d. Within a three-year period immediately preceding the date of the bid solicitation, the bidder ' shall not be a willful violator, as defined in RCW 49.48.082, of any provision of Chapters I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 13 [2018] ' RFB ver. 5-18 I 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued bythe Department of Labor and Industries or through a civil judgment 9 J 9 Ientered by a court of limited or general jurisdiction. 2. Supplemental Bidder Responsibility Criteria I a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of I a similar size and scope as required by the contract documents for this project. The City will evaluate whether the projects were "successfully completed" and of a "similar size and scope." IC. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. d. Companies must have been a business at least three years with no interruption. I e. Companies must be licensed to do business within Washington State and the City of Federal Way. f. Companies must have provided equivalent services to at least two other public I g. agencies within the past two years. Companies must be able to provide all equipment, materials, and labor necessary to complete assigned tasks. h. Equipment must be five (5) years or newer. Ii. Vacuum truck driver/operator must possess a valid CDL class"A"license. I3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B) (2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other ' bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a notarized statement certifying the company has been a business for at least three years with no interruption. Ib. The bidder shall submit a list of two other public agencies or jurisdictions for which equivalent services have been completed within the previous two years and include for each project the following information; the name of the I agency/jurisdiction, the name, telephone number, and email address of contract manager or administrator for the contracted services the awarded contract amount; the final contract amount; a description of the scope of the project and I how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; I timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, contract I amendments, and close-out. c. The bidder shall submit a list, if any, of claims filed against the retainage, City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 14 [2018] 9 I RFB ver. 5-18 payment, or performance bond for any of the contracted services with a public agency; a written explanation of the circumstances surrounding each claim and ' the ultimate resolution of the claim. d. The bidder shall submit an equipment inventory list which includes the equipment make/model, model year, year purchased, date last serviced, and 1 mileage. Equipment to be used under the 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance must be five (5) years or newer. ' e. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. ' 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B) (1) and (B) (2) above and is therefore not a responsible bidder, the City shall ' notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the City's determination by presenting additional information to the City and meeting the requirements of section 1-20(B). The City will consider the additional information before I issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business ' days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid —The lowest bid shall be determined as set forth on the Bid Form. IThe acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the I bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. • 1-15 Procedures When Only One Bid is Received IIn the event only a single responsive bid is received, the City reserves the right to conduct a price and/or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the ' right to reject such bid. 1-16 Bid Documents Bidders are required to submit with the bid package the following: ' A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 15 [2018] ' RFB ver. 5-18 C. Attachment C— Bid Schedule. ' D. Attachment D— Bid Signature Page. E. Attachment E— Bid Bond Form. F. Attachment F— Subcontractor List. (May Not Apply) G. Attachment G— ac ent Combined Affidavit and Certification Form. H. Attachment H— Contractor's Compliance Statement. I. Attachment I— Contractor Certification — Wage Law Compliance. 1-17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: ' A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed ' and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities ' 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered ' or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 16 [2018] ' RFB ver. 5-18 I1-18 Bid Security I No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5%) of the Total Bid Price as indicated on Attachment B, "Bid Form," or a bid bond in the form of Attachment E or a letter of credit for a like amount. The Icheck or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and/or performance bond required herein in the event the contract is q ), awarded to them, within ten ' (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be I executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond". If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn ' on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond". Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at I least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. IThe City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance/payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. I1-19 Performance/Payment Bond The bidder to whom the City has awarded this Contract will remove the Performance/Payment ' Bond (Exhibit C) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100%) of the contract price as security for the faithful performance of the work including the payment of all I persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the State of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance/Payment Bond (Exhibit G) shall in no Iway affect or alter the liabilities of the Contractor to the City under Section 8 "Indemnification" of the Public Works Contract. ' The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City I may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 17 [2018] RFB ver. 5-18 1 Isubmit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1-20 Bid Dispute ' A. Anyactual or prospective bidder, includingsub-contractors and suppliers showinga P p PP substantial economic interest in this contract who is aggrieved in connection with ' the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for ' submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from ' actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be ' considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific ' grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way ' PO Box 9718 Federal Way, Washington 98063-9718 ' Attention: Bid Protest - 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance RFB # 18-011 ' C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and ' informing the aggrieved person of his or her right to appeal the decision to the City Manager or his or her designee. A copy of the decision shall be mailed (by certified ' mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) ' calendar days after receipt of the decision to the City Manager or his or her designee. If the decision is appealed, then the subsequent determination of the City I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 18 [2018] RFB ver. 5-18 ' Manager or his or her designee shall issue within five (5) days of the City Manager's receipt of the appeal and shall be final and conclusive. ' D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS I2-1 Administration ' This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if ' any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to ' perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Ryan IThomas, SWM Maintenance Supervisor. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Theresa Thurlow, SWM Division Manager, for response. 2-2 Proof of Compliance pace with Contract IIn order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, ' submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. I2-3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor I for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Contract, General Contractual ITerms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Technical Specifications, Addenda and Contract Amendments. The contract documents are intended to be complementary so that what is required by any one of them I shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. El City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 19 [2018] RFB ver. 5-18 I 2-4 r Charges to Contractor o ' Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. 2-5 Contract Amendments 1 The City may, at any time, without notice to the sureties, by written order designated or ' indicated to be a contract amendment, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time I required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives 1 written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written contract amendment form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and Ianalysis for the claims as the City may require to determine if the claims and costs have merit. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted 111 after final payment under this contract. 2-6 Work and Materials Omitted ' The Contractor shall, when directed in writingbythe Ci omit work, services and materials to City, be furnished under the contract and the value of the omitted work and materials will be Udeducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as ' mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral contract amendment adjusting the price and the delivery schedule. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 20 [2018] RFB ver. 5-18 1 ' 2-7 Washington State Sales Tax I The Contractor shall make payment directly to the State for all applicable Washington State 111 sales taxes and all other governmental taxes, assessments and charges. I 2-8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be trejected by the City. 2-9 Warranty All materials and equipment sold and labor performed under this contract are warranted by I the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold I or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. ' 2-10 No Waiver of Warranties and Contract Rights IConducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of ' any express or implied warranty or any right under this contract or in law. 2-11 Legal Relations IThe Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, I equipment or service provided under this contract. Neither the Contractor nor the City shall 111 assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other Iparty. This contract shall be binding upon and inure to the benefit of the successors of the parties. I2-12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed I according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising here from shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 21 [2018] IRFB ver. 5-18 I2-13 Hazardous Chemical Communication I In order to comply with WAC 296-62-054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic Iproduct(s) to the specified delivery sites. Include the following information in the MSDS: 1 A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the ' MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the ' MSDS and the hazards and corresponding personal protection, etc., also be listed. A statement as to the intended use of the product. IC. 2-14 Delivery and Liquidated Damages ITime is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual Idamages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Exhibit A, Services of the Public Works Maintenance Agreement, to ' compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. I2-15 Force Majeure IThe Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public Ienemy, acts of any government, fire, floods, epidemics, and strikes. 2-16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be ' owned by and made available to the City for public use, unless the City shall, in a specific case City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 22 [2018] RFB ver. 5-18 III where it is legally permissible, determine that it is in the public interest that it not be so owned or available. IThe Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data"), shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than I documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. IAll such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each Isubcontract for the work on the project. 2-17 Patents and Royalties The costs involved in license fees, royalties or in defendingclaims for anypatented invention, article, process or method that may be used in or connected with the work under this contract Ior with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, ' together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, I furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. IShould the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute Iother articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. I2-18 Disputes, Claims and Appeals I Questions or claims regarding meaning and intent of the contract or arising from this contract shall be referred by the Contractor in writing to the Purchasing Coordinator for decision within five (5) days of the date in which the Contractor knows or should know of the question or Iclaim. The Purchasing Coordinator will ordinarily respond to the Contractor in writing with a I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 23 [2018] ' RFB ver. 5-18 ' decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10th) day following receipt by the Purchasing Coordinator. ' In the event the Contractor disagrees with any determination or decision of the Purchasing Coordinator, the Contractor shall, within fifteen (15) days of the date of such determination or Idecision, appeal the determination or decision in writing to the City. Manager. Such written notice or appeal shall include all documents and other information necessary to substantiate the appeal. The City Manager will review the appeal and transmit a decision in writing to the ' Contractor within thirty (30) days from the date of receipt of the appeal. Failure of the Contractor to appeal the decision or determination of the Purchasing Coordinator within said ' 15-day period will constitute a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the City Manager shall be a condition precedent to litigation hereunder. I All claims, counterclaims, disputes and other matters inquestion between the Cityand the p Contractor that are not resolved between the Purchasing Coordinator and the Contractor will I be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the City and the Contractor. This contract shall be interpreted and construed in accordance with the laws of the State of IWashington. IPending final decision of the dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the Purchasing Coordinator. Failure to comply precisely with the time deadlines under the paragraph as to any Iclaim shall operate as a release of that claim and a presumption of prejudice to the City. 2-19 Recycled Products • 11 The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides Iof paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing Irecycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, Iincluding a percentage of post-consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached • to the bid documents. The certification on multi-component or multi-material products shall verify the percentage and type of post-consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as ' a procuring agency, permission to verify the certification of recycled content by review of the I City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 24 [2018] ' RFB ver. 5-18 -OM Ibidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. 1 1 t I 1 City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 25 [2018] RFB ver. 5-18 Attachment A NO BID RESPONSE FORM IWhen submitting a "No Bid," mail this completed form to Federal Way Purchasing, PO Box 9718, Federal Way, Washington 98063-9718. Be sure the form is in a sealed envelope with the Ili I bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1-1. IBid Number: RFB No. 18-011 Bid Title: 2019/2020 Surface Water Management (SWM) Vactor Services and ' Drainage Infrastructure Maintenance I ❑ Cannot comply with specifications. ID Cannot meet delivery requirement. ❑ Do not regularly manufacture or sell the type of commodity involved. ' ❑ Other (please specify). Explanation of reason(s) checked: Check one of the following: ❑ WE DO ❑ WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. IFirm m Name. Address: Phone: ISignature Date IName (Type or Print) Title City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 26 [2018] RFB ver. 5-18 Attachment B BID FORM CITY OF FEDERAL WAY The City seeks the services of a skilled independent contractor ("Contractor') capable of working without direct supervision to perform "on-call" and emergency vacuum/jet rodding and hydro-excavating services on City storm drain systems and related work as further described in the 2019/2020 Surface Water Management (SWM) Vector Services and Drainage Infrastructure Maintenance Agreement Work will occur within the street right-of-way (ROW), City owned property or drainage easements. BID FORM Bidder: ion Services Corporation Date:October 17,2018 20Box4339,Bremerton,..WA 98312 ITEM BID AMOUNT TOTAL BID AMOUNT $ 218,592.00 (including Washington State sales tax, all other government taxes, assessments and charges) To City Council Members City of Federal Way 33325 8th Ave South PO Box 9718 Federal Way, Washington 98063-9718 Pursuant to and in compliance with your advertisement for bids for 2019/2020 Surface Water Management (SWM)Vactor Services and Drainage Infrastructure Maintenance services and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of the2019/2020 Surface Water Management (SWM) Vector Services and Drainage Infrastructure Maintenance contract, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above-referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 27 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Agreement and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. Bond or Certified Check Ten thousand,nine hundred,thirty&no/100 Dollars ($ 10,930.00 The Bidder shall complete this entire Bid Form or this bid may be considered non-responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. Receipt of the following Addendums is hereby acknowledged: Addendum No. Date Issued: Addendum No. Date Issued: Addendum No. Date Issued: Corpoaration Action Services Corporation Corporation/Radusersitiptdoslivickni Firm Name (Delete Two) 601 402 893 Bidder's State License No. Signa re 601 402 893/759173-00-4 President Bidder's State Tax No. Title City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) Vector Services and Drainage Infrastructure Maintenance Page 28 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal Attachment C BID SCHEDULE CITY OF FEDERAL WAY Bidder: Action Services Corporation Date: October 17,2018 PO Box 4339, Bremerton,WA 98312 Note: Unit price(including sales tax)for all items, all extensions, and total amount of bid must be shown. All entries must be written or entered in ink Show unit price in words and decimal numbers, and where conflict occurs, the written or typed words shall prevail. Actual quantities required may vary from approximate quantity, For purposes of bidding this contract, the approximate quantity is based on the average of work performed annually under the current vactor and maintenance services contract. ITE APPROX UNITS ITEM WITH UNIT PRICE BID UNIT EXTEND M QUANTIT (Unit price to be Written In Words) PRICE ED NO Y/YR PRICE Cleaning of Type I or 1L Storm Catch Basin 1 2,188 EA $Per Each Thirty-three dollars&95/100 33.95 74,282 Cleaning of Type II Storm Catch Basin or 2 500 EA Manhole(48" Dia. or greater) $ Per Each Forty-four dollars&50/100 44.50 22,250 Cleaning of Underground Retention/Detention 3 100 HR Facilities $ Per Hour One hundred,eighty&00/100 180.00 18,000 Jet Rodding/Pipe Cleaning/Culvert Cleaning 4 167 HR $Per Hour One hundred,eighty-five&00/100 185,00 30,895 Hydro-excavating 5 24 HR $Per Hour One hudred,eighty-five&00/100 185.00 4,440 Emergency Caliout 6 10 HR $Per Hour One hundred, ninety-four&00/100 194.00 1,940 Disposal of Vacuumed Solids/Spoils 7 187 TNm ee Ninetypnratetteueirmitlees and all other costs) 93.50 17,485 City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 29 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal $ Per Ton Disposal of Liquid Decant 8 131,000 GAL (including permit fees and all other costs) $ Per Gallon .30/100 cents .30 39,300 9 REIMBURSEABLE DISPOSAL of Hazardous Liquids/Solids/Spoils/or Hazardous Material* $10,000 $10,000 Reimbursable expense not to exceed $10,000 TOTAL BID AMOUNT (Incl ding Washington State sales tax,all other government taxes,assessments and charges) $218,592 * Although it is not the intent of this contract to collect and dispose of any hazardous liquid/solids/spoils/or hazardous material, the City acknowledges that Contractor could encounter hazardous waste or materials during catch basin cleaning work and a reimbursable account, not to exceed $10,000 is included within this contract. City of Federal Way RFB# 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page.30 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal AttachmentD BID SIGNATURE PAGE Date: October 17, 2018 The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance and comply with all other terms and conditions of the contract and bid documents of RFB 18-011. No bidder may withdraw his/her bid for a period of ninety (90) days after the day of bid opening. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (S%) of the total amount will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. Corporation Action Services Corporation Corporation/ Company (Delete Two) By: �_ !r►_��_' (Signa. e) Tonv D Sandefur (Printed Name) Its: President (Title) PO Box 4339 Bremerton, WA 98312 (Address) 360-373-4265 (Telephone Number) City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 31 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal I 1 Attachment E IBID BOND FORM I Herewith find deposit in the form of a certified check, cashier's check, cash, or:bid bond in the amount of$ , which amount is not less than five percent (5%) of the total bid. I BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, Action Services Corporation , as I Principal, and Nationwide Mutual Insurance Company , asSurety, are held and firmly bound unto the City of Federal Way, as Obligee, in the penal sum of 5%0 of the bid proposal and /100 dollars ($ 5% ), for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, I successors and assigns,jointly and severally, by these presents. I The condition of this obligation is such that if the Obligee shall make any award to the Principal for: I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance 1 According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance withthe terms of said proposal or bid and award and shall give bond for the faithful performance I thereof, with Surety or Sureties approved by the Obligee, or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full I force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. I SIGNED, SEALED AND DATED THIS 17th DAY OF October , 20 18, Action Services Corporation i By' Principal `oi.CP ' Nationwide M tual Insura, -- ompany .\\ ,*+ . �,,. ,,t�4, ' i re / 'f L.Faure'Attorney in fact f �" 4 Su ate: October 17 `20 ip , A> ti l Received return of deposit in the sum of$ i aS , '� \4' ,i ,o,1 ICity of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage infrastructure Maintenance Page 32 12018/ RFB ver. 5=18 Power of Attorney tKNOW ALL MEN BY THESE PRESENTS THAT Nat onwide Mutual Insurance Company an Ohio corporation AMCO insurance Company,an Iowa corporation I Nat oral Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an owa corporation hereinafter referred to severally as the'Company"and collectively as"the Companies'does hereby make,constitute and appoint: MARY L.FAURE I TACOMA WA each in their individual capacity,its true and lawful attomey-in•fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and I undertakings,and other obligatory instruments of similar nature,in pens ties not exceeding the sum of THREE MILLION AND NO/100 DOLLARS S 3,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company,and all acts I of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-In-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings. recognizances,transfers,contracts of indemnity,policies.contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority,provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any I of said documents on behalf of the Company," 'RESOLVED FURTHER,that such attorneys-In-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents-" This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Eacacutian oUnetnaments,Any vice president,any assistant secretary or any assistant treasurer shad have the power and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of I the board,the chief executive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to sealed nd duly attested by the signature of ifs officer the 15th day o1 February , 2017 � _ Antonio C.Albanese, Vice President of Nationwide Mutual Insurance Company, National N ` e ▪ +A Casualty Company,AMCO Insurance Company.Allied Property and Casualty Insurance Company I T d►�a • !SEAL • SEAL),1 ACKNOWLEDGMENT -., g 0 STATE OF NEW YORK,COUNTY OF NEW YORK:ss I �;s I ,a��+• 4' On this 16th day of February , 2017 ,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the .� preceding instrument,and he acknowledged the execution of the same,and being by me duly �,CaS�yty .►�v?w!r!lk.� sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed 1 d � w '',,,,�,, + hereto is the corporate seal of said Company,and the said corporate seal and his signature were l t : i /�j ! duly affixed and subscribed to said Instrument the authority and direction of said Company. �� �+�++'►+'I.1 BARRY T BASS'S ` �Q �/ SPA * :.� Notary Public,Stale of New York r� 1 Y rr sW V%iii ;i4A+• No.026M656400 r roe o" 111111610* Quaffed in New York County Notary Pubic I Commission Expires April 30,2018 My Corturtlasion ExcitantCERTIFICATE Aum 30,2019 t,Parag H.Shah,Assistant Secretary of the Company,do hereby certify that the foregoing is a lull,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a treerliritf LrbN%,, : script from the minutes of the meetings of the boards of directors and the same has I not been revoked or amended in any manner;that said•ititor'i 13I -•on the date of the execution of the foregoing power of attorney the duly elected officer of the Company,and the corporate seal and his siiina'tute as• - my affixed and subscribed to the said instrument by the authority of said board of directors;and the foregoing power of attorney isifit,In full force and elf ' ' "' 17th IN WITNESS WHEREOF,I have hereunto substJb d my fear aspsaj rani Mary,and affixed the corpora -d Company this day of IOctober , 2018 w e v y . This power of attorney expires:April 30, 20.19=-_, 4 rn . ,�` Assistant Secretary IBIN 1(01-17)00 s t/,., �. ��s." 30770 �. �,;:u1 I Attachment F SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW and electrical as described in Chapter 19.28 RCW, or identify the bidder for the work will result in your bid being non- responsive and therefore void. Subcontractors that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be named below, or name the bidder for the work. The bidder verifies that each first tier subcontractor, and every subcontractor of any tier that hires other subcontractors,has a current certificate of registration in compliance with chapter 18.27 RCW; a current Washington Unified Business Identifier(UBI) number; has Industrial Insurance (workers' compensation)coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; has a Washington Employment Security Department number, as required in Title 50 ROW, if applicable; has a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; has an electrical contractor license, if required by Chapter 19.28 RCW, if applicable; has an elevator contractor license, if required by Chapter 70.87 RCW. The following listed bid items (listed in numerical sequence) for this project have been proposed for subcontracting to subcontractors as indicated. SUBCONTRACTOR ITEM NUMBERS ESTIMATED AMOUNT WMBE QUALIFIED? NAME (Y/N) N/A City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 33 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Attachment G CITY OF FEDERAL WAY COMBINED AFFIDAVIT AND CERTIFICATION FORM Non-Collusion, Anti-Trust, Prevailing Wage (Non-Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment NON-COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he/she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other Bidder or Bidders; and NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll-free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti-trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 34 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal If the undersigned, having duly sworn, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, workperson, or mechanic employed in the performance of such work, not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my knowledge and belief; and DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCVV 50.12.070(1)(b), RCW 51.16.070(1)(3), or RON 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year,to have committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non-Collusion Affidavit, Assignment of Anti-Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit, Affidavit of Eligibility, and Certification of Lawful Employment. 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Name of Bidder's Firm ACTION SERVICES CORPORATION City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 35 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Seal Sig atyre-o •orized Representative of Bidder Subscribed and sworn to before me this 17th day of October , 2018. `""t •••Acii,v"��i,�-- Barbara Acuna • • •• - (printed/typed name of notary) • :NOTARY PUBLIC : = Notary Public in and for the State of Washington COMM.EXPIRES = My commission expires: _September 10, 2020 •• SEPT 10 2020 • ---°1/.17' •••••••••'(����� FcWASNitsgsmini1 �`�% City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 36 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Attachment H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: October 17, 2018 This statement relates to a proposal contract with the Cityof Federal Waynamed P P 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance I am the undersigned bidder or prospective contractor. I represent that: I ❑x have, ❑ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11246 (regarding equal employment opportunity) or a preceding similar Executive Order. Art-ion SPrvi rPs Cnrporati on Name of Bidder Signature— Its: President Title PO Box 4339 Bremerton, WA 98312 Address City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 37 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal Attachment I Contractor Certification Wage Law Compliance—Responsibility Criteria FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the Request for Bids. Bidder Name: Action Services Corporation Name of Contractor/Bidder-Print Full Legal Entity Name of Firm ` ---4 ..11110101.11k— • Tony D Sandefur Signature of horized Person "` Print Name of Person Making Certifications for Firm Title: President Place: Bremerton, WA Title of Person Signing Certificate Print City and State Where Signed Date: October 17, 2018 City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 38 [2018] RFB ver. 5-18 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scal ' 6. CITY OF CITY HALL 33325 8th Avenue South , ., ,,, Federal Way Federal Way.WA 98003-6325 (253) 835-7000 I w'w cit con} Attachment.? IPUBLIC WORKS MAINTENANCE AGREEMENT FOR 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage IInfrastructure Maintenance This Public Works Maintenance Agreement ("Agreement") is made between the City of Federal Way, a I Washington municipal corporation ("City"), and Action Services Corporation, a "Washington corporation"or ("Contractor"). The City and Contractor (together"Parties") are located and do business at the below addresses which shall be valid for any notice required under this,Agreement: IACTION SERVICES CORPORATION: CITY OF FEDERAL WAY: I Tony D. Sandefur, President Ryan Thomas, SWM Maintenance Supervisor Action Services Corporation 33325 8th Ave. S. P.O.Box 4339 Federal Way, WA 98003-6325 I Bremerton, WA 98312 (253) 253-835-2755 (telephone) 360-373-4265 (253) 253-835-2709 (facsimile) Barbara@getactionservices.com ryan.thomas@cityoffederalway.com I The Parties agree as follows: I 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, 9 P which shall be the date of mutual execution, and shall continue until the completion of the Work, but in ' any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform I the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. I 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those I services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 39 [2018] RFB ver. 5-18 CITY OF CITY HALL 33325 8th Avenue South Federal Nay Federal Way.WA 98003-6325 (253) 835-7000 ' www cityoffederalway Com (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall I begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non-complying performance, its substantiality or the ease of its discovery. 2.4 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. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block I of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. I4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to I exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that the "Unit Price"charged by it for its services contracted for herein shall remain locked at the "Bid Price" for the Term. Except as otherwise provided in Exhibit "B," 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 Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, any hourly labor charge rate for such personnel, and the original receipt/trip ticket for all solids/soil and liquid disposal. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 40 [2018] RFB ver. 5-18 CITY OF CITY HALL 33325 8th Avenue South .1. ...,„ Federal Way Federal Way.WA 98003-6325 ' (253)835-7000 wwwv crtyoffederalway corn the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this IAgreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 1 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City Ireserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable I to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to I complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. I 4.4 Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement 1 will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. I 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 4.6 Bond. Pursuant to RCW 39.08 and RCW 60.28, Contractor shall post a bond in favor of the City, in the form attached to this Agreement as Exhibit"C"and incorporated by this reference, in a 1 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; to insure payment of Contractor's state sales tax; and to guarantee Contractor's payment of all laborers, I mechanics, subcontractors and material persons. Contractor's obligations under this Agreement shall not be limited to the dollar amount of the bond. The bond shall not be released until the City has received all applicable documentation from the state and all outstanding claims filed pursuant to RCW ' 39.08 and RCW 60.28 have been resolved. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and g hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, I mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 41 [2018] RFB ver. 5-18 I CITY OF CITY HALL 33325 8th Avenue South 00.,...,,, Fed era I Way Federal Way.WA 98003-6325 (253) 835-7000 www cityoffederaiway corn except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for Idamages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub-contractor shall 1 agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's Iwork when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the I Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits I payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. I 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- I contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, I including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. I5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 1 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, I representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: I6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, I operations, independent contractors, products-completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general I aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 42 [2018] RFB ver. 5-18 CITY OF CITY HALL 33325 8th Avenue South Federal e ra l Way Federal Way.WA 98003-6325 '�... (253) 835-7000 www cityoffederaiway corn c. Automobile liabilityinsurance coveringall owned, non-owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under 9 q Washington State law per accident for bodily injury, including personal injury or death, and property damage. Ili 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "D" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such pY policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential to applicable laws. Breach of confidentiality 9 subjectPP by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents 9 which sufficiently and properly reflect all direct and indirect costs related to the performance of the I Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, Ithe State Auditor, or other governmental officials authorized by law to monitor this Agreement. City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 43 [2018] RFB ver. 5-18 I CITY OF CITY HALL 33325 8th Avenue South iiih. . . e era I Way Federal Way WA 98003-6325 (253) 835-7000 wwwc(tyoffederatway c0m 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. I10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be 1 neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is I 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. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees I 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. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the I contract work and shall utilize all protection necessary for that purpose. Contractor 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 I the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage I all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely Iresponsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage I 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, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 44 [2018] RFB ver. 5-18 I CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way.WA 98003-6325 (253) 835-7000 www citVoffederalway corn 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 current "prevailing rates of wage" are attached hereto as Exhibit "E" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Agreements Exceeding One Year. Pursuant to WAC 296-127-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 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'Agreement, 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. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by- the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to ' resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or Ievaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and I employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 45 [2018] RFB ver. 5-18 I 41111116. CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way WA 98003-6325 (253) 835-7000 www crtyoffederalwav corn 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. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit F. 1 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. j 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non-assigning party gives its consent to any assignment, I the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 1I I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 46 [2018] RFB ver. 5-18 t I CITY OF CITY HALL 33325 8th Avenue South ,..., .. Federal Way Federal Way.WA 98003-6325 (253) 835-7000 I www cityoffederalway corn 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City Icodes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may I be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. I Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided I for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise I any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon I occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If I the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties I agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, I Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in I addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. I13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an II original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof I hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 47 [2018] RFB ver. 5-18 I CITY OF CITY HALL 33325 8th Avenue South ''�.. Federal Way Federal Way.WA 98003-6325 (253) 835-7000 Iwww cityoffederalway corn upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. I [Signature page follows] I I I I I I I I 1 I I I I I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 48 [2018] RFB ver. 5-18 I I IIN WITNESS, the Parties execute this Agreement below, effective the last date written below. ICITY OF FEDERAL WAY: ATTEST: I 1 I By: 4 . \� „..., .._ Jim : el , layor S' 'ha ie Courtney, CMC, i Clerk IIDATE: , 711 3 I APPROVED AS TO FORM: //,#(4 Fi.-/,7 '/J. Ryan Call, City Attorney ACTION SERVICES CORPORATION: IP -• ame: Tony D. Sandefur Title: President IDATE: �, PJ At l 1 STATE OF WASHINGTON ) ss. 1 COUNTY OF K i±so-p -) On this day personally appeared before me Tony D. Sandefur, to me known to be the President of 111 Action Services Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that Ithe seal affixed, if any, is the corporate seal of said corporation. t,,t►mtY% official apd seal this /f+' day of d) ece lr��rlr��r , 20j . Notary's signature dog k -.� NOTARYPUBUC . °S., COMM.EXPIRES . _Notarys printed name ILc,^.h0-A.0 RG�,-,a. I s : SEPTloXPIR -Notary Public in and for the State of Washington. . My commission expires rt t of '9,0 ,0 i V''tOF WAS11,NG%NNNN City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 49 [2018] RFB ver. 5-18 1 EXHIBIT"A" 1 SERVICES 1. Description of Work: a. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary to provide cleaning, maintenance, and inspection services on City storm drain systems and disposal of decant liquid and collected solids/spoils with all waste to be disposed of at an approved, licensed disposal facility on a daily basis (except when the equipment waste tank is not full and the contractor will be continuing work for the city immediately the next day or services are performed outside of disposal facility hours), in a manner consistent with the accepted practices for other properly licensed contractor's Work, in accordance with and as described in Section 2-3 (pp. 18-19), 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 Public Works Director or his/her designee. b. Storm Drain Systems include Type I, Type 1L, and Type II catchbasins, manholes, 1 retention/detention (R/D) facilities, pipes, culverts, and any other infrastructure included as part of the City's municipal separate storm sewer system (MS4). c. Selected storm drain structures located along Pacific Highway South and major arterials within the City will be cleaned as well as selected catchbasins within specific groupings of catchbasins called circuits. Digital maps will be provided to the contractor identifying catchbasins to be cleaned. Additional structures requiring cleaning will be added over the course of the contract as they are identified. The 2019/2020 Circuit Maps are provided as Exhibit G. 2. Cleaning, Inspection, Disposal, and Decant Standards and Procedures a. When cleaning catchbasin and manhole structures, the Contractor shall first remove all debris from the bottom of the structure. It may then be necessary to flush down the sides of the structure with a high-pressure hose to remove all remaining debris. Any ' debris flushed off during this operation must be removed and not allowed to enter the incoming or outgoing storm drain lines. After cleaning the storm drain structure, the Contractor shall check to see if there is any damage to the storm drain system or blockages to the inflow or outflow storm drain lines. If the inflow or outflow storm drain lines are blocked or contain a significant amount of solids and require cleaning or is damaged, the Contractor shall report this information to the City, on the same day that was encountered, for future cleaning or repair. The contractor shall note any differences between the plans provided and the as-built condition on the form provided by the City. b. Storm drain lines and culverts shall only be cleaned upon verification of the need by the Contractor and authorization to proceed by the City. Typically cleaning will occur if debris covers more than 1/4 of the interior pipe height. Once authorized, the Contractor shall begin at the downstream (low end) storm drain structure or culvert end and 1 perform jet rodding from the low end to the upper end removing solids and debris from the storm drain line or culvert. This procedure should be continued until all of the solids and debris are removed from the storm drain line or culvert. Once the storm drain line or culvert is clear of all solids and debris, the deposited solids and debris shall be City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vector Services and Drainage Infrastructure Maintenance Page 50 [2018] RFB ver. 5-18 1 ' vacuumed from the storm drain structure sump or culvert end. The removal of the solids and debris from the storm drain structure sump or culvert end can, and often is, vacuumed at the same time the jet rodding is being performed. c. When tree roots are encountered in the storm drain line or culvert and cannot be cleared utilizing the jet rodding operation, the Contractor shall utilize standard root ' cutting equipment to clear the storm drain line or culvert. d. The Contractor shall follow all appropriate confined entry procedures before entering any underground Retention/Detention (R/D) Facilities. Due to the various types and ' configurations of underground R/D facilities, the Contractor will be responsible to develop a maintenance plan and procedures list for cleaning R/D Facilities on a case-by- case basis. The City will provide to the extent possible R/D facility plans and records to ' assist the Contractor in developing a maintenance plan and procedures list. e. The Contractor shall deliver solids/spoils waste generated by the vacuum/jet rodding operation to a disposal site approved by, and in compliance with, the disposal requirements of the Washington State Department of Ecology and any other federal, State, or local agency or department with jurisdiction. f. The Contractor shall deliver liquid decant waste generated by the vacuum/jet rodding 1 operation to a disposal site approved by, and in compliance with, the disposal requirements of the Washington State Department of Ecology and any other federal, state, or local agency or department with jurisdiction. 1 g. In the event, during normal drainage infrastructure cleaning or vacuum/jet rodding operation, the Contractor encounters/collects hazardous liquid decant and/or hazardous solids/spoils wastes, or other waste not usually encountered during the cleaning of storm water drainage infrastructure, the Contractor shall immediately notify the SWM Maintenance Supervisor or his designee and it shall be noted within the daily log the time/date and name for the notification and who it was reported to. Notification must be made prior to proper disposal and all expenses related to the ' disposal of hazardous liquid decant and/or hazardous solids/spoils, and hazardous material disposal will be tracked and all invoices/receipts will be provided at time of invoicing. NOTE: The City maintains a separate contract for the identification and disposal of hazardous liquids and/or hazardous solids/spoils/waste and it is not the intent of this contract to provide those services. However, the City acknowledges Contractor may encounter hazardous liquids and/or hazardous solids/spoils, and hazardous material during catch basin cleaning. ' 3. Traffic Control: a. The Contractor shall provide traffic control for services related to unit price items No. 1, Cleaning of Type I and Type IL Catchbasins, and No. 2, Cleaning of Type II Catchbasins ' and Manholes 48" or greater. Traffic control will not be paid separately and should be included within the unit price items for No. 1 and No. 2. The City of Federal Way requires adherence to Washington State Department of Transportation Standard Plans ' and the U. S. Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Control Devices MUTCD) for Streets and Highways. See the U. S. Department of Transportation Federal Highway Administration's MUTCD Part 6, Chapter ' 6H, Typical Applications, for greater detail. City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 51 [2018] RFB ver. 5-18 1 b. The City of Federal Way will provide Traffic Control, in accordance with regulatory requirements, for services related to hourly items No. 3, 4, 5, and 6. The contractor shall ' provide two working days advance notification to the SWM Maintenance Supervisor or his/her designee. c. The City of Federal Way will also require a Right-of-Way Permit which will be provided by the City at no charge. d. Contractor trucks shall be equipped with a sequential arrow board when working in multi-lane roads. ' 4. Response Times: a. For all customary maintenance Services, Contractor agrees to respond and perform such ' Services within twenty-four (24) hours from receiving telephone notice from the City to proceed. b. In the event of an emergency, as determined by the City, Contractor agrees to respond ' and perform such Services within two (2) hours of receiving telephone notice from the City to proceed. ' 5. Reports/Records/Logs: a. The Contractor shall maintain accurate records of the Services performed on the storm drain system and of the sites utilized for disposal of the collected liquid wastewater and ' solid materials on a Microsoft Excel spreadsheet, an example is attached hereto as Appendix A (Storm Cleaning Daily Log) and incorporated herein by this reference. At a minimum, these records shall show the number of storm drain structures cleaned, their ' associated inventory I.D. number (if known), linear feet, and hours required to clean storm drain lines/culverts, hours required to clean underground R/ D facilities, dates and times of disposal, total tonnage of solid material and gallons of liquid wastewater per 1 load, total tonnage and gallons per day, name and location of the disposal sites used, and the name of the street or storm drainage system where the Services were performed. ' b. The Contractor shall provide documentation (e.g., scale tickets/trip tickets/receipts) of disposal of all waste products to the City prior to receiving payment for said disposal. c. The Contractor shall produce a written report for each day worked and email report at ' least once a week to the SWM Maintenance Supervisor. Reports shall provide the information required in the preceding sentence and in Appendix A. Work will not be considered complete without submission of all required reports/records/logs. Reports/records/logs must be up to date and submitted prior to receiving payment for ' completed work. d. Whenever the vector waste tank is not empty upon arriving to perform services; before commencing work, the contractor shall list the amount, type and source of pre-existing ' waste material in the Storm Cleaning Daily Log and provide record keeping documentation to verify that the City was not charged for disposing of said pre-existing material. e. Emergency/Special vacuum/jet rodding services must show the name of the person requesting the service as well as the date and time of the request. City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 52 [2018] RFB ver. 5-18 I 1 6. Incidental Costs: a. The Contractor shall be responsible for obtaining and paying for any water used in ' connection with the Services, and all other incidental costs. 7. Employees: a. Vacuum truck driver/operator must possess a valid CDL class"A" license. b. The City requires the Contractor to perform services and complete tasks in a timely manner. How this is accomplished is up to the Contractor. All of Contractor's employees and agents who participate in the performance of the Services shall be competent and skilled in the performance of such work. It is expected that certain tasks will require more employees than others, based on safety and traffic control regulations, and the ' Contractor agrees to provide an adequate number of such employees in order to provide the Services. c. Contractor shall require all employees to be courteous at all times to the public, to ' perform their work as quietly as possible and to be neat in appearance. 8. Equipment: a. The equipment required for performance of this Contract shall be standard vacuum/jet rodding trucks that operate on the vacuum principle for the removal of solids and must have sufficient 1" minimum inlet diameter hose with water pressure and capability of jet ' rodding storm drain lines and culverts and removing solids/debris in a single operation for a distance of at least 400 feet from said equipment. Trucks shall not be more than five (5) years old during the contract term, and shall have a 10 cubic yard minimum solid waste capacity and a 750 gallon minimum fresh water capacity, and a 2,000 psi/60 GPM minimum pump capacity. At a minimum the following jet cleaning nozzle types shall be provided: Standard forward facing jet; rotating chain flail head and root cutters in at least 8" thru 18" sizes; and 1" inlet diameter rotating multi-nozzle head. b. All equipment shall be maintained in good working condition and repair, operating at the original manufacturer's specifications, and equipped with proper warning lights. The acceptability of Contractor's vacuum/jet rodding trucks for the City's needs under this Contract shall be subject to the approval or disapproval of the Public Works Director or his/her designee. ' c. Vacuum/jet rodding vehicles shall be numbered and shall have the Contractor's name, and vehicle number painted on each side and on the back of each vehicle. Lettering and numbers shall be legible and readable by passing motorists or pedestrians. d. No advertising shall be permitted other than the name of the Contractor. ' 9. General Contract Administration: a. Responsible management or supervisory persons shall be accessible at or through the ' Contractor's main office, during normal business hours, so as to assure the required performance under the Contract, to respond to billing or service inquiries by the City's contract administrator or for other information necessary to execution of the contract. b. The Contractor will provide a designated point of contact for emergency response, in the event of an accident or other non-routine operational matters. I 1 City of Federal Way RFB # 18-011 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 53 [2018] RFB ver. 5-18 1 I Ic. Each party agrees to designate a key employee who will be the responsible contact person for that party with respect to implementation of the Contract and communication I of information necessary for the performance of the Contract. d. The Contractor shall be obligated to protect all public and private utilities from damage, including all water, sewer, gas, steam or other conduits, all hydrants and all other I property that may become damaged by the Services. If the Contractor damages, destroys, or interferes with the use of such utility facility, the Contractor shall restore it to the original condition. 10. Completion Date: The Work shall be performed no earlier than January 1, 2019 and will be for a period of twenty four (24) months to December 31, 2020 unless the Contract is terminated I earlier by the City. In the event any of the Services are not completed within the time specified by the City, Contractor agrees to pay to the City liquidated damages in the amount set forth below. 1 11. Liquidated Damages: Time is of the essence of the Agreement and each and all of its provisions in which performance is a factor. Delays inconvenience the public and cost taxpayers undue I sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to I 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 I2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. ILIQUIDATED DAMAGES FORMULA LD = O. 15C T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). ' C = Original Contract amount. T= Original time for completion. I 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. I 12. Amendments: 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 IWork. All such changes shall be in the form of the Contract Amendment and shall be signed by City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 54 [2018] RFB ver. 5-18 I I 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 I Contractor as a result of such change in the Work. Verbal amendments shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any I part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. I If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement I 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 I require determining if the claims and costs have merit. No claim will be allowed for any costs incurred more than five ( 5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. I 13. 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 I 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 I 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. I14. 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. 1 Contractor shall be responsible for compliance with Chapter 19. 122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 15.Air Environment: Contractor shall fully cover any and all loads of loose construction materials Iincluding 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. I I I City of Federal Way RFB # 18-011 ' 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 55 [2018] RFB ver. 5-18 I EXHIBIT"B" ' COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total I amount not to exceed Two Hundred Eighteen Thousand Five Hundred Ninety-Two and 00/100 Dollars ($218,592.00). I Contractor Responsible for Taxes: The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 1 2. Method of Compensation: I In consideration of the Contractor performing the Services, the City agrees to pay the Contractor for unit price bid items No 1 through 4 as follows: Item No. 1: "Cleaning Type I or Type 11 Storm Catchbasins" The sum of THIRTY-THREE and 95/100 Dollars ($33.95), per each. ' Item No. 2: "Cleaning Type II Catchbasins or Manholes 48"or greater" ' The sum of FORTY-FOUR and 50/100 Dollars ($44.50), per each. NOTE: While performing work on all of the above per `EACH" items - no hourly payment will be made Ifor travel time to or from waste disposal sites or to or from fresh water tank refilling sites. Payment for EACH" items shall include all incidental costs in connection with performing these services. ' Item No. 3: "Cleaning of Underground Retention/Detention Facilities" The sum of ONE HUNDRED EIGHTY and 00/100 Dollars ($180.00), per hour. Item No. 4: "Jet Rodding/Pipe Cleaning/Culvert Cleaning" 9 P 9 9 The sum of ONE HUNDRED EIGHTY-FIVE and 00/100 Dollars ($185.00), per hour. Item No. 5: "Hydro-excavating" 1 The sum of ONE HUNDRED EIGHTY-FIVE and 00/100 Dollars ($185.00), per hour. ' Item No. 6: "Emergency Callout" The sum of ONE HUNDRED NINETY-FOUR and 00/100 Dollars ($194.00), per hour. City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 56 [2018] RFB ver. 5-18 NOTE - Payment for all of the above hourly rate items shall exclude costs for ROW permit fees and backfilling of potholes buried lids or excavation areas. Payment shall include all ' other incidental costs associated with performing these Services. While performing vactor work on per "HOUR" items - hourly payment will be made for travel time to or from waste disposal sites and to or from fresh water tank refilling sites as needed to accomplish the work. Travel time will not be paid to or from company office, equipment yard or other'home' base and to or from the work site. While performing Emergency response services - hourly payment will be made from the point where the truck responded to a call not to exceed 1 hour of travel time to one hour after the truck leaves the work site. When responding to an emergency callout outside the normal operating hours of waste disposal facilities, and waste cannot be disposed of, or does not need to be disposed of after hours, payment for travel time to dispose of waste ' during normal business hours shall be made at the standard hourly rates. Item No. 7: "Disposal of Vacuumed Solids/Spoils" ' The sum of NINETY-THREE and 50/100 Dollars ($93.50), per ton. NOTE- Payment for Items No. 7 "Disposal of Vacuumed Solids/Spoils"—Weight after decant of liquids. Item No. : "Disposal sposal of Liquid Decant" ' The sum of 30/100 Dollars ($.30), per gallon. NOTE- Payment for Items No. 7 "Disposal of Vacuumed Solids/Spoils" and No. 8 "Disposal of Liquid ' Decant" shall include all permits and all other incidental costs associated with performing these Services. ' Reimbursable Expenses: The actual expenses incurred by Contractor in performing disposal of hazardous liquids and/or ' hazardous solids/spoils or hazardous material; provided, however, that notification in accordance with Exhibit A, Section 2.g (pg. 48) is provided and that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Ten Thousand and 00/100 Dollars ' ($10,000). 1 City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 57 [2018] RFB ver. 5-18 1 r I EXHIBIT"C" Bond No. BD 761869 ' CITY OF FEDERAL WAY PERFORMANCE/PAYMENT/RETAINAGE BOND IKNOW ALL PEOPLE.BY THESE PRESENTS: We, the undersigned Action Services Corporation, ("Principal")and Nationwide Mutual insurance I company the undersigned corporation organized and existing under the laws of the State of Ohio and legally doing business`in the State of Washington as a surety("Surety"), are held and firmlybonded unto the City Federal Way, a Washington municipal corporation ration ("City")in the penal sum ofT—Nodiedw, .i^ TMs ^ °M^ert.000an Dollars and no/100 ($ 218,592,00 for the payment of which we firmly bind ourselves lves and our legal representatives, heirs, successors and assigns,Jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the I ordinances, regulations, standards and policies of the City, as now existing or hereafter Iamended or adopted. .. .. . .The Principal has entered into an Agreement with the City dated December 18 20 for _. 2019/20 SWM Vector Services and Drainage INOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as I may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall pay all applicable state sales tax, and shall hold the City, its officials, agents, employees and volunteers harmless from I any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of Ifailure of performance asspecified 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. I n agrees that no change, And the Surety, for value received, herebyfurther stipulates and ees P 9 g , 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 I obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. I I City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) Vector Services and Drainage Infrastructure Maintenance Page 58 [2018] RFB ver.5-18 1 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 111 increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent(25%) of the original amount of this bond without the consent of Ithe Surety. Within forty-five (45) days of receiving notice that the Principalhas defaulted on all or part of I 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 I 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, I 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, Iwithout 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 I 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 I completion of the mediation. • DATED this day of December , 20 , 111 City of Federal Way RFB# 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 59 [2018] RF'B'ver.5-18 II I CORPORATE SEAL OF PRINCIPAL: ACTION SERVICES CORPORATION I r.y; ..,w.. , ,(Ne of Person Executing Bond) 1.°C tON '"E' ..� Ii s: President . _. . (Title) f lt,,l , . M, "" Pd Box 4339 Bremerton,WA 98312 ., `z (Address) I360-373-4265 (Phone) ICERTIFICATE.JkS TO CORPORATE EA II I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal In the within bond; that Tony Sandefur , who signed the said bond on behalf of the Principal,was President of the said Corporation; that I know his or her I 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. I `-- Secre�r ry or Assistant Secretary I I I I City of Federal Way RFs# 18-011 I 2019/2020 Surface Water Management(SWM) Vector Services and Drainage Infrastructure Maintenance Page 60 (2018] RFB ver.5-18 I CORPORATE SEAL OF SURETY: SURETY .. • de Mutual Insurance Company I r�' 'i B y' 1/.r :. f A. -Fact 1 (Attach 'ower of Attorney) Mary L.Faure' '' ; I (Name of Person Executing Bond). 3425 Broadway IEverett,WA 98201 (Address) I 425-258-2300 . (Phone) APPROVED AS TO FORM: -ra .• Ryan Call,City;Attorney I I I City of Federal Way RFB# 18-011 2019/2020 Surface Water Management(SWM) III Vector Services and Drainage Infrastructure Maintenance Page 61 (2018) RFB ver.5-18 . I If_.. _... I I Power of Attorney KNOW AU.MEN UV THESE PRESENTS THAT' I Nat:onwlde Mutual Insurance Company,an Ohio corporation AMCO insurance Company,an Iowa corporation Natural Casualty Cottpany,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa Corporation heheiaeher referred to severally as the'Company'and collet i eiy as Yea Companies"does hereby make,constitute end appoint: MARY L.FAURE I TACOMA WA each 14 their Individuei r+pacfty,Ka taw end lawful aafornetilrtacf,with Mi gownand authority to skin,seal,and cameo on Hs behalf any and al bonds and I undk31Mkings,and other obiigalory i tstnsrCnb of shear nature,in paroles not exccodkng the sum of THREE MILLION AND NOjt0O DOLLARS S ms's and to bind the Company thereby,as fully and to the same extent as If such instruments wore signed by the duty authorized officers of 11wConpany,and el acts of said Attorney pursuant to the authority given are hereby relined arid confirmed.' This power of attorney Is made and executed pursuant to end by authortty of the following'winter'duly adopted by the board of directors of the Compeny: 'RESOLVED,that the president,or any vice president be,end each booby is,authorized and empowered ID appoint attorneys-In-lad of the Company. and to authorize them to execute and deliver cm behalf of the Company any and at bonds,toren,apptostons,fnernarandume,undetakNhgs, r cognlxances,transfers.contracts of Indemnity,polies,contracts guaranteeing the fidelity of parsons holding positions of public or private trust,and other I writings obligatory in nature that the business of the Company may meting and to modify or revoke.with or without cause,any such appointment or authority:provided,however,that the authority granted hereby shat in no way anti!the authority of other duly authorized agents to sign and ccurrtasipn any of said docaanenis on behaif of the Company `RESOLVED FURTHER,that such attorneys-in-fact shat have full power and authority to eremite and deliver any arid at such decametres end to bind Int I Company subject to the terms end limitations of the power at attorney Issued to them,and to affix to seal of the Company thereto;provided, said seal shall not be necessary for the validly of any such documents' This power of attorney is signed end sealed under and by the following bylaws duly edopled by the board of&octets of the Company. I geocentric;instnanante.Any vice president,any assistant secretary or arty assistant treasurer shut have the power end authority to sign or attest alt approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive afloat,president,treasurer or secretary;provided,however•the signature of any of them may be printed.engraved,or stamped on any approved document,contract.instrument.or other papers of the Company. I IN WITNESS WHEREOF,the Company has caused this'testament to sealed nd duty attested by the armature of la°beer the 16th day of 6 I .tf e'g :tri qlo ►rrll Antonio C.Albanese,Vice President of Nationwide Mutual Insurance Company,-National j1 ti �v1 d!!a!r ., Casuety Company,A6v1C0 ailed insurance Company, d Property end Casualty insurance Company !� oa+w4r 'a ((SEM) r � ACKNOWLEDGMENT 0.,5]E#LL ( SEALie� .,.....„...‘i..... de:'' r STATE OF NEW YORK,COUNTY OF NEW YORK:as I ��ow�eearI 4iiii a4v'd OP On this 1010 day of February , 2017 ,beton me came the above named officer ler the �'� �r Company aforesaid,fame personally known to be the officer described in and who executed the �,�� preceding kWnament,and he ecknoMedged the execution of the same,and being trycue duly fy I►suwo► ,A sworn,deposes end says,that he is the onicor of the Company aforesaid,gat the seal affixed � `'1 0080; hereto is the caporals seal of said Company,and the said corporate sed and his signature ware I .:07 ISI WI(S•FAI.� 0 duly affixed and subscribed to said Instrument the authority and direction of said Company. if tIAnRYT,tiASSIS !n ° �/ w,,, `s NaWyPWrk8WsorNew Toot {��/ ej , — N4+� ; � No,Cy0AMM400 t Pubic, bealb," Duetted*New Tort county r coral aihn Expires Aper Jl.=le Mrtae Ceiriw nem CERTIFICATE 1,Pang H.Shah,Assailant Secretary of the Company,do hereby rarefy that the foregoing is a lull,true and cermet copy of the original pommel attorney issued by the Company;that the resolution Included therein is a true*rid coned treneplyt from the minutes of the meetings Of the bonds of directors and the same has I not bean revoked or emended in any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected officer of the Company.aid the corporate seal and his signature as Water were duty atbied End subscribed to the said instrument by the authority of said board of dine orn and the kregoing power of attorney is slit In full force end effect. IN WITNESS WHEREOF,I have hereunto subscribed my name as Aeebtant.Secretary.and stead the cu? Company this 6th day of December . 2418 , I 130,2019 This power of attorney expinea. Assistant Secretary 1301 101-17A1 I 30770 I _., . EXHIBIT "C" Bond No. BD 761869 CITY OF FEDERAL WAY PERFORMANCE/PAYMENT/RETAINAGE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Action Services Corporation, ("Principal") and Nationwide Mutual Insurance Company the undersigned corporation organized and existing under the laws of the State of Ohio and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Two hundred eighteen thousand five hundred ninety two dollars Dollars and no/100 ($ 218,592.00 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated December I , 20 18 for 2019/20 SWM Vactor Services and Drainage NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall pay all applicable state sales tax, and shall hold the City, its officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 58 [2018] RFB ver. 5-18 The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. 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. DATED this 6th day of December , 20 18 City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 59 [2018] RFB ver. 5-18 CORPORATE SEAL OF PRINCIPAL: ACTION SERVICES CORPORATION (1Vam�o Person Executing :: • Its: Pc es ► a e v`-\-' (Title) PO Box 4339 Bremerton,WA 98312 (Address) 360-373-4265 (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that ny S<<k , who signed the said bond on behalf of the Principal, was Pc e s e Y- \ 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. Secreta or Assis a Secretary City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 60 [2018] RFB ver. 5-18 • CORPORATE SEAL OF SURETY: SURETY • ide Mutual Insurance Company �-� HCE COP1� By: o Q.1 ... ' p %, Attorrxey-r-Fact �� /�� (Attach Power of Attorney]Z m`= • Mary L. Faure' % ��•. L.,- (Name (Name of Person Executing'wra ) V�p�'��`�`° �rrN11N111►t► SO 3425 Broadway 4061 Everett,WA 98201 (Address) . 425-258-2300 (Phone) APPROVED AS TO FORM: 3. Ryan Call, City Attorney City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 61 [2018] RFB ver. 5-18 Power of Attorney KNOW AU.MEN BY THESE PRESENTS THAT Nat onwide Mutual Insurance Company,an Ohio corporation AMCO Insurance Company,an Iowa corporation Nat onal Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an owa corporation hereinafter referred to severally as the'Company'and collectively as'the Companies'does hereby make,constitute and appoint MARY L.FAURE TACOMA WA each in their individual capacity,its true and lawful attorney-In-fact,with full power and authority to sign,scat,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in pane ties not exceeding the sum of THREE MILLION AND NO/100 DOLLARS S 3,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company,and all acts of said Attorney pursuant to the authority given are hereby ratified end confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED,that the president,or any vice president be,and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory in nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authonty,provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." 'RESOLVED FURTHER,that such attorneys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney Issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents' This power of attorney is signed end sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments.Any vice president,any assistant secretary or any assistant treasurer shall have the power and authority to signor attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer,president,treasurer or secretary;provided,however-the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. IN WITNESS WHEREOF,the Company has caused this instrument to a sealed nd duly attested by the signature of its officer the 16th day al February 2017 -, ♦111� ��� Antonio C.Albanese. Vice President of Nationwide Mutual Insurance Company, National "'•'rr, ""`r Casualty Company.AMCO Insurance Company,Allied Property and Casualty Insurance Company OT. �=� � � �� ��/ AGKNOWl.EOGMEtdT ,:SEAL:, /,,:SEAL;. / STATE OF NEW YORK,COUNTY OF NEW YORK:ss ,, I �,`�� On this 16th day of February , 2017 ,before me came the above-named officer for the Company aforesaid,to me personally known to be the officer described in and who executed the Casnalt ♦w� preceding instrument,and he acknowledged the execution of the same,and being by me duly Y ♦sWw!rr.,, sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed of la / 4 hereto is the corporate seal of said Company,and the said corporate seal and his signature were �, IMt 0 ' , duly affixed and subscribed to said instrument y the authority and direction of said Company. 1JVY • 0,1SEAL t3ARRYT BASS'S / t / 49.'-‘.'12 /r V * SFa1l * � :•., ��' Notary Public,Stale of New York t'/.coo, ,a�A7iFi. ..' No C2EtA46.56400 Aftir o..te.' ,lige. Qualified in New York County Notary Public Commission Expires April 30,2019 My commission Exp'res CERTIFICATE Apr1130,2019 I,Panty H.Shah,Assistant Secretary of the Company,do hereby certify that the fore ing is a full,true and correct copy of the original power of attorney issued by the Company;that the resolution included therein is a true and correct h ljtt ro't'e minutes of the meetings of the boards of directors and the same has e execution of the foregoing power of attorneythe dulyelected not been revoked or amended in any manner,that said Antonio C.A�a� �.., • i� 4 � 9 officer of the Company,end the corporate seal and his signature as of .�irr?F'•• "� ,Sybscnbed to the said instrument by the authority of said board of directors;and the foregoing power of attorney is stir in full force a . a.,w IN WITNESS WHEREOF,I have hereunto subscribed my name a •' • r ;td.affixed e corpora . • :id Company this 6th day of December 2018 _=• `• rj*_ ++I This power of attorney expires.April 30, 2019 ' '.fe e,, ,,j,..... •. ��4.:� Assistant Secretary BDJ 1(01-17)00 �i y[j/ S' �' ����f'Uilp h ill \0 � 30770 '�RETY kis ' EXHIBIT"D" Insert Contractor's Certificate of Insurance City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 62 [2018] RFB ver. 5-18 A� CERTIFICATE OF LIABILITY INSURANCE DATE(MMroomm) 4/13/2018 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(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christina Fenimore NAME: 11Leavitt Group Northwest (A/c°.No.Ex* (800)726-8771 FAX No):(866)728-9168 PO Box 65770 EMAIL christina-fenimore@leavitt.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# University Place II WA 98464 INSURERAAmerican Fire & Casualty Company 24066 INSURED INSURER B:West American Insurance Company 44393 Action Services Corporation INSURERC:Ohio Casualty Insurance Company 024074 P 0 BOX 4339 INSURERD: I WA 98312 INSURER E: BremertonINSURERF: COVERAGES CERTIFICATE NUMBER:18-19 MASTER 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 ADDL SUER POLICY EFF i POLICY EXP LTR TYPE OF INSURANCE INRD WVD POLICY NUMBER (MM/DD/YYYYI{(MM/MYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED1,000,000 II A CLAIMS-MADE l XJ OCCUR PREMISES(Ea occurrence) $ X Y BKA57156818 4/12/2018 4/12/2019 MED EXP(Any one person) $ 15,000 ' PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jEC7 LOC X PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: Pesticide $ Included .AUTOMOBILE UABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) B _ - ANY AUTO BODILY INJURY(Per person) $ — X ALL OWNEDX SCHEDULED BAS56455795 4/12/2018 4/12/2019 BODILY INJURY(Per accident) $ AUTOS XAUTOS W NON-ONED PROPERTY DAMAGE $ X HIRED AUTOS ....._.__ AUTOS J.Per accident___ _ Underinsured motorist $ 1,000,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5X000,000 C __ EXCESS LIAB �--jl CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 US054700529 4/12/2018 4/12/2019 $ WORKERS COMPENSATION STATUTE X OERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ' A (Mandatory in NH) BK4/12/2018 4/12/2019 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 If yes,describe under A57156818 BK Sta DESCRIPTION OF OPERATIONS below P Gap E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Equipment Floater BKA57156818 4/12/2018 4/12/2019 Leased&Rented $25,000 Deductible: $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mom space is required) RE: Evidence of Insurance City of Federal Way is listed as additional insured per attached CG8810 04/13. I CERTIFICATE HOLDER CANCELLATION fSHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ' City of Federal Way 33325 8th Ave South THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way, WA 98003-6325 AUTHORIZED REPRESENTATIVE I/ D E. Olson/CAFLEC 7.- .4.04..4-- ,+ ,,�,le_' t C om-`""" ©1988-2014 ACORD CORPORATION. All rights reserved. I ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2oi4o1) ICOMMERCIAL AUTO CA88100110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT I This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I____ With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. I___ COVERAGE INDEX SUBJECT PROVISION NUMBER 1111ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 _..._.............. nom ACCIDENTAL AIRBAG DEPLOYMENT 12 ' AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 iiiii AMENDED FELLOW EMPLOYEE EXCLUSION 5 r ,....„...,. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 ......... BROAD FORM INSURED 1 I BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 I EXTRA EXPENSE- BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 I PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 I UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II-LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED o SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: I (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. I Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which youown more than percent voting stock. This automatic coverage is afforded onlyfor 50 a ce t of the of s oc g p 9 I 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: 1 I (1) If there is similar insurance or a self-insured retention plan available to that organization; '2010 Liberty Mutual Insurance Company.AU rights reserved. I CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 1 of 7 1 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS 111SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. gg SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or 1 c+2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 I I b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: I A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or I (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. MDMEEM B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will 46, minis provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the ® hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an mom actual financial loss. E. This coverage extension does not apply to: weameor (1) Any "auto" that is hired, rented or borrowed with a driver; or I- (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual Icash value. 7. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition I of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered ' "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. lb. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" ,we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. IHowever, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE I Paragraph A.4.a., Coverage Extension of SECTION III - PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 I I I I 41')2010 Liberty Mutual Insurance Company.All rights reserved. I CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE,A. COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we alsopaY a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. 1. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal , effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III -PHYSICAL DAMAGE COVERAGE,A. COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that 111"auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE ' SECTION III - PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 1 X2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 4 of 7 I I Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the ' covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the loss occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE ' A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is nommire amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 11111111111111110 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: mom a. Overdue payments and financial penalties associated with those payments as of the ', mnsmoonompor date of the "loss", Q —i b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- ', normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, Id. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", I f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, I h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", I i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". I An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS I This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. ® C. SECTION V-DEFINTIONS is changed by adding the following: IAs used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. IA "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. I II ('2010 Liberty Mutual Insurance Company.All rights reserved. Permission. Pae 5 of 7 CA$$ 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its I 9 1 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; g 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery I Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. Q02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 6 of 7 1 ' 20. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: ' f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: I meme ea on 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C.is replaced by the following: i mow "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental ..........:........................ anguish, mental injury, shock, fright or death resulting from any of these at any time. num MESIMINe COMMMON POLICY CONDITIONS OMEN 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- "".... lows: ' If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. 1 1 i 1 41>2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 U II I EXHIBIT"E" I PREVAILING WAGE RATES AND BENEFIT CODE KEY State of Washington Department of Labor &Industries I 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 I total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 9/17/2018 County Trade Job Classification Wage Holiday Overtime Notes King Asbestos Abatement Workers Journey Level $46.57 5D 1H King Boilermakers Journey Level $66.54 5N 1C IKing Brick Mason Journey Level $57.32 5A 1M King Brick Mason Pointer-Caulker-Cleaner $57.32 5A 1M King Building Service Employees Janitor $24.63 55 2F I Traveling King Building Service Employees Waxer/Shampooer $25.08 55 2F Window Cleaner (Non- , King Building Service Employees Scaffold) $28.13 55 2F King Building Service Employees Window Cleaner(Scaffold) $29.03 5S 2F King Cabinet Makers(In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $60.04 5D 4C Bridge, Dock And Wharf King Carpenters Carpenters $60.04 5D 4C King Carpenters Carpenter $60.04 5D 4C Carpenters on Stationary King Carpenters Tools $60.17 5D 4C King Carpenters Creosoted Material $60.14 SD 4C I King Carpenters Floor Finisher $60.04 5D 4C King Carpenters Floor Layer $60.04 5D 4C King Carpenters Scaffold Erector $60.04 5D 4C King Cement Masons Journey Level $60.07 7A 1M Bell/Vehicle or Submersible Operator(Not King Divers&Tenders Under Pressure) $113.60 5D 4C I King Divers&Tenders Dive Supervisor/Master $76.33 5D 4C King Divers&Tenders _ Diver $113.60 5D 4C 8V King Divers&Tenders Diver On Standby $71.33 5D 4C t King Divers&Tenders Diver Tender $64.71 5D 4C King Divers&Tenders Manifold Operator $64.71 5D 4C Manifold Operator Mixed ' King Divers&Tenders Gas $69.71 5D 4C City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 63 [2018] RFB ver. 5-18 1 IRemote Operated Vehicle King Divers&Tenders Operator/Technician $64.71 5D 4C I Remote Operated Vehicle King Divers&Tenders Tender $60.29 5A 4C King Dredge Workers Assistant Engineer $56.44 5D 3F King Dredge Workers Assistant Mate(Deckhand) $56.00 5D 3F I King Dredge Workers Boatmen $56.44 5D 3F King Dredge Workers Engineer Welder $57.51 5D 3F King Dredge Workers Leverman,Hydraulic $58.67 5D 3F I King Dredge Workers Mates $56.44 SD 3F King Dredge Workers Oiler $56.00 5D 3F King Drywall Applicator Journey Level $58.48 5D 1H I King Drywall Tapers Journey Level $59.32 5P 1E Electrical Fixture Maintenance King Workers Journey Level $28.99 5L 1E King Electricians-Inside Cable Splicer $77.51 7C 4E I King Electricians-Inside Cable Splicer(tunnel) $82.84 7C 4E King Electricians Inside Certified Welder $74.90 7C 4E King Electricians-Inside Certified Welder(tunnel) $80.37 7C 4E I King Electricians-Inside Construction Stock Person $39.69 7C 4E King Electricians Inside Journey Level $72.30 7C 4E King Electricians-Inside Journey Level(tunnel) $77.51 7C 4E IKing Electricians-Motor Shop Journey Level $45.08 5A 1B King Electricians-Powerline Construction Cable Splicer $79.43 5A 4D King Electricians-Powerline Construction Certified Line Welder $69.75 5A 4D King Electricians Powerline Construction Groundperson $46.28 5A 4D I Heavy Line Equipment King Electricians-Powerline Construction _ Operator $69.75 5A 4D King Electricians-Powerline Construction _Journey Level Lineperson $69.75 5A 4D I King Electricians-Powerline Construction Line Equipment Operator $59.01 5A 4D King Electricians-Powerline Construction Meter Installer $46.28 5A 4D 8W King Electricians-Powerline Construction Pole Sprayer $69.75 5A 4D I King Electricians-Powerline Construction 5A Powderperson p $52.204D King Electronic Technicians Journey Level $48.06 7E 1E King Elevator Constructors Mechanic $91.24 7D 4A I King Elevator Constructors Mechanic In Charge $98.51 7D 4A All Classifications - In- King Fabricated Precast Concrete Products Factory Work Only $17.72 5B 1R I King Fence Erectors Fence Erector $41.45 7A 31 King Fence Erectors Fence Laborer $41.45 7A 31 King Flaggers Journey Level $41.45 7A 31 I King Glaziers Journey Level $63.06 7L 1Y Heat&Frost Insulators And Asbestos King Workers Journeyman $73.58 5J 4H King Heating Equipment Mechanics Journey Level $82.51 7F 1E I King Hod Carriers&Mason Tenders Journey Level $50.42 7A 31 King Industrial Power Vacuum Cleaner Journey Level $11.50 1 King Inland Boatmen Boat Operator $61.41 5B 1K I King Inland Boatmen Cook $56.48 5B 1K City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 64 [2018] RFB ver. 5-18 I I King Inland Boatmen _ Deckhand $57.48 5B 1K King Inland Boatmen Deckhand Engineer $58.81 5B 11( King Inland Boatmen Launch Operator $58.89 5B 1K I King Inland Boatmen Mate $57.31 5B 1K Inspection/Cleaning/Sealing Of Sewer Cleaner Operator, Foamer King &Water Systems By Remote Control Operator $31.49 1 IInspection/Cleaning/Sealing Of Sewer King &Water Systems By Remote Control Grout Truck Operator $11.50 1 Inspection/Cleaning/Sealing Of Sewer I King &Water Systems By Remote Control Head Operator $24.91 1 Inspection/Cleaning/Sealing Of Sewer King &Water Systems By Remote Control Technician $19.33 1 Inspection/Cleaning/Sealing Of Sewer King &Water Systems By Remote Control Tv Truck Operator $20.45 1 King Insulation Applicators Journey Level $60.04 5D 4C King Ironworkers Journeyman $69.28 7N 10 Air, Gas Or Electric King Laborers Vibrating Screed $48.90 7A 31 King Laborers Airtrac Drill Operator $50.42 7A 31 I King Laborers Ballast Regular Machine $48.90 7A 31 King Laborers Batch Weighman $41.45 7A 31 King Laborers Brick Pavers $48.90 7A 31 I King Laborers Brush Cutter $48.90 7A 31 King Laborers Brush Hog Feeder $48.90 7A 31 King Laborers Burner $48.90 7A 31 I King Laborers Caisson Worker $50.42 7A 31 King Laborers Carpenter Tender $48.90 7A 31 King Laborers Caulker $48.90 7A 31 I King Laborers Cement Dumper-paving $49.81 7A 31 King Laborers Cement Finisher Tender $48.90 7A 31 Change House Or Dry King Laborers Shack $48.90 7A 31 I Chipping Gun (under 30 King Laborers _ Lbs.) $48.90 7A 31 Chipping Gun(30 Lbs. And I King Laborers Over) $49.81 7A 31 King Laborers Choker Setter $48.90 7A 31 King Laborers Chuck Tender $48.90 7A 31 I King Laborers Clary Power Spreader $49.81 7A 31 King Laborers Clean-up Laborer $48.90 7A 31 Concrete Dumper/chute King Laborers Operator $49.81 7A 31 I King Laborers Concrete Form Stripper $48.90 7A 31 King Laborers Concrete Placement Crew $49.81 7A 31 Concrete Saw I King King Laborers Operator/core Driller $49.81 $41.45 7A 31 Laborers Crusher Feeder 7A 31 King Laborers Curing Laborer $48.90 7A 31 I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 65 [2018] RFB ver. 5-18 I 1 Demolition: Wrecking & Moving (incl. Charred 1 King Laborers Material) $48.90 7A 31 King Laborers Ditch Digger $48.90 7A 31 King Laborers Diver $50.42 7A 31 Drill Operator King Laborers (hydraulic,diamond) $49.81 7A 31 King Laborers Dry Stack Walls $48.90 7A 31 King Laborers Dump Person $48.90 7A 31 King Laborers Epoxy Technician $48.90 7A 31 King Laborers Erosion Control Worker $48.90 7A 31 King Laborers Faller&Bucker Chain Saw $49.81 7A 31 I King Laborers Fine Graders $48.90 7A 31 II King Laborers Firewatch $41.45 7A 31 King Laborers Form Setter $48.90 7A 31 King Laborers Gabian Basket Builders $48.90 7A 31 King Laborers General Laborer $48.90 7A 31 Grade Checker & Transit 1 King Laborers Person $50.42 7A 31 King Laborers Grinders $48.90 7A 31 1 King Laborers Grout Machine Tender $48.90 7A 31 Groutmen ' (pressure)including Post King Laborers Tension Beams $49.81 7A 31 King Laborers Guardrail Erector $48.90 7A 31 Hazardous Waste Worker King Laborers (level A) $50.42 7A 31 Hazardous Waste Worker I King Laborers (level B) $49.81 7A 31 Hazardous Waste Worker King Laborers (level C) $48.90 7A 31 King Laborers High Scaler $50.42 7A 31 King Laborers Jackhammer $49.81 7A 31 King Laborers Laserbeam Operator $49.81 7A 31 King Laborers Maintenance Person $48.90 7A 31 I King Laborers Manhole Builder-mudman $49.81 7A 31 King Laborers Material Yard Person $48.90 7A 31 Motorman-dinky I King Laborers Locomotive $49.81 7A 31 Nozzleman (concrete Pump, Green Cutter When Using Combination Of High 1 Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, King Laborers Shotcrete,Water Bla $49.81 7A 31 King Laborers Pavement Breaker $49.81 7A 31 King Laborers Pilot Car $41.45 7A 31 King Laborers Pipe Layer Lead $50.42 7A 31 IKing Laborers Pipe Layer/tailor $49.81 7A 31 City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 66 [2018] RFB ver. 5-18 I I tKing Laborers Pipe Pot Tender $49.81 7A 31 King Laborers Pipe Reliner $49.81 7A 31 I King Laborers Pipe Wrapper $49.81 7A 31 King Laborers Pot Tender $48.90 7A 31 King Laborers Powderman $50.42 7A 31 King Laborers Powderman's Helper $48.90 7A 31 King Laborers Power Jacks $49.81 7A 31 Railroad Spike Puller - King Laborers Power $49.81 7A 31 I King Laborers Raker-Asphalt $50.42 7A 31 King Laborers Re-timberman $50.42 7A 31 Remote Equipment I King Laborers Operator $49.81 7A 31 King Laborers Rigger/signal Person $49.81 7A 31 King Laborers Rip Rap Person $48.90 7A 31 I King Laborers Rivet Buster $49.81 $49.81 7A 31 King Laborers Rodder 7A 31 King Laborers Scaffold Erector $48.90 7A 31 111 King Laborers Scale Person $48.90 7A 31 King Laborers Sloper(over 20)" $49.81 7A 31 King Laborers Sloper Sprayer $48.90 7A 31 King Laborers Spreader(concrete) $49.81 7A 31 King Laborers Stake Hopper $48.90 7A 31 King Laborers Stock Piler $48.90 7A 31 Tamper & Similar Electric, 1 King Laborers Air&Gas Operated Tools $49.81 7A 31 Tamper (multiple & Self- King Laborers propelled) $49.81 7A 31 I Timber Person - Sewer King Laborers (lagger,Sharer&Cribber) $49.81 7A 31 Toolroom Person (at King Laborers Jobsite) $48.90 7A 31 IKing Laborers Topper $48.90 7A 31 King Laborers Track Laborer $48.90 7A 31 King Laborers Track Liner(power) $49.81 7A 31 King Laborers Traffic Control Laborer $44.33 7A 31 8R King Laborers Traffic Control Supervisor $44.33 7A 31 8R King Laborers Truck Spotter $48.90 7A 31 King Laborers Tugger Operator $49.81 7A 31 I Tunnel Work-Compressed King Laborers Air Worker 0-30 psi _$107.60 7A 31 8Q I Tunnel Work-Compressed King Laborers Air Worker 30.01-44.00 psi $112.63 7A 31 8Q Tunnel Work-Compressed King Laborers Air Worker 44.01-54.00 psi $116.31 7A 31 8Q I Tunnel Work-Compressed King Laborers Air Worker 54.01-60.00 psi $122.01 7A 31 8Q Tunnel Work-Compressed IKing Laborers Air Worker 60.01-64.00 psi $124.13 7A 31 8Q City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 67 [2018] RFB ver. 5-18 I 11 I ITunnel Work-Compressed King Laborers Air Worker 64.01-68.00 psi $129.23 7A 31 8Q I Tunnel Work-Compressed King Laborers Air Worker 68.01-70.00 psi $131.13 7A 31 8Q Tunnel Work-Compressed King Laborers Air Worker 70.01-72.00 psi $133.13 7A 31 8Q ITunnel Work-Compressed King Laborers Air Worker 72.01-74.00 psi $135.13 7A 31 8Q Tunnel Work-Guage and I King Laborers Lock Tender $50.52 7A 31 8Q King Laborers Tunnel Work Miner $50.52 7A 31 8Q King Laborers Vibrator $49.81 7A 31 King Laborers Vinyl Seamer $48.90 7A 31 I King Laborers Watchman $37.67 7A 31 King Laborers Welder $49.81 7A 31 I King King Laborers Laborers Well Point Laborer J $49.81 7A 31 Window Washer/cleaner $37.67 7A 31 Laborers - Underground Sewer & King Water General Laborer&Topman $48.90 7A 31 I Laborers - Underground Sewer & King Water Pipe Layer $49.81 7A 31 King Landscape Construction Landscape Laborer $37.67 7A 31 I King Landscape Construction Landscape Operator $59.49 7A 3C 8P King Lathers Journey Level _ $58.48 5D 1H King Marble Setters Journey Level $57.32 5A 1M I King Metal Fabrication(In Shop) Fitter $15.86 1 King Metal Fabrication(In Shop) Laborer $11.50 1 King Metal Fabrication(In Shop) Machine Operator $13.04 1 I King Metal Fabrication(In Shop) Painter $11.50 1 King Metal Fabrication(In Shop) Welder $15.48 1 King Millwright Journey Level $61.54 5D 4C King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance _ $11.56 1 King Modular Buildings Plumber $11.56 1 I King Modular Buildings Production Worker $11.50 1 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 I King Modular Buildings Welder $11.56 1 King Painters Journey Level $42.50 6Z 2B King Pile Driver Crew Tender $54.99 5D 4C I Hyperbaric Worker - Compressed Air Worker 0- King Pile Driver 30.00 PSI $74.87 5D 4C I Hyperbaric Worker - Compressed Air Worker King Pile Driver 30.01-44.00 PSI $79.87 5D 4C I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 68 [2018] RFB ver. 5-18 I 1 Hyperbaric Worker - Compressed Air Worker 1 King Pile Driver 44.01-54.00 PSI $83.87 5D 4C Hyperbaric Worker Compressed Air Worker King Pile Driver 54.01-60.00 PSI $88.87 5D 4C IHyperbaric Worker Compressed Air Worker King Pile Driver 60.01-64.00 PSI $91.37 5D 4C I Hyperbaric Worker - Compressed Air Worker King Pile Driver 64.01-68.00 PSI $96.37 5D 4C I Hyperbaric Worker - Compressed Air Worker King Pile Driver 68.01-70.00 PSI $98.37 5D 4C I Hyperbaric Worker - Compressed Air Worker King Pile Driver 70.01-72.00 PSI $100.37 5D 4C Hyperbaric Worker - ' King Pile Driver Compressed Air Worker 72.01-74.00 PSI $102.37 5D 4C King Pile Driver Journey Level $60.29 5D 4C I King Plasterers _ Journey Level $56.54 7Q 1R Playground & Park Equipment King Installers Journey Level $11.50 1 King Plumbers&Pipefitters Journey Level $83.69 6Z 1G 1 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 I Batch Plant Operator, King Power Equipment Operators Concrete $59.96 7A 3C 8P King Power Equipment Operators _ Bobcat $56.90 7A 3C 8P I Brokk-Remote Demolition King Power Equipment Operators Equipment $56.90 7A 3C 8P King Power Equipment Operators Brooms $56.90 7A 3C 8P I 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 IConcrete Pump: Truck Mount With Boom King Power Equipment Operators Attachment Over 42 M $60.49 7A 3C 8P Concrete Finish Machine - King Power Equipment Operators laser Screed $56.90 7A 3C 8P Concrete Pump - Mounted I Or Trailer High Pressure Line Pump, Pump High King Power Equipment Operators Pressure. $59.49 7A 3C 8P I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 69 [2018] RFB ver. 5-18 I 1 Concrete Pump: Truck Mount With Boom I King Power Equipment Operators Attachment Up To 42m $59.96 7A 3C 8P King Power Equipment Operators Conveyors $59.49 7A 3C 8P Cranes Friction: 200 tons King Power Equipment Operators and over $62.33 7A 3C 8P I Cranes: 20 Tons Through King Power Equipment Operators 44 Tons With Attachments $59.96 7A 3C 8P Cranes: 100 Tons Through I 199 Tons,Or 150'Of Boom (Including Jib With King Power Equipment Operators Attachments) $61.10 7A 3C 8P Cranes:200 tons-299 tons, or 250a€'" of boom including jib with King Power Equipment Operators attachments $61.72 7A 3C 8P I Cranes: 300 tons and over or 300a€'"" of boom including jib with I King Power Equipment Operators attachments $62.33 7A 3C 8P Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With — I King Power Equipment Operators Attachments) $60.49 7A 3C 8P Cranes: A-frame - 10 Tons King Power Equipment Operators _ And Under $56.90 7A 3C 8P Cranes: Friction cranes King Power Equipment Operators through 199 tons $61.72 7A 3C 8P I Cranes: Through 19 Tons I With Attachments A-frame King Power Equipment Operators Over 10 Tons $59.49 7A 3C 8P King Power Equipment Operators Crusher $59.96 7A 3C 8P I Deck Engineer/deck King Power Equipment Operators Winches(power) $59.96 7A 3C 8P King Power Equipment Operators Derricks,On Building Work $60.49 7A 3C 8P King Power Equipment Operators Dozers D-9&Under $59.49 7A 3C 8P I King Power Equipment 0per ators Drill Oilers: Auger Type, Truck Or Crane Mount $59.49 7A 3C 8P King Power Equipment Operators Drilling Machine $61.10 7A 3C 8P I Elevator And Man-lift: King Power Equipment Operators Permanent And Shaft Type $56.90 7A 3C 8P Finishing Machine, Bidwell I And Gamaco & Similar King Power Equipment 0 erators Equipment $59.96 7A 3C 8P Forklift:3000 Lbs And Over King Power Equipment Operators With Attachments $59.49 7A 3C 8P I Forklifts: Under 3000 Lbs. King Power Equipment Operators With Attachments $56.90 7A 3C 8P Grade Engineer:Using Blue I King Power Equipment Operators Prints,Cut Sheets,Etc $59.96 7A 3C 8P City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 70 [2018] RFB ver. 5-18 I I 1 King Power Equipment Operators Gradechecker/stakeman $56.90 7A 3C 8P King Power Equipment Operators _ Guardrail Punch $59.96 7A 3C 8P I Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & King Power Equipment Operators Over $60.49 7A 3C 8P I Hard Tail End Dump Articulating Off-road King Power Equipment Operators Equipment Under 45 Yards $59.96 7A 3C 8P I _ Horizontal/directional Drill King Power Equipment Operators Locator $59.49 7A 3C . 8P Horizontal/directional Drill King Power Equipment Operators Operator $59.96 7A 3C 8P I Hydralifts/boom Trucks King Power Equipment Operators Over 10 Tons $59.49 7A 3C 8P Hydralifts/boom Trucks, 10 I King Power Equipment Operators Tons And Under $56.90 7A 3C 8P Loader, Overhead 8 Yards. &Over $61.10 7A 3C 8P King Power Equipment Operators I - Loader,Overhead, 6 Yards. King Power Equipment Operators But Not Including 8 Yards $60.49 7A 3C 8P Loaders, Overhead Under King Power Equipment Operators 6 Yards $59.96 7A 3C 8P IKing Power Equipment Operators Loaders,Plant Feed $59.96 7A 3C 8P Loaders: Elevating Type King Power Equipment Operators Belt $59.49 7A 3C 8P I King Power Equipment Operators Locomotives,All $59.96 7A 3C 8P King Power Equipment Operators Material Transfer Device $59.96 7A 3C 8P Mechanics, All (leadmen - I $0.50 Per Hour Over King Power Equipment Operators Mechanic) $61.10 7A 3C 8P King Power Equipment Operators Motor Patrol Graders $60.49 7A 3C 8P I Mucking Machine, Mole, Tunnel Drill, Boring, Road King Power Equipment Operators Header And/or Shield $60.49 7A 3C 8P Oil Distributors, Blower I Distribution & Mulch King Power Equipment Operators Seeding Operator $56.90 7A 3C 8P Outside Hoists (elevators I And Manlifts), Air King Power Equipment Operators Tuggers,strato $59.49 7A 3C 8P Overhead, Bridge Type I Crane: 20 Tons Through King Power Equipment Operators 44 Tons $59.96 7A 3C 8P Overhead, Bridge Type: King Power Equipment Operators 100 Tons And Over $61.10 7A 3C 8P I Overhead, Bridge Type: 45 King Power Equipment Operators _ Tons Through 99 Tons $60.49 7A 3C 8P King Power Equipment Operators Pavement Breaker $56.90 7A 3C 8P I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 71 [2018] RFB ver. 5-18 I MIIIW I tPile Driver (other Than 1 King Power Equipment Operators _ Crane Mount) $59.96 7A 3C 8P I Plant Oiler - Asphalt, King Power Equipment Operators Crusher $59.49 7A 3C 8P Posthole Digger, King Power Equipment Operators Mechanical $56.90 7A 3C 8P 111 King Power Equipment Operators Power Plant $56.90 7A 3C 8P King Power Equipment Operators Pumps Water $56.90 7A 3C 8P Quad 9, Hd 41, 010 And ' King Power Equipment Operators Over $60.49 7A 3C 8P Quick Tower - No Cab, Under 100 Feet In Height King Power Equipment Operators Based To Boom $56.90 7A 3C 8P I Remote Control Operator On Rubber Tired Earth King Power Equipment Operators Moving Equipment $60.49 7A 3C 8P King Power Equipment Operators Rigger And Bellman $56.90 7A 3C 8P Rigger/Signal Person, King Power Equipment O erators Bellman(Certified) $59.49 7A 3C 8P King Power Equipment Operators Rollagon $60.49 7A 3C 8P Roller, Other Than Plant King Power Equipment Operators Mix $56.90 7A 3C 8P Roller, Plant Mix Or Multi- King Power Equipment Operators lift Materials $59.49 7A 3C 8P King Power Equipment Operators Roto mill,Roto grinder $59.96 7A 3C 8P King Power Equipment Operators Saws-Concrete $59.49 7A 3C 8P Scraper, Self Propelled King Power Equipment Operators Under 45 Yards $59.96 7A 3C 8P Scrapers - Concrete & King Power Equipment Operators _ Carry All $59.49 7A 3C 8P Scrapers, Self-propelled: King Power Equipment Operators 45 Yards And Over $60.49 7A 3C 8P Service Engineers - King Power Equipment Operators Equipment $59.49 7A 3C 8P Shotcrete/gunite 1 King Power Equipment Operators Equipment $56.90 7A 3C 8P Shovel , Excavator, Backhoe, Tractors Under King Power Equipment Operators 15 Metric Tons. $59.49 7A 3C 8P I Shovel, Excavator, Backhoe: Over 30 Metric King Power Equipment Operators Tons To 50 Metric Tons $60.49 7A 3C 8P ' Shovel, Excavator, Backhoes, Tractors: 15 To King Power Equipment Operators 30 Metric Tons $59.96 7A 3C 8P Shovel, Excavator, 111 Backhoes: Over 50 Metric King Power Equipment Operators Tons To 90 Metric Tons $61.10 7A 3C 8P I City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 72 [2018] RFB ver. 5-18 I IShovel, Excavator, Backhoes: Over 90 Metric I King Power Equipment Operators Tons $61.72 7A 3C 8P King Power Equipment Operators Slipform Pavers $60.49 7A 3C 8P Spreader, Topsider & King Power Equipment Operators Screedman $60.49 7A 3C 8P 111 King Power Equipment Operators Subgrader Trimmer $59.96 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $59.49 7A 3C 8P Tower Crane Up To 175' In 1 King Power Equipment Operators Height Base To Boom $61.10 7A 3C 8P Tower Crane:over 175a€•"" through 250ae'" in height, King Power Equipment Operators base to boom $61.72 7A 3C 8P Tower Cranes: over 250a€'"" in height from King Power Equipment Operators base to boom $62.33 7A 3C 8P I Transporters, All Track Or King Power Equipment Operators Truck Type $60.49 7A 3C 8P King Power Equipment Operators Trenching Machines $59.49 7A 3C 8P Truck Crane Oiler/driver - King Power Equipment Operators 100 Tons And Over $59.96 7A 3C 8P Truck Crane Oiler/driver I King Power Equipment Operators _ Under 100 Tons $59.49 7A 3C 8P Truck Mount Portable King Power Equipment Operators Conveyor $59.96 7A 3C 8P King Power Equipment Operators _ Welder $60.49 7A 3C 8P ' Wheel Tractors, Farmall King Power Equipment Operators Type $56.90 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $59.96 7A 3C 8P I Power Equipment Operators- King Underground Sewer&Water Asphalt Plant Operators $60.49 7A 3C 8P Power Equipment Operators- I King Underground Sewer&Water Assistant Engineer $56.90 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Barrier Machine(zipper) $59.96 7A 3C 8P I Power Equipment Operators- Batch Plant Operator, King Underground Sewer&Water Concrete $59.96 7A 3C SP Power Equipment Operators- King Underground Sewer&Water Bobcat $56.90 7A 3C 8P Power Equipment Operators- Brokk-Remote Demolition King Underground Sewer&Water Equipment $56.90 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Brooms $56.90 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Bump Cutter $59.96 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Cableways $60.49 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Chipper $59.96 7A 3C 8P I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 73 [2018] RFB ver. 5-18 I 1 IPower Equipment Operators- King Underground Sewer&Water Compressor $56.90 7A 3C 8P IConcrete Pump: Truck Power Equipment Operators- Mount With Boom King Underground Sewer&Water _ Attachment Over 42 M $60.49 7A 3C 8P Power Equipment Operators- Concrete Finish Machine - ' King Underground Sewer&Water laser Screed $56.90 7A 3C 8P Concrete Pump - Mounted Or Trailer High Pressure I Power Equipment Operators-—Line Pump, Pump High King Underground Sewer&Water Pressure. $59.49 7A 3C 8P Concrete Pump: Truck Power Equipment Operators- Mount With Boom ' King Underground Sewer&Water Attachment Up To 42m $59.96 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water _ Conveyors $59.49 7A 3C 8P I King Power Equipment Operators- Cranes Friction: 200 tons Underground Sewer&Water and over $62.33 7A 3C 8P Power Equipment Operators- Cranes: 20 Tons Through I King Underground Sewer&Water 44 Tons With Attachments $59.96 7A 3C 8P Cranes: 100 Tons Through 199 Tons,Or 150' Of Boom Power Equipment Operators- (Including Jib With IKing Underground Sewer&Water Attachments) $61.10 7A 3C 8P Cranes:200 tons-299 tons, or 250a€T" of boom I Power Equipment Operators- including jib with King Underground Sewer&Water _ attachments _$61.72 7A 3C 8P Cranes: 300 tons and over I or 300a€'"" of boom Power Equipment Operators- including jib with King Underground Sewer&Water attachments $62.33 7A 3C 8P Cranes: 45 Tons Through 99 Tons, Under 150' Of Power Equipment Operators- Boom (including Jib With King Underground Sewer&Water Attachments) $60.49 7A 3C 8P I King Power Equipment Operators- Cranes: A-frame - 10 Tons Underground Sewer&Water And Under $56.90 7A 3C 8P Power Equipment Operators- Cranes: Friction cranes King Underground Sewer&Water through 199 tons $61.72 7A 3C 8P Cranes: Through 19 Tons Power Equipment Operators- With Attachments A-frame King Underground Sewer&Water Over 10 Tons $59.49 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water _ Crusher $59.96 7A 3C 8P Power Equipment Operators- Deck Engineer/deck I King Underground Sewer&Water Winches(power) $59.96 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water _ Derricks,On Building Work $60.49 7A 3C 8P Power Equipment Operators- , King Underground Sewer&Water Dozers D-9&Under $59.49 7A 3C 8P City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 74 [2018] RFB ver. 5-18 I Power Equipment Operators- Drill Oilers: Auger Type, q PYp , King Underground Sewer&Water Truck Or Crane Mount $59.49 7A 3C 8P I Power Equipment Operators- King Underground Sewer&Water Drilling Machine $61.10 7A 3C 8P Power Equipment Operators- Elevator And Man-lift: King Underground Sewer&Water Permanent And Shaft Type $56.90 7A 3C 8P IFinishing Machine, Bidwell Power Equipment Operators- And Gamaco & Similar King Underground Sewer&Water _ Equipment $59.96 7A 3C 8P I King Power Equipment Operators- Forklift:3000 Lbs And Over Underground Sewer&Water With Attachments $59.49 7A 3C 8P Power Equipment Operators- Forklifts: Under 3000 Lbs. I King Underground Sewer&Water With Attachments $56.90 7A 3C 8P Power Equipment Operators- Grade Engineer: Using Blue King Underground Sewer&Water Prints,Cut Sheets,Etc $59.96 7A 3C 8P ' Power Equipment Operators- King Underground Sewer&Water Gradechecker/stakeman $56.90 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Guardrail Punch $59.96 7A 3C 8P ' Hard Tail End Dump Articulating Off- Road Power Equipment Operators- Equipment 45 Yards. & King Underground Sewer&Water Over $60.49 7A 3C 8P Hard Tail End Dump Power Equipment Operators- Articulating Off-road King Underground Sewer&Water Equipment Under 45 Yards $59.96 7A 3C 8P 1 Power Equipment Operators- Horizontal/directional Drill King Underground Sewer&Water Locator $59.49 7A 3C 8P Power Equipment Operators- Horizontal/directional Drill I King Underground Sewer&Water Operator $59.96 7A 3C 8P Power Equipment Operators- Hydralifts/boom Trucks King Underground Sewer&Water Over 10 Tons $59.49 7A 3C 8P Power Equipment Operators- Hydralifts/boom Trucks, 10 King Underground Sewer&Water Tons And Under $56.90 7A 3C 8P Power Equipment Operators- Loader, Overhead 8 Yards. King Underground Sewer&Water &Over $61.10 7A 3C 8P Power Equipment Operators- Loader, Overhead,6 Yards. King Underground Sewer&Water But Not Including 8 Yards $60.49 7A 3C 8P Power Equipment Operators- Loaders, Overhead Under ' King Underground Sewer&Water 6 Yards $59.96 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Loaders,Plant Feed $59.96 7A 3C 8P I King Power Equipment Operators- Loaders: Elevating Type Underground Sewer&Water Belt $59.49 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Locomotives,All $59.96 7A 3C 8P ' eratPower Equipment 0 ors- P King Underground Sewer&Water Material Transfer Device $59.96 7A 3C 8P I City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 75 [2018] RFB ver. 5-18 I I IMechanics, All (leadmen - Power Equipment Operators- $0.50 Per Hour Over I King Underground Sewer&Water Mechanic) $61.10 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Motor Patrol Graders $60.49 7A 3C 8P Mucking Machine, Mole, I Power Equipment Operators- Tunnel Drill, Boring, Road King Underground Sewer&Water Header And/or Shield $60.49 7A 3C 8P Oil Distributors, Blower Power Equipment Operators- —Distribution & Mulch King Underground Sewer&Water Seeding Operator $56.90 7A 3C 8P Outside Hoists (elevators I King Power Equipment Operators- And Manlifts), Air Underground Sewer&Water Tuggers,strato $59.49 7A 3C 8P Overhead, Bridge Type Power Equipment Operators- Crane: 20 Tons Through IKing Underground Sewer&Water 44 Tons $59.96 7A 3C 8P Power Equipment Operators- Overhead, Bridge Type: King Underground Sewer&Water 100 Tons And Over $61.10 7A 3C 8P I King Power Equipment Operators- Overhead, Bridge Type: 45 Underground Sewer&Water Tons Through 99 Tons $60.49 7A 3C 8P 1 Power Equipment Operators- ' King Underground Sewer&Water Pavement Breaker $56.90 7A 3C 8P Power Equipment Operators- Pile Driver (other Than King Underground Sewer&Water Crane Mount) $59.96 7A 3C 8P Power Equipment Operators- Plant Oiler - Asphalt, King Underground Sewer&Water Crusher $59.49 7A 3C 8P Power Equipment Operators- Posthole Digger, 1 King Underground Sewer&Water Mechanical $56.90 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Power Plant $56.90 7A 3C 8P Power Equipment Operators- , King Underground Sewer&Water Pumps-Water $56.90 7A 3C 8P Power Equipment Operators- Quad 9, Hd 41, D10 And King Underground Sewer&Water Over $60.49 7A 3C 8P ' Quick Tower - No Cab, Power Equipment Operators- Under 100 Feet In Height King Underground Sewer&Water Based To Boom $56.90 7A 3C 8P Remote Control Operator I King Power Equipment Operators- On Rubber Tired Earth Underground Sewer&Water Moving Equipment $60.49 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Rigger And Bellman $56.90 7A 3C 8P Power Equipment Operators- Rigger/Signal Person, King Underground Sewer&Water Bellman(Certified) $59.49 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Rollagon $60.49 7A 3C 8P Power Equipment Operators- Roller, Other Than Plant King Underground Sewer&Water Mix $56.90 7A 3C 8P III City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 76 [2018] RFB ver. 5-18 I IPower Equipment Operators- Roller, Plant Mix Or Multi- King Underground Sewer&Water lift Materials $59.49 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Roto-mill,Roto-grinder $59.96 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Saws-Concrete $59.49 7A 3C 8P IPower Equipment Operators- Scraper, Self Propelled King Underground Sewer&Water Under 45 Yards $59.96 7A 3C 8P Power Equipment Operators- Scrapers - Concrete & I King Underground Sewer&Water Carry All $59.49 7A 3C 8P Power Equipment Operators- Scrapers, Self-propelled: King Underground Sewer&Water 45 Yards And Over $60.49 7A 3C 8P I King Power Equipment Operators- Service Engineers - Underground Sewer&Water Equipment $59.49 7A 3C 8P Power Equipment Operators- Shotcrete/gunite I King Underground Sewer&Water Equipment $56.90 7A 3C 8P Shovel Excavator, Power Equipment Operators- Backhoe, Tractors Under King Underground Sewer&Water 15 Metric Tons. $59.49 7A 3C 8P Shovel, Excavator, Power Equipment Operators- Backhoe: Over 30 Metric King Underground Sewer&Water Tons To 50 Metric Tons $60.49 7A 3C 8P IShovel, Excavator, Power Equipment Operators- Backhoes, Tractors: 15 To King Underground Sewer&Water 30 Metric Tons $59.96 7A 3C 8P I Shovel, Excavator, Power Equipment Operators- Backhoes: Over 50 Metric King Underground Sewer&Water Tons To 90 Metric Tons $61.10 7A 3C 8P Shovel, Excavator, / KingPower Equipment Operators- Backhoes: Over 90 Metric Underground Sewer&Water Tons $61.72 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Slipform Pavers $60.49 7A 3C 8P Power Equipment Operators- Spreader, Topsider & King Underground Sewer&Water Screedman $60.49 7A 3C 8P Power Equipment Operators- King Underground Sewer&Water Subgrader Trimmer $59.96 7A 3C 8P I / Power Equipment Operators- King Underground Sewer&Water Tower Bucket Elevators $59.49 7A 3C 8P I Power Equipment Operators- Tower Crane Up To 175' In King Underground Sewer&Water Height Base To Boom $61.10 7A 3C 8P Tower Crane: over 175x€W" I King Power Equipment Operators- through 250â€TM in height, Underground Sewer&Water base to boom $61.72 7A 3C 8P Tower Cranes: over I Power Equipment Operators- 250x€"" in height from King Underground Sewer&Water base to boom $62.33 7A 3C 8P Power Equipment Operators- Transporters, All Track Or King Underground Sewer&Water Truck Type $60.49 7A 3C 8P I I/ ICity of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 77 [2018] RFB ver. 5-18 I iPower Equipment Operators- King Underground Sewer&Water Trenching Machines $59.49 7A 3C 8P I King Power Equipment Operators- Truck Crane Oiler/driver - Underground Sewer&Water 100 Tons And Over $59.96 7A 3C 8P Power Equipment Operators- Truck Crane Oiler/driver King Underground Sewer&Water Under 100 Tons $59.49 7A 3C 8P I Power Equipment Operators- Truck Mount Portable King Underground Sewer&Water Conveyor $59.96 7A 3C 8P Power Equipment Operators- ' King Underground Sewer&Water Welder $60.49 _7A 3C 8P Power Equipment Operators- Wheel Tractors, Farmall King Underground Sewer&Water Type $56.90 7A 3C 8P I Power Equipment Operators- King Underground Sewer&Water Yo Yo Pay Dozer $59.96 7A 3C 8P King Power Line Clearance Tree Trimmers Journey Level In Charge $49.96 5A 4A ' King King Power Line Clearance Tree Trimmers Spray Person $47.37 5A 4A Power Line Clearance Tree Trimmers Tree Equipment Operator $49.96 5A 4A King Power Line Clearance Tree Trimmers Tree Trimmer $44.57 5A 4A Tree Trimmer I King Power Line Clearance Tree Trimmers Groundperson $33.60 5A 4A Refrigeration & Air Conditioning King Mechanics Journey Level $79.51 6Z 1G I King Residential Brick Mason Journey Level $57.32 5A 1M King Residential Carpenters Journey Level $45.05 5D 4C King Residential Cement Masons Journey Level $60.07 7A 1M I King Residential Drywall Applicators Journey Level $45.05 5D 4C King Residential Drywall Tapers Journey Level $45.19 5P 1E King Residential Electricians Journey Level $37.26 0 1 ' King Residential Glaziers Journey Level $42.05 7L 1H King Residential Insulation Applicators Journey Level $60.04 5D 4C King Residential Laborers Journey Level $36.68 7A 1H King Residential Marble Setters Journey Level $57.32 5A 1M I King Residential Painters Journey Level $42.50 6Z 2B King Residential Plumbers&Pipefitters Journey Level $51.37 5A 1G Residential Refrigeration & Air I King Conditioning Mechanics Journey Level $51.37 5A 1G Journey Level (Field or King Residential Sheet Metal Workers Shop) $50.01 7F 1R King Residential Soft Floor Layers Journey Level $49.43 5A 3J I Residential Sprinkler Fitters (Fire King Protection) Journey Level $46.58 5C 2R King Residential Stone Masons Journey Level $57.32 5A 1M I King Residential Terrazzo Workers Journey Level $52.61 5A 1M King Residential Terrazzo/Tile Finishers Journey Level $43.44 5A 1B King Residential Tile Setters Journey Level $52.61 5A 1M I King Roofers Journey Level $51.52 5A 3H Using Irritable Bituminous King Roofers Materials $54.52 5A 3H I Journey Level (Field or King Sheet Metal Workers Shop) $82.51 7F 1E City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 78 [2018] RFB ver. 5-18 I INew Construction King Shipbuilding&Ship Repair Boilermaker $36.36 7V 1 New Construction I King Shipbuilding&Ship Repair Carpenter $36.36 7V 1 New Construction Crane King Shipbuilding&Ship Repair Operator $36.36 7V 1 I New Construction King Shipbuilding&Ship Repair Electrician $36.36 7V 1 New Construction Heat & King Shipbuilding&Ship Repair Frost Insulator $73.58 Si 4H King Shipbuilding&Ship Repair _ New Construction Laborer $36.36 7V 1 New Construction King Shipbuilding&Ship Repair Machinist $36.36 7V 1 I New Construction King Shipbuilding&Ship Repair Operating Engineer $36.36 7V 1 King Shipbuilding&Ship RepairNew Construction Painter $36.36 7V 1 I _ New Construction King Shipbuilding&Ship Repair Pipefitter $36.36 7V 1 King Shipbuilding&Ship Repair New Construction Rigger $36.36 7V 1 I New Construction Sheet King Shipbuilding&Ship Repair Metal $36.36 7V 1 New Construction King Shipbuilding&Ship Repair Shipfitter $36.36 7V 1 I New Construction King Shipbuilding&Ship Repair Warehouse/Teamster $36.36 7V 1 New Construction Welder I King Shipbuilding&Ship Repair /Burner $36.36 7V 1 King Shipbuilding&Ship Repair Ship Repair Boilermaker $44.95 7X 4J King Shipbuilding&Ship Repair Ship Repair Carpenter $44.95 7X 41 I Ship Repair Crane King Shipbuilding&Ship Repair Operator $44.06 7Y 4K King Shipbuilding&Ship Repair Ship Repair Electrician $44.95 7X 4J Ship Repair Heat & Frost I King Shipbuilding&Ship RepairInsulator $73.58 Si 4H King Shipbuilding&Ship Repair Ship Repair Laborer $44.95 7X 41 King Shipbuilding&Ship Repair Ship Repair Machinist $44.95 7X 4J I Ship Repair Operating King Shipbuilding&Ship Repair Engineer $44.06 7Y 4K King Shipbuilding&Ship Repair Ship Repair Painter $44.95 7X 4J King Shipbuilding&Ship Repair Ship Repair Pipefitter $44.95 7X 4J King Shipbuilding&Ship Repair Ship Repair Rigger $44.95 7X 4J King Shipbuilding&Ship Repair Ship Repair Sheet Metal $44.95 7X 4J King Shipbuilding&Ship Repair Ship Repair Shipwright $44.95 7X 4J I Ship Repair Warehouse / King Shipbuilding&Ship Repair Teamster $44.06 7Y 4K King Sign Makers&Installers(Electrical) Journey Level $49.70 0 1 I Sign Makers & Installers (Non- King Electrical) Journey Level $31.52 0 1 King Soft Floor Layers Journey Level $49.43 5A 3J 1 King Solar Controls For Windows Journey Level $12.44 1 City of Federal Way RFB # 18-011 1 2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 79 [2018] RFB ver. 5-18 I UM King Sprinkler Fitters(Fire Protection) Journey Level $77.39 5C 1X Stage Rigging Mechanics (Non I King Structural) Journey Level $13.23 1 King Stone Masons Journey Level $57.32 5A 1M Street And Parking Lot Sweeper King Workers Journey Level $19.09 1 I Assistant Construction Site King Surveyors Surveyor $59.49 7A 3C 8P King Surveyors Chainman $58.93 7A 3C 8P I King Surveyors Construction Site Surveyor $60.49 7A 3C 8P King Telecommunication Technicians Journey Level $48.06 7E 1E Telephone Line Construction - I King OutsideCable Splicer $41.22 5A 2B Telephone Line Construction Hole Digger/Ground King Outside Person $23.12 5A 2B I King Telephone Line Construction - Outside Installer(Repairer) $39.53 5A 2B Telephone Line Construction - King Outside _ Special Aparatus Installer I $41.22 5A 2B I Telephone Line Construction - Special Apparatus Installer King Outside II $40.41 5A 2B Telephone Line Construction - Telephone Equipment , I King Outside Operator(Heavy) $41.22 5A 2B Telephone Line Construction Telephone Equipment King Outside Operator(Light) $38.36 5A 2B I King Telephone Line Construction -_ Outside Telephone Lineperson $38.36 5A 2B Telephone Line Construction - I King Outside y Television Groundperson $21.92 5A 2B Telephone Line Construction Television King Outside _ Lineperson/Installer $29.13 5A 2B Telephone Line Construction - Television System I King Outside Technician $34.68 5A 2B Telephone Line Construction King Outside Television Technician $31.18 5A 2B I King Telephone Line Construction - _ Outside Tree Trimmer $38.36 5A 2B King Terrazzo Workers _Journey Level $52.61 5A 1M King Tile Setters _Journey Level $52.61 5A 1M I King Tile,Marble&Terrazzo Finishers Finisher $43.44 5A 1B King Traffic Control Stripers Journey Level $45.53 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards $54.30 5D 3A 8L I King Truck Drivers Asphalt Mix To 16 Yards $53.46 5D 3A 8L King Truck Drivers Dump Truck $53.46 5D 3A 8L King Truck Drivers Dump Truck&Trailer $54.30 5D 3A 8L I King Truck Drivers Other Trucks $54.30 5D 3A 8L King Truck Drivers Ready Mix Booster 9 Yards and Over $52.78 5A 4T Non-Booster Loads Under I King Truck Drivers-Ready Mix 9 Cubic Yards $52.53 5A 4T City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 80 [2018] RFB ver. 5-18 MI I Well Drillers & Irrigation Pump 1 King Installers Irrigation Pump Installer $17.71 1 I King Well Drillers & Irrigation Pump Installers Oiler - $12.97 1 Well Drillers & Irrigation Pump King Installers Well Driller $18.00 1 I I Benefit Code Key—Effective 8/31/2018 term 3/2/2019 Overth r Codes I Overtime cahrlatioos are based on the hourly rate actually paid to the worker.Oa pdtdic works ptojecis,the hourly rase roast be not less than the prevailing rate of wage minus the hourly rase of the cost of fringe benefits actually provided for the worker_ L ALL HOTJRS WORKED IN EXCESS OF EIGHT(8)HOURS PER DAY OR FORTY(40)HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. I B. All hours wowed on Saturdays shall be paid at one and nae-half titres the hourly rale of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rase of wage. C. The first two(2)hours after eight(S)regular hours Monday through Friday and the first ten(10)hours on Saturday I shall be paid at ore and ore-half times the hourly rate of wage. All other overtime Lours and all hours worked as Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two(2)boars before or after a live-eight(8)hour workweek day or a four-ten(10)hour workweek day and the fusteight(8)hours worked the nest day atter either workweek shall be paid at one and one-half times the hourly I rate of wage_All additional hours worked and all worked oar Sundays and holidays shall be paid at doable the hourly We of wage. E. The first two(2)hours after eight(8)regular hours Monday through Friday and the first eight(8)hours an Saturday shall be paid at are and one-half times the hourly rate of wage. All other boors worked Monday through Saanday, and all hours worked an Sundays and holiothys shall be paid at double the hourly rate of wage. I F. The first two(2)hours after eight(8)regular hours Monday through Friday and the first ten 00)hours on Saturday shall be paid at one and ane-half times the hourly rate of wage.All other overtime hours worked,except Labia Day, shall be paid at double the hourly rate of wage..All hors worked on Labor Day shall be paid at three times the hourly rate of wage. I G. The Sat tea(10)Lours worked an Saturdays and the Sat tea(10)hours worked on a filth calendar weekday in a fom- ent hour schedule,a shall be paid at one and one-half times the hourly tate of wage.All hairs worked in recess of an (10)hams per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at doable the hourly rase of wage_ I H. All hours worked on Saturdays(except makeup days if work is lost doe to rechrmart weather conditions or equipment brealdawa)shall be paid at one and ane-half limns the hourly rate of wage. All hours worked Monday through Sunday over twelve(I2)boors and all hams worked on Sundays and holidays shall be paid at double the hourly rase ofova ga II. All hours worked on Sundays and holidays shall also be pard at doable the hourlynue te of wage. I. The first two(2)Lours after eight(8)regular hours Monday through Friday and the first tae(10)horns on Saturday shall be paid at one and one-half times the knurly rate of wage. All hours worked over ten(10)hours Monday through Saturday.Sundays and holidays shall be paid at double the hourly rate of wage I R. All bouts wonted on Saturdays and Sundays shall be paid at one and one-half tunes the hourly rate of wage.All hours worked an holidays shall be paid at double the hourly rate of wage. M. All boors worked on Saturdays(except makeup days if work is lost due to idclemeat weather rx titres)shall be paid at one and ore-half times the hourly rate of wage.All hours worked as Sundays and holidays shall be paid at double the hourly rate of wage_ I N. All hours worked on Saturdays(except makeup days)shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage- 1 City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 81 [2018] RFB ver. 5-18 1 IEXHIBIT"F" I TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and I successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations IThe 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 I 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. I 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on I 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 I II' 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 tIn 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 I 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. I4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued Ipursuant 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 Iinformation 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. II 5. Sanctions for Non-compliance I In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract City RFB # 18-011 ' 2019of/2020 Federal SurfaceWayWater Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 82 [2018] RFB ver. 5-18 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- I 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 I 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. 1 1 1 City of Federal Way RFB # 18-011 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 83 [2018] RFB ver. 5-18 EXHIBIT G MAPPING OF ASSETS IDENTIFIED FOR CLEANING DIGITAL MAPS ARE AVIALBLE FROM THE CITY OF FEDERAL WAY CONTACT PAUL HELLER AT (253) 835- 2754 OR BY EMAIL AT PAUL.HELLER©CITYOFFEDERALWAY.COM 1 City of Federal Way RFB # 18-011 I 2019/2020 Surface Water Management(SWM) Vactor Services and Drainage Infrastructure Maintenance Page 84 [2018] RFB ver. 5-18 UM ' APPENDIX A I STORM CLEANING DAILY LOG EXAMPLE A Federal Way I STORM CLEANING DAILY LOG AG# DATE 1 1 OPERATOR ASSIST MAP GRID* START TRW AN/PM EDD TOW AM/PSI WEATHER CONORIONS START ROAD START CB D# END ROAD HID CBD i MUNI-NAME ' _ CLEANED TYPE 1 AND TYPE ill CB Els 1 I _ , CLEANED TYPE 2 CBIS ANDRE MH Is INSPECTION NOTES: IDick Discharge Detection Notes: - I HOURLY JET FLOODING HOURLY RD/TANK CLEANING AND TV CAN FROM BASIN/ TO BASIN t THE FROM CBIMH B TO CRASH• TME - TOTAL RO/fANK LABOR HOURS _ TOTAL LABOR HOURS TOTAL TV CAMERA LABOR HOURS • _ TODAYs MATERIALS DISPOSAL: DECANT- GALLON{ s- TONS.. SOLD LOCATOR. LOCATION: 6oernsMM IIMWYn usVemas'tAMI hwhiefteame ter 6a Web lana..te]P1$0020 City of Federal Way RFB # 18-011 I2019/2020 Surface Water Management (SWM) Vactor Services and Drainage Infrastructure Maintenance Page 85 [2018] RFB ver. 5-18