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AG 21-005 - Wilco ConstructionRETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM It 01UGINATINGDEPT./DIV: Perms 2. ORIGINATING STAFF PERSON: Mary Jaenicke EXT: 3., DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT F-1 GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT El ORDINANCE ❑ CONTRACT AA4ENDMENT AG#)a 21 -D05 Q OTfIER ChangeOrderfl 5. PROJECT NAME: Gate Installation 6. NAME OF CONTRACTOR: wilco Construction LLC ADDRE S S: 5725 107th Street East, Puyallup, WA 98373 TELEPHONE E-MAIL: FAX: SIGNATURE NAME: El MAINTENANCE AGREEMENT El HUMAN SERVICES / CDBG 1:1 SECURITY DOCUMENT (E.G. BOND RELAD DOCUMENTS) El RESOLUTION ❑ fNTERLOCAL TITLE 7. EXHIBITS AND ATTACHMIENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REOUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMIN4ENCEMENT DATE: COMPLETION DATE: 3/31/21 9. TOTAL COMPENSATION$ 113000.00+$10.00=119010.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: Li YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED AYES ONO IF YES, $ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: 1:1 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO9 : 001 -71 Oa331-576-80-480 10. DOCUMENT/CONTRACT REVIEW 1:1 PROJECT MANAGER ❑ DIRECTOR Li RISK MANAGEMENT (IF APPLICABLE 1:1 LAW I I . COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: INITIAL /DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1:1 CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff' if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT El SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK I--] ASSIGNED AG# COA4WNTS: DATE SENT: INITIAL / DATE SIGNED A ?Li I J � t F f 0 PROJECT NUMBER CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 21-005 AGREEMENT NUMBER Gate Installation PROJECT TITLE SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes sum ari Contract was originated in 2020 with the total contract $101000.00 + $11000.00 (10%) tax = $11 ,000ffiOO 1 CHANGE ORDER NUMBER zed below: compensation: March 31, 2021 EFFECTIVE DATE Wilco Construction LLC CONTRACTOR Contract was signed in 2021, the total contract compensation is increased due to the new sales tax rate. $101000000 + $11010.00 (1001 %) _ $11 1010000 The time provided for completion in the Contract is � Unchanged ❑ Increased by _Working Day(s) ❑ Decreased by _ Working Day(s) This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? Yes No If "Yes" Will the Policies Be Extended? Yes ❑ No MODIFICATIONS TO UNIT PRICES: ITEM NO. DELETE ITEM PREVIOUS gLTY UNIT PRICE REVISED UNIT PRICE ADD OR THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO. ITEM G�T_Y UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT:0 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT INCREASE $10.00 1 $ 11-1000.00 $ 10.00 $ 11,010.00 DECREASE $ CHANGE ORDER AGREEMENT 1 Rev. 8/19 f STATEMENT: Payment for the above work will be in accordance with anplicable portions of the standardsIecifications, and witt the understanding That all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the confract plans, and the special provisio construction.. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all ns governing the types of claims ov the Contractor arising out of, or relating in any way to the Work identified, f deleted pursuant to Change Order except TOR'S SIG (RECTOR o be Pertormed, or as specifically described in this Chanae Order. q / I 7, WOO-1 J maw,7 6 0z -, E DATE .�-�- Act►��t `�! a�,f a-oa�1 CHANGE ORDER AGREEMENT DATE 2 A Rev. 8/19 RETURN TO: Mary Jaenicke EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Parks 2. ORIGINATING STAFF PERSON: Derreck Presnell EXT: 6959 3. DATE REQ. BY. 10/31/2020 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT 2 SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Gate Installation NAME OF CONTRACTOR: wilco Construction Ll-c ADDRESS: 5725 107th street East, Puyallup, WA gw TELEPHONE 253-348-0236 E-MAIL: wilcofences7@gmail_com FAX: SIGNATURE NAME: _ V1lllIfam GibSon TITLE owner EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: When signed COMPLETION DATE: I}t220 3Vf?1 12--1 9. TOTAL COMPENSATION $10,000.00 + 1,000 = 11,000 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ®NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES, $ 1,000.00 RETAINAGE: RETAINAGE AMOUNT: PAID BY: ❑ CONTRACTOR It CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: Parks 001-7100-331-576-80-480 10. DOCUMENT/CONTRACT REVIEW © PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 11 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support stair if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# INITIAL / DATE REVIEWED DK 10-26-2020 COMMITTEE APPROVAL DATE: DATE SENT: 12/14/20 INITIAL 1 DATE SIGNED C� i Is-) zl OZ COMMENTS: 10/23 Please make sure that all highlighted text gets filled in prior to being sent out, i e. dates etc. LIMITED PUBLIC WORKS CONTRACT FOR GATE INSTALLATION This limited public works contract ("Contract") is dated effective this 19th day of January, 2021 and is made by and between the City of Federal Way, a Washington municipal corporation ("City" or "Owner"), and Wilco Construction LLC, a Washington Limited Liability Company ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at Celebration Park located at 1095 South 324th Street and Town Square Park located at 31600 Pete von Reichbauer Way South, Federal Way, Washington ("Property"); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Gate Installation project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B," Notice to Labor Unions attached as Exhibit "C," Certificate(s) of Insurance Form attached hereto as Exhibit "D," Prevailing Wage Rates attached as Exhibit "B," Title VI Assurances attached hereto as Exhibit "F," and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents"), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 31 st day of March, 2021. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the traveling public, obstruct traffic, interfere with and delay commerce, and increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. 1 1 /2020 Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the City's project manager to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains to physically complete the total Contract, the City's project manager may determine the Contract Work is substantially complete. The City's project manager will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the City's project manager, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 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 the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including, but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permits, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit `B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 2 1 /2020 If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require determining if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 31st day of March 2021, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including, but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3 1 /2020 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Ten Thousand and No/100 Dollars ($10,000.00), and Washington State sales tax equal to One Thousand and No/100 Dollars ($1,000.00), for a total amount not to exceed Eleven Thousand and No/100 Dollars ($11,000.00), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Derreck Presnell 33325 8th Avenue South Federal Way, WA 98003-6325 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, 4 1 /2020 national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "C," as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit F. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Contract to an employment contract. It is recognized that Contractor may or will be performing work during the Term for other parties; provided, however, that such performance of other work shall not conflict with or interfere with the Contractor's ability to perform the Work. Contractor agrees to resolve any such conflicts of interest in favor of the City. 7. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of 5 1 /2020 damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $1,000,000 for bodily injury, including personal injury or death and property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, 6 1 /2020 employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, attached hereto as Exhibit "D" and incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHAIWISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street 7 1 /2020 intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 11. PREVAILING WAGES 11.1 Wages of Employccs. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, work persons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "E" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 11.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 11.3 Reportiniz Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 11.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 8 1 /2020 12. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. 13. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 14. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 15. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 16. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 17, CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 17.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state 9 1 /2020 excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 17.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first -tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 17.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 18. GENERAL PROVISIONS 18.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 18.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 18.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 18.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 18.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 10 1 /2020 18.6.Attomey Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 18.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 18.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 18.9 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 18.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 18.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 18.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 18.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 18.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. 11 1 /2020 APPROVED AS TO FORM: ��- 9&� - �ar J. Ryan all, City Attorney CITY OF FEDERAL WAY: W Hutton, 325 8th A, Federal Way, W4 98003-6325 ATTEST: h nie Courtney, CM , City Clerk 12 1 /2020 WILCO CONSTRUCTION LLC: By: Its: "j-, r jW (Address) (Phone) STATE OF WASHINGTON ) ss. COUNTY OFn On this day personally appeared before me tome known to be the r of L'__�Ico 0 C: that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN m hand and official seal this 20Dj y i � day of � �t1 U (� 1 CV__bt_"► NbWy Public . r Z State of Wwhkoon Und Linda Gf3.tgnrrer commission Fires Notary (typed/printed name of notary) Notary Public in and for the Stale o Washington. L_m_ My commission expires l C Z Z. 13 1 /2020 EXHIBIT A SCOPE OF WORK Install prefabricated gates at Celebration Park four (4) sets and Town Square Park two (2) sets for a total of six (6) double gates, twelve (12) pivot posts and twelve (12) posts for securing gates in open position. Cut and remove one curb at Celebration Park and cut and remove one curb at Town Square Park in order to install the gates. Concrete base for post to be constructed as per the attached drawing or equivalent. Contractor is to clean and remove all construction debris. Prefabricated gates, posts and hardware are to be provided by the City of Federal Way. 14 1 /2020 (Afu EXHIBIT B PROJECT NUMBER PROJECT TITLE CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER EFFECTIVE DATE SUMMARY OF PROPOSED CHANGES: CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑No ❑ Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE 15 1 /2020 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY INCREASED DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE 16 1 /2020 TO: EXHIBIT C NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT SIC �0V1 s�(�� QN6 (Name of Union or Organization) L L(- The undersigned currently holds contract(s) with i''t �'c �e �� W(,-A involving funds or credit of the City of Federal Way, Washin n, or (a) subcontracts) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to' the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. ( ontractor or subcontrac 1 t � l Date 17 1 /2020 CERTIFICATE OF LIABILITY INSURANCE DArE)rILTaD+YYYYr 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDMONAL INSURED, the >oficyl leaf must have ADDR{ONAL INSURED yro"orm or be endorsed N SUBROGATION 16 WAIVED, subject to the wrens wNl condltlww of the policy, corteln policies may require an ondwswnsnt, A statement on this caThfica{e does not con4ef nghts SD the CCftlftcate holder In lieu of such endars ment(sl. PRDOLI?:i.'R UlamhmIti Imuramc 71117 27111 Y>,tst ate ; L �ivzrsla' I'la:e AY 'IKlnr, KAwr kiLlodY It«'rr_r i _Nu. '_IIUNIslo'laI I rA'!r IkH- AnDREss mel,":iY✓.•h>Itrncr.bn-swmDrlce.wm 14SUREJ4 11 ACFORDera COVERAGE talc P Iii"Ar'll A I Ieuwn ( r, TIls i omp4m 42J741 INsuRCD %4 daI Cwlstruowu L Ic 1424A .RII STREET C T 51 t'NI YLIRM I Pl. M. E L\',1 'IK:n7 INSIRiER a I lnited Finuui:d Lasualti LeirfunY i T l PISUREA C IINiOgER D INSURER E INSURER F COVERAGES CERTIFICATE NUMER. REWSION NUMBER: THIS IS TO CERTIFY THAT THE PCL ICES OF INSURANCE L'STF"D B-11-CAN HAVE BEEN IS5VFD TO THE INSLAEb NAMED ABOVE FOR THE PC( ICY PERIOD INOICATLU NUT/gTr61ANDING ANY RCCJUn+LA1LN' TLRW OR CCNUTPON Of ANY CONTRACT UH OTHLR DOCUFJLNT Willi RLSPLCT TO Y11101 TsIU CERTIFICATE MAY BE:SSUED OR AIAY PERTAN THE INSURANCE AFFORDED BY THE POLICIES CESCRIBED HEREIN r5 SUBJECT TO ALL THE TERMS EXCLVSICJNS AND COl DIfTIO .8 OF 5UCr POLIOES L FATS SHpwN ► AY HAVE BEEN REDUCED BY PAID rI_AI 3 rim LT" TTFE Or INNLVtA?i= 5D SWD POLICY NUMBER iwkm'YYY'r1 IltMIOCIYYYYI LItIRS x COMMIMCLAL GENNAAL LIANLrrY �CLNU=UAC£ 7C:,7Lk N H_'IIAi N 1 _1ii{NI il_' Ih IU21i O_ It, 21I21 EACH OCOJAF£NCE S I,IJUU.IJIJIJ PNr NI:rSiTw ncc.mno S III0,0471) WED EXP,M,xe w,,: q S i,IN)U _ NL Ar CAEGArE 1LLg1W�(r APPLIES as ^P'X'Gr I►1,JK7 �LOC ^CTyEk PErSONAL A AC', 14JLFC' S 11AI.IA41 CENEAAL AGGREGA-E S 2.111JU.IHH) PROCIrT3 COUPLE ACC_ S „UUUJNiU I Il AUTGMOEME LIAIIILITY �MIY AUTC: y yLU a)ST'tUJIF.Y X 4u 1 A17W hNEi •�J,I,ITLV :�N.y 4uY06 O'0. ti Li54hA_'ii-11 I'_11; �I.��U IV,Ui'II'I Ilrr riyf.n L I I.IH)11,1NJ1) FUXIN YIHAIRY Jr.; ­I n'ML Y FLAIRY IPKa 11.*, S IIP�rira-�I�rr� S f UMRCLLA ILAR CICCSS CLAs Cr lLR CLVUS DACE EACH OCCURRENCE S AG:FECATE S DE7 RETEN-n0%S S IFa11tE1[S N WO EMPLOVERS UABLITY YIN ur+ lIC44CL I L)KO-AM I YLn,E%ELU'IVt J1rICL.14M[UCGIr[/11LLLta' ❑ N�dMorY In NNI I(._ 9IPT ON y,FIPTOA CF CaEgnTOAE [dc� N"L u•,ill,l1!IIx+Luhlll'i II'_Ih?I;?Ij Q_Ih_'U'_I y " /� ST4TilTr f4 EL EAry1/1,CICErf' i I.I:UU,INN) EL DEEA.SE EA EA'FtCYFEE S l.l%IfU.Ik1U EL CI %E A_E RJLG•LWIT S LIJ111),INlli DESCRIPTION CP CPEIIATIONS I LOCATIONS a VEHICLES IACORO 1D1 Addem l Rbr A• SdmduY, m" La •RLCRfd f Iron fpfr• 1■ Iurp1lndl L crEil Lulc !w,Ula a dlso IlurnL\1 .Is ,I:LIuluml CP"SICATH HOLDER CANCELLATION SHOULD ANY OF THC ABOVE DESCRMED ►OUCES BE CANCELLEO KFORE THE EXPIRATION DATE THEREOF, NOTICE YRLL BE DELIVERED W l .1Y ur Ir kl sl 54 ,11• ACCORDANCE MATH THE POLICY PROVISIONS 7i 1]i ;Ilk. AN e 5 AUTHORRED M"tSCRTATIYE A{r•:N{ K{l'-c+ i cdeml A 15 WA vv,10 C IOU-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (201 f11'09) The ACORD name and logo wen registered marks of ACORD Department of Labor and industries Contractor's Registration Section PO Box 44450 r Olympia WA 98504- 450 c UBI No. 604090060 _ Registration No. WILCOCL832LL CONTINUOUS CONTRACTOR'S SURETY BOND Bond No. NAV00016182 Required by the Contractor's Registration Act RCW 18.27 (MUST BE TYPED) WILCO CONSTRUCTION LLC doing business as as Principal, and NAVIGATORS INSURANCE COMPANY a corporation organized and existing under the laws of the State of NEW YORK and authorized to transact surety business in the State of Washington, as Surety, by this bond bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally, to pay the State of Washington $6,000 dollars lawful money of the United States of America. The Principal has applied for a Certificate of Registration, from the Contractor's Registration Section of the Washington State Department of Labor and Industries, to carry on the business of a contractor in the State of Washington. The Principal is required by chapter 18.27 of the Revised Code of Washington (RCW) to furnish a bond in the penal sum of $6,000 dollars with good and sufficient surety. The bond must be conditioned as required by RCW 18.27.040. If the Principal, in compliance with the provisions of chapter 18.27 RCW, pays all (1) wages and benefits to persons furnishing labor to the Principal, (2) amounts that ay be adjudged against the Principal by reason of breach of contract including negligent or improper work in the conduct of the contracting business, (3) persons who fumish labor and materials or relit or supply equipment to the Principal, and (4) taxes and contributions due to the State of Washington, the obligation of the Principal and the Surety shall be null and void. If the Principal does not pay the above claims, the bond shall remain in fill force and effect. In no case shall the Surety be liable for any claim not included in RCW 18.27.040. Any person that has a claim against the Principal, arising from the failure of the Principal to pay any of the four items referred to in paragraph 3, may bring suit upon this bond in the superior court of the county in which the work was done, or of any county in which the court has jurisdiction over the Principal. The suit must be brought within the time and the manner required by RCW 18.27.040. The aggregate liability of the Surety under this bond for claims against this bond shall not exceed the penal sum of this bond. No extension by continuation certificate, reinstatement, reissue, or renewal of this bond shall increase the liability of the Surety. If the claims against the bond that are pending at any one time exceed the remainder of the aggregate liability minus the amounts previously paid by the Surety because of other claims against this bond, the claims shall be satisfied in accordance with the provisions of RCW 18.27.040. This bond shall become effective on 02 / 16 / 2020 and shall be void if not filed with the Contractors Registration Section by 04 / 16 / 2020 and shall remain in force continuously unless the Surety gives written notice to the Director of Labor and Industries of its intent to cancel the bond. A cancellation or revocation of the bond or withdrawal of the Surety from the bond suspends the registration issued to the regisnwt until a new bond or reinstatement notice has been filed and approved as provided in the statute. IN WITNESS OF THIS CONTRACT, the Principal and surety have affixed their bands and seals this date: 11 / 04 / 2020 Principal's Name Surety's Name and Seal WILCO CONSTRUCTION LLC NAVIGATORS INSURANCE COMPANY BY: BY: /i 1onlro _ S �aviyamry �crs sue. pPBk,l i� u �.SEAL:� F625-003-M surety bond 1-08 EXHIBIT E PREVAILING RATE OF WAGE (SEE ATTACHED). 19 1 /2020 County Trade Job Classii Wage Holiday Overtime Notes King Fence Erec Fence Erec $44.40 7A 4V 8Y King Fence Erec Fence Lab( $44.40 7A 4V 8Y WAC 296-127-01328 Fence erectors and fence laborers. For the purpose of the Washington state public works law, chapter 39.12 RCW, fence erectors and fence laborers erect and repair metal and wooden fences and fence gates around industrial establishments (schools, playgrounds, etc.), residences, farms and along highways using power tools and hand tools. The work of the fence erectors includes, but is not limited to: (1) Fence erector. • Lays out fence line, using tape measure, and marks for post - holes. • Digs postholes with mechanical posthole digger or power -driven auger. • Aligns posts, using line or by sighting along edges of posts. • Verifies vertical alignment of posts with plumb bob or spirit level. • Attaches fence -rail support to post, using hammer and pliers. • Cuts metal tubing, using pipe cutter, and inserts tubing through rail support. • Completes top fence rail of metal fence by connecting tube sec- tions, using metal sleeves. • Attaches rails or tension wire along bottoms of posts to form fencing frame. • May weld metal parts together, using portable gas welding equipment. • Stretches wire, wire mesh, barbed wire, or chain link fencing between posts and attaches fencing to frame. • Assembles gate and fastens in position, using hand tools. • Saws required length of lumber to make rails for wooden fence. • Nails top and bottom rails to fence posts, or inserts them in slots on posts. • Nails pointed slats to rails to construct picket fence. • Erects alternate panel, basket weave, and louvered fences. (2) Fence laborer. In addition to assisting the fence erector in the performance of the tasks described above, the work of the fence laborer includes, but is not limited to: • Digs holes for posts with spade or posthole digger. • Blasts rock formations with dynamite to facilitate digging of holes. • Sets metal or wooden posts in upright position in holes. • Mixes concrete by hand or by use of a cement mixer. • Pours concrete around base of posts or tamps soil into holes to embed posts. • All the cleanup required in connection with the erection of fences. [Statutory Authority: Chapter 39.12 RCW, RCW 43.22.270 and 43.22.051. WSR 00-15-077, § 296-127-01328, filed 7/19/00, effective 7/19/00.] Certified on 10/25/2019 WAC 296-127-01328 Page 1 EXHIBIT F TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 20 1 /2020 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. 21 1 /2020