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AG 21-098 - PRECISION CONCRETE CUTTINGRETURN TO: PW ADMIN EXT: 2700 ID #: 3855 / 3919 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF Pk:R50N: Desiree Winkler EXT: 3. DATE REQ. BV- 3. TYPE OF DOCUMENT (CHECK ONE): In CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 4. PROJECT NAME: Concrete Beveling Service - Trip Hazard Repair 5. NAME OF CONTRACTDR: Precision Concrete Cutting ADDRESS; 5624 128TH ST E. PUYALLUP, WA, 98373-5160 TELEPHONE: E-MAIL: FAX- SIGNATURENAME: Matt HaneV TITLE: President 6. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # , EXP. 7. TERM: COMMENCEMENT DATE: TBD COMPLETION DATE: 12/31 /21 8. TOTAL COMPENSATION: $ 35,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES d NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: q RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: 101-4400-240-542-50-480 9. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIVISION MANAGER d DEPUTY DIRECTOR DSW 2/16/21 DSW 5/13/21 A DIRECTOR EJW 319/2021 EJW 5/19/2021 ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW DEPT ER 2/23/21; ER 3/2/21 ER 5/1912021 10. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: 5/3121 COMMITTEE APPROVAL DATE: 5//3//221 I /J SCHEDULED COUNCIL DATE: 5/18/21 COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC' D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ 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.) INFUAL I DATE SIGNED ❑ FINANCE DEPARTMENT /LAW DEPT X SIGNATORY (MAYOR OR DIRECTOR) /CITY CLERK 74— j s� SIIGNED AG # AG# SIGNED COPY RETURNED DATE SENT: COMMENTS: EXECUTE" " ORIGINALS 1/2020 41k CITY Federal of Way RID AND CONTRACT DOCUMENTS AND SPECIFICA TIONS FOR CONCRETE SIDEWALK BEVELING —TRIP HAZARD REMOVAL RFR # 21-004 City of Federal Way Public Works Department 33325 Eighth A venue South Federal Way, WA 98003 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONCRETE SIDEWALK BEVELING — TRIP HAZARD REMOVAL RFB # 21-004 Quotes Accepted Until 2:00 p.m., April 15, 2021 Prepared By: Public Works Department CITY OF FEDERAL WAY, WASHINGTON City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 2 2021 RFB ver. 9-18 TABLE OF CONTENTS PAGE NOTICETO CONTRACTORS.......................................................................................... 4 BIDDER'S CHECKLIST................................................................................................. 6 SECTION 1: INSTRUCTIONS TO BIDDERS.................................................................. 8 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS ............................. 15 NO BID RESPONSE FORM (Attachment A)................................................................. 21 BIDFORM (Attachment B)......................................................................................... 22 BIDSIGNATURE PAGE (Attachment D).................................................................... 25 SUBCONTRACTOR LIST (Attachment F)................................................................... 27 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G)....................... 28 CONTRACTOR'S COMPLIANCE STATEMENT (Attachment H)..................................... 30 CONTRACTOR CERTIFICATION — WAGE LAW COMPLIANCE (Attachment I) .............31 PUBLIC WORKS MAINTENANCE AGREEMENT (Attachment 3)................................. 32 (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 APPENDIX A Scope and Specifications................................................... WHITE PAGES City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 3 2021 RFB ver. 9-18 NOTICE TO CONTRACTORS CONCRETE SIDEWALK BEVELING — TRIP HAZARD REMOVAL RFB # 21-004 The City of Federal Way extends this invitation to bid to selected contractors listed with the MRSC Small Works Roster. This protect is a small public works protect and will be awarded under the small works roster process. PURPOSE: The City of Federal Way ("City") is requesting quotes for the Concrete Sidewalk Beveling — Trip hazard Removal contract. Quotes will be received via email only to PW_Bids@cityoffederalway.com on April 15, 2021 at 2:00 P.M. PST. Quotes received after that time and date will not be considered. DESCRIPTION OF WORK: This project shall consist of: Concrete sidewalk beveling to remove trip hazards on sidewalks throughout the city right-of-way and city -owned property. This will be a public works maintenance contract anticipated to be between $35,000 and $100,000 annually. The Contractor shall complete all work within 30 working days after issued a Task Order. 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 Desiree Winkler, Deputy Public Works Director, by email at desiree.winkler@cityoffederalway.com. The questions must be received by the City on or before Tuesday, April 13, 2021 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 (specifications, addenda, and Bidders List) is provided to Prime Bidders that are invited to bid on this project. 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 against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 4 2021 RFB ver. 9-18 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, 2021. RESERVATION OF RIGHTS: The City,of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 5 2021 RFB ver. 9-18 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. Bid Schedule (Attachment C) Not Used Bid Signature Pa a (Attachment D) The Bid Signature Page shall be filled in and fully executed by the bidder. 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. 1�( Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. CONTRACTOR CERTIFICATION — WAGE LAW COMPLIANCE (Attachment I) This form must be filled in and fully executed by the bidder. d Contractoes Certificate of Rem— ration The bidder shall provide a copy of Contractor's current registration with the State of Washington. C.ontractWA State Identification Number The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 6 2021 RFB ver. 9-18 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 A reement (Attachment J) The successful bidder will fully execute and deliver to the City the Public Works Maintenance Agreement for Concrete Sidewalk Beveling — Trip Hazard Removal Project ("Contract'l from these Bid Documents. ❑ Performance Payment Retaina a Bond (Exhibit C) The successful bidder will provide a bond on form provided. ❑ 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. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 7 2021 RFB ver. 9-18 SECTION 1: INSTRUCTIONS TO BIDDERS 1-1 Time and Place for Submission of Bids The City of Federal Way ("City") is requesting quotes for the Concrete Beveling — Trip Hazard Removal Project. Quotes will be received via email only to PW_Bids@cityoffederalway.com on April 15, 2021 at 2:00 PM (PST). Quotes received after that time and date will not be considered. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. 1-2 Bid Form Bids shall be made on the "Bid Form," Attachment "B" issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1-3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself/herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1-4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. 1-5 Modification of Bid 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. 1-6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 8 2021 RFB ver. 9-18 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 provided 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 with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this 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 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 Desiree Winkler, Deputy Public Works Director, by email at desiree.winkler@cityoffederalway.com. The questions must be received by the City on or before Tuesday, April 13, 2021 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 practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 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 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 bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. 1-10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 9 2021 RFB ver. 9-18 1-11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and/or responsibility necessary to perform the work after considering the elements in Section 1-14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1-12 Alterations to Documents Prohibited Any addition, limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1-13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non -Collusion (Attachment G) with their bids. 1-14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible bidder as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by the bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. B. Responsibility — The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: 1. Mandatory Bidder Responsibility Criteria a. Have a current certificate of registration as a contractor in compliance with City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 10 2021 RFB ver. 9-18 chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; C. If applicable: i. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). e. 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 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of 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." c. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. 3. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 11 2021 RFB ver. 9-18 regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance with contract documents; management of submittals process, contract amendments, and close-out. c. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(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 issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid — The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. 1-15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and/or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1-16 Bid Documents Bidders are required to submit with the bid package the following: A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Not used. D. AttachmentD— Bid Signature Page. E. Attachment E— Not used. F. Attachment F— Subcontractor List. (May Not Apply) City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 12 2021 RFB ver. 9-18 G. Attachment G— 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. 1-18 Bid Security n/a The City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance/payment bond are executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1-19 Performance/Payment Bond The bidder to whom the City has awarded this Contract will remove the Performance/Payment Bond (Exhibit G) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100%) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 13 2021 RFB ver. 9-18 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 way affect or alter the liabilities of the Contractor to the City under Section 8 "Indemnification" of the Public Works Contract. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1-20 Bid Dispute A. Any actual or prospective bidder, including sub -contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of \bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way 33325 8th Avenue South Federal Way, Washington 98003-6325 Attention: Bid Protest -- Concrete Sidewalk Beveling - Trip Hazard Removal RFB # 21-004 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 City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 14 2021 RFB ver. 9-18 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 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 2-1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Desiree Winkler, Deputy Public Works Director. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Desiree Winkler, Deputy Public Works Director, for response. 2-2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. 2-3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, Concrete Sidewalk Beveling — Trip Hazard Removal Contract, General Contractual Terms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Technical Specifications, Addenda and Contract Amendments, and the Concrete Sidewalk Beveling — Trip Hazard Removal Scope and Specifications. The contract documents are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. In the event of any conflicting provisions or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2-4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be paid by the Contractor to the City on demand and may be deducted by the City from any City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 15 2021 RFB ver. 9-18 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 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 required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written 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 analysis 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 after final payment under this contract. 2-6 Work and Materials Omitted The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral contract amendment adjusting the price and the delivery schedule. 2-7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2-8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 16 2021 RFB ver. 9-18 2-9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least 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 or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2-10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2-11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. 2-12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2-13 Hazardous Chemical Communication In order to comply with WAC 296-62-054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 17 2021 RFB ver. 9-18 2-14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Section 1.3 of Attachment ], Public Works Contract, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2-15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2-16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data', shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2-17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, together with its officers and employees, harmless against any and all City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 18 2021 RFB ver. 9-18 demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2-18 Disputes, Claims and Appeals 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 claim. The Purchasing Coordinator will ordinarily respond to the Contractor in writing with a 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 decision, 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. All claims, counterclaims, disputes and other matters in question between the City and the Contractor that are not resolved between the Purchasing Coordinator and the Contractor will 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 Washington. Pending 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 claim, shall operate as a release of that claim and a presumption of prejudice to the City. 2-19 Recycled Products The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 19 2021 RFB ver. 9-18 In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post -consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi -component or multi - material products shall verify the percentage and type of past -consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 20 2021 RFB ver. 9-18 AttachmentA NO BID RESPONSE FORM When submitting a "No Bid," mail this completed form to Federal Way Purchasing, 33325 8th Avenue South. Federal Way, Washington 98003-6325. Be sure the form is in a sealed envelope with the bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1-1. Failure to return this form if not submittin a formal bid,. -may result in your firm beiric i removed from the Ci 's master bidder's mailing list. Bid Number: RFB No. 21-004 Bid Title: Concrete Sidewalk Beveling — Trip Hazard Removal ❑ Cannot comply with specifications. ❑ Cannot meet delivery requirement. ❑ Do not regularly manufacture or sell the type of commodity involved. ❑ Other (please specify). Explanation of reason(s) checked: Check one of the following: ❑ WE DO ❑ WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. Firm Name: Address: Signature Name (Type or Print) Date Title Phone: City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 21 2021 RFB ver. 9-18 Attachment 0 BID FORM CITY OF FEDERAL WAY Concrete Sidewalk Beveling — Trip Hazard Removal Contract (RFB #21-004) l BID FORM Bidder: �r8ci4 m n Can! rp.� Cu 91 ..n Date: Item # Description Est. Qty. Unit of Measurement Unit Price Extended Price 1 Sidewalk Repairs 1/4" to 1/2" 300 Inch Feet 3 DO 2 Sidewalk Repairs over 1/2" to 2" 200 Inch Feet , y( Oct zoo TOTAL 000 To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 Pursuant to and in compliance with your advertisement for bids for construction of CONCRETE SIDEWALK BEVELING -- TRIP HAZARD REMOVAL PROJECT 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 CONCRETE SIDEWALK BEVELING — TRIP HAZARD REMOVAL PROJECT, 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 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. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 22 2021 RFB ver. 9-18 Receipt of the following Addendums is hereby acknowledged: Addendum No. Date Issued: Addendum No. Date Issued: Addendum No. Date Issued: C6 r 00 r 4-1 ee- j�j,C2 t1 Cr o n Corporati n/Partnership/Individual Firm Name (Delete Two) (U3 OZ� Z�L Bidder's State License No Signature (Y4_3VO7 39 V Bidder's State Tax No. Title City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 23 2021 RFB ver. 4-18 Attachment C Not applicable City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 24 2021 RFB ver. 9-18 Attachment D BID SIGNATURE PAGE Date: 9 A 1 The undersigned bidder hereby proposes and agrees to deliver the equipment and/or services pursuant to the Concrete Sidewalk Beveling — Trip Hazard Removal Project and comply with all other terms and conditions of the contract and bid documents of RFB 21-004. No bidder may withdraw his/her bid for a period of ninety (90) days after the day of bid opening. 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. C 6 nac'AtcI� C0?1G,=.-4 C".gr Corporati n/Partnership/Individual Company (Delete Two) By: (Signature) I Pririnked Name) Its: _1 !� (Title) 3191 (Address) GI 3 3 606cv (Telephone Number) City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 25 2021 RFB ver. 9-18 Attachment E NOT USED City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 26 2021 RFB ver. 9-18 Attachment F SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 Concrete Sidewalk Beveling — Trip Hazard Removal Contract 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 RCW, 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 NAME ITEM NUMBERS ESTIMATED AMOUNT WMBE QUALIFIED? Y/N City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 27 2021 RFB ver. 9-18 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 I, 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 City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 28 2021 RFB ver. 9-18 DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five-year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non -Collusion Affidavit, Assignment of Anti -Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit, Affidavit of Eligibility, and Certification of Lawful Employment. Concrete Sidewalk Beveling — Trip Hazard Removal Project Name of Bidder's Firm Z&::� �_ e::�� Signature of Authorized Representative of Bidder Subscribed and sworn to before me this qt�N day of v ii k 260. �`tiasonc��,_ (printed/typed name of notary) -'' Notary Public in and for the State of Washington ,n q My commission expires: I t I221-4D2A �i o 'AL per. ��np�p„asyt City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 29 2021 RFB ver. 9-18 Attachment H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: This statement relates to a proposal contract with the City of Federal Way named Concrete Sidewalk Beveling — Trip Hazard Removal Project I am the undersigned bidder or prospective contractor. I represent that: I [b 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. ��C'•Ci�51 do COnGre � L.�Gs ��i�c� Name of Bidder By: Ze4d Z;4/ ignature Its, U Title 317/ Address City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 30 2021 RFB ver. 9-18 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 C.C.rjdn ( -"' 7-I Name of Contractor/Bidder — Print Full Legal Entity Name of Firm .. _ BY: _ ZZ �d Signahare of Authorized Person kr;nt Name of Person Making Certifications for Firm Name: Title: Vp Place: Pl 1 -�1a4z.(m,-16117 Title of Person Signing Certificate Print City artdjtate VV e; a Signed Date: L/Z Z City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 31 2021 RFB ver. 9-18 CITY of CITY HALL Fe d le ra ! Wa 33325 Avenue South � Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com Attachment 1 PUBLIC WORKS MAINTENANCE AGREEMENT FOR Concrete Sidewalk Beveling — Trip Hazard Removal Project This Public Works Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Precision Concrete Cutting, Inc., , a Washington Foreign Profit Corporation ("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: PRECISION CONCRETE CUTTING, INC.: Matt Haney, President 3191 N. Canyon Road Provo, UT 84604 801.830.4060 WAAdmin(a,safesidewalks.com The Parties agree as follows: CITY OF FEDERAL WAY: Desiree' S. Winkler, P.E. Deputy Public Works Director 33325 8th Ave. S. Federal Way, WA 98003-6325 253.835.2711 desiree. .com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2022 ("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 the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 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 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 (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 begin to City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 32 2021 RFB ver. 9-18 CITY of CITY HALL At Fe d e ra I M a 33325 8th Avenue South �� Y Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahvay com 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 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. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit `B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit `B," the 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, and any hourly labor charge rate for such personnel. 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 the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the 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. 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 reserves 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, City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling— Trip Hazard Removal Page 33 2021 RFB ver. 9-18 CITY OF CITY HALL IftFe d e ra I Wa 33325 Avenue South �� Federall Way. WA 98003-6325 (253) 835-7000 �vww cityoffederalway corn materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. 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 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, 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 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, 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, 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 damages 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 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 work 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 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 City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 34 2021 RFB ver. 9-18 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahyay corn way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 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- 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, 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. 5.4 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. 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, 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: 6.1. 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, 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 aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liabilfty. 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 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. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 35 2021 RFB ver. 9-18 CITY OF CITY HALL Federal Wa F3325 8th Avenue South �� Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 subject to applicable laws. Breach of confidentiality 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 which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR 1 EMPLOYEE CONDITIONS. 10.1 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 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 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 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 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 the site for the protection of its employees and the public, safe City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 36 2021 RFB ver. 9-18 CITY OF 00�1 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 vvww ciryoflederalwaV com passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the 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 responsible 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 Employ. This Agreement 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, workers 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 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. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 37 2021 RFB ver. 9-18 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www dtyoffederalway com 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 evaluating the Contractor's performance. 12. EQUAL OPPORTUMTV EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by 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 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. 13. GENERAL PROVISIONS. 13.1 Inte retation 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. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 38 2021 RFB ver. 9-18 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www crryoffederalway.com 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, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the 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. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and 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 original and with City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 39 2021 RFB ver. 9-18 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 40 2021 RFB ver. 9-18 CITY OF CITY HALL Federal Wa 8th Avenue South � Feder Federal Way, WA 98003-6325 (253) 835-7000 www. cihroflederoAaoy- com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: AFerr , Mayor DATE: 7 -.D'I PRECISION CONCRETE CUTTING, INC.: By:S Printed Name: Title: DATE: STATE OF WASHINGTON ) ss. COUNTY OF 1 C } ATTEST: [/*Aw&&Aq6 - kwfihWnie Courtney, CMC, City le APPROVED AS TO FORM: ­�_Ow J. Ryan Call, City Attorney /� Onthis day personally appeared before me Co f" E1( c Yi . to me known to be the &St S V- Mwr, of l i tCO uffiviC that executed the foregoing instrument, and acknow%dged the said instrument to be the free and volu ary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this O` day of SUY1f, 202i Notary's signature �evy G;f' ,6 ...,. Notary's printed name —t l :. •;,yeian�� Notary Public in and for the �State of Washington. ��. r�OixR� .��•; My commission expires �g PUBLIC City of Fete RFB # 21-004 Concrete S�e�r,�'rip Hazard Removal Page 41 2021 RFB ver. 9-1$''r • r„ +,<<„++ CITY 4F CITY HALL Federal 1Na Feder l Avenue South Federal Way, WA 98003-6325 �� (253) 835-7000 mvw crlyoffederahvay corn EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: 1) Precision Concrete Cutting, Inc. ("Contractor") shall provide on -call concrete beveling — trip hazard repair services ("Services") as requested by the City of Federal Way ("City"). The Services may be requested in various project locations throughout the City. Upon identification of a project by the City, the City and Contractor will negotiate scope and schedule for the specific project which will be included in a Task Order. A Task Order is work defined on a Task Order form. The "Task Order form is attached as "Exhibit A-1." The Task Order will also include the budget based on estimated quantities and associated unit prices shown in Exhibit `B." The City is not obligated to assign any specific number of tasks to the Contractor and the City and Contractor's obligations hereunder are limited to the tasks assigned in written Task Orders. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 42 2021 RFB ver. 9-18 CIT Federal Way EXHIBIT A.1 TASK ORDER FORM CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wwwWyoffederalway com TASK ORDER No. Date: Contract Name: Contract Number: Description of work: Estimated Costs: Original Contract Total Task Costs To This Task Order Contract Remaining Value: Date: Estimate Cost: City of Federal Way Concrete Sidewalk Beveling — Trip Hazard Removal Page 43 RFB # 21-004 2021 RFB ver. 9-18 CITY of CITY HALL ANINFederal Wa 33325 Avenue South �/ Federall Way, WA 98003-6325 (253) 835-7000 www crlyoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) 2. Method of Compensation: Unit Price Plus Sale Tax. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount, calculated on the basis of the unit bid prices as shown on attached bid form plus sales tax. Reimbursable Expenses. The actual customary and incidental expenses incurred by Contractor in performing the Services including traffic control and other reasonable costs; provided, however, that such costs shall be deemed reasonable in the City's sole discretion and shall not exceed Five Thousand and 00/100 Dollars ($5,000.00). City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 44 2021 RFB ver. 9-18 CITY OF CITY HALL Fed a ra I Wa 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com Contractor, Per RCW 39.08.010, EXHIBIT "C" requests city to retain 10% vs. providing a bond CITY OF FEDERAL WAY PERFORMANCE/PAYMENT/RETAINAGE BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and , the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Dollars and no/100 ($ ) 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 , 20 for 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. 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 City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 45 2021 RFB ver. 9-18 CITY OF �AIN. Federal Way CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cllyoffederalwey com 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 day of .20 CORPORATE SEAL OF PRINCIPAL: M. Its: PRINCIPAL (Name of Person Executing Bond) (Title) (Address) (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 , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling— Trip Hazard Removal Page 46 2021 RFB ver. 9-18 4W Federal CITY 01; CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www citWffederatway com CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: J. Ryan Call, City Attorney SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 47 2021 RFB ver. 9-18 CITY OF AN*. Federal Way City of Federal Way Concrete Sidewalk Beveling — Trip Hazard Removal EXHIBIT `°D" Certificate of Insurance Page 48 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoifederahvay. com RFB # 21-004 2021 RFB ver. 9-18 PRECCON-31 VEGGLESTC ACORD" DATE (MM/DD1Y YY) CERTIFICATE OF LIABILITY INSURANCE 6/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jason Gardner _NAME' InfiniTeam Insurance PHONE 80i 748-2825 FAx 39 West 9000 S (Arc, No, Exty: ( ) {qfC, Noj: Sandy, UT 84070o'ss 'aeon arihrokers.com INSURE S AFFORDING COVERAGE I NAIC # INSURERA:The Phoenix Insurance Company 25623 INSURED INSURER e : Travelers Property Casualty Com any of America 26674 Precision Concrete Cutting, Inc INSURER C :The Travelers Indemnity Company of Connecticut 126682 Matthew Haney �14167 3191 N. Canyon Rd. INSURER D: GuideOne National Insurance Company Provo, UT 84604 INSURER E' INSURER F : 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 CONTRACTOR 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. ISR TYPE OF INSURANCE ADDL SUBR I POLICY 9FF POLICY EXP 7 �' N WV POLICY NUMBER ry MID LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'0 DAMAGE TO. RENTED.. 300,0 CLAIMS -MADE 0 ocCUR X 1co-9K038046 5/21/2021 5/21/2022 �„ $ PE.90NAL& ADV INJURY $ 1,000,00 CAE„N'LAGGREGATELIMIT APPLIES PER: POLICY �I JECT LOC OTHER: GENERALAGGREGATE $ 2'000'00 PRODUCTS-COMP/OPAGG $ 2,000,00 $ B AUTOMOBILE LIABILITY X ANY AUTO _ OWNED I SCHEDULED AUTOS ONLY -AUTOS AUTOS ONLY — AUOTO ONLY IB1001_025921 5/21/2021 5/21/2022 DD eI.B�IItlEeDS[NGLE�LIMIT $ 1,000,00 BODILY INJURY EerggMon $ BODILY INJURY IIN]N''JJfURY Per accident) $ d �""n1 MADE $ $ B UMBRELLA LIAB EXCESS LIAB X ,_ OCCUR CLAIMS -MADE �CUP91<050059 5/21/2021 5/21/2022 EACH OCCURRENCE I $ 3,000,00 X AGGREGATE I $ 3,000,00 DED X RETENTION $ 10,000 ,Aggregate S 3,000,00 C WORKERS COMPENSATION ANDEMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE FFICER/MEMBEREXCLUDED? Mandatory in NH) If yes, describe under DESCRIPTION OF -OPERATIONS below NIA X I PER OTH- UB8K743862 5/21/2021 5/21/2022 E.LEACHACCIDEN7 __E.L DISEASE -EA EMPLOYEE ! El Dl EASE -POLICY LIMIT 1,000,0C $ 1,000,00 $ 1,000,0C $ D Pollution Liability IENV662004364-00 2/22/2021 2/22/2022 OCC $1,000,000 / AGG 2,000,OC A Property IC101-91<038046 5/21/2021 5/21/2022 Deductible 1,0C DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) Re: 2021/2022 Contract City of Federal Way is Blanket general liability additional insured on ongoing and completed operations form CGD246 applies. Coverage subject to terms and conditions of policy. Forms attached. City of Federal Way 33325 8th Ave S Federal Way, WA 98003 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured an this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by ')pur work" and included in the "products -completed operations hazard' unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit' is brought against insured does not apply to: the additional insured: CG D2 46 0419 0 2018 The Travelers indemnity Company. All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit' and the date received; and (b) Notify us as soon as practicable and see to It that we receive written notice of the claim or "suit' as soon as practicable. (3) Immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover such additional Insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional Insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., Other Insurance, of Section IV — Commercial General Liability Conditions. Page 2 of 2 0 2018 The Travelers Indemnity Company. Ali rights reserved. CG D2 46 04 19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modfies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any irgury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured — Unnamed Subsidiaries B. Blanket Additional Insured — Governmental Entities — Permits Or Authorizations Relating To Operations PROVISIONS A. WHO IS AN INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION 11— WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declarations is a Named Insured if: a. You are the sale owner of, or maintain an ownership interest of more than 50% in, such subsidiary on the first day of the policy period; and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for "bodily injury' or "property damage" that occurred, or "personal and advertising injury" caused by an offense committed: a. Before you maintained an ownership interest of more than 50% in such subsidiary; or b. After the date, if any, during the policy period that you no longer maintain an ownership interest of more than 50% in such subsidiary. For purposes of Paragraph 1. of Section II — Who Is An Insured, each such subsidiary will be deemed to be designated in the Declarations as: C. Incidental Medical Malpractice D. Blanket Waiver Of Subrogation E. Contractual Liability —Railroads F. Damage To Premises Rented To You a. An organization other than a partnership, joint venture or limited liability company; or b. A trust; as indicated in its name or the documents that govern Its structure. B. BLANKET ADDITIONAL INSURED — GOVERNMENTAL ENTITIES — PERMITS OR AUTHORIZATIONS RELATING TO OPERATIONS The following is added to SECTION 11— WHO IS AN INSURED: Any governmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance, law, building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" arising out of such operations. The insurance provided to such governmental entity does not apply to: a. Any "bodily injury', "property damage" or "personal and advertising injury" arising out of operations performed for the governmental entity, or b. Any "bodily injury' or "property damage" included in the "products -completed operations hazard". CG D316 0219 0 2017 The Travelers Indermity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of "occurrence" in the DEFINITIONS Section: b. An act or omission committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to a person, unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.(1) of SECTION II — WHO IS AN INSURED: Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide: (a) "Incidental medical services" by any of your "employees" who is a nurse, nurse assistant, emergency medical technician or paramedic; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related ads or omissions committed in providing or failing to provide "incidental medical services", first old or "Good Samaritan services" to any one person will be deemed to be one "occurrence". pharmaceuticals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x-ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. 6. The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other bass, that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: a. "Bodily injury" or "property damage" that occurs; or b. "Personal and advertising injury" caused by an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION 1 — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY — RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury' or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or C. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 G 2017 The Travelers Indemnity Company. All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance services Office, Inc., with its permission. 2. Paragraph Q1) of the definition of "insured contract" in the DEFINITIONS Section is deleted. F. DAMAGE TO PREMISES RENTED TO YOU The following replaces the definition of "premises damage" in the DEFINITIONS Section: "Premises damage" means "property damage" to: COMMERCIAL GENERAL LIABILITY a. Any premises while rented to you or temporarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. ' ' CG D316 0219 0 2017 The Travelers Indemnity Company. AN rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: 4T-CO-9K038046-PBX-19 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 05-23-19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LINITI PROVIDED THAT, THE CONTRACT IS SIGNED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE' OCCURS. A. For a8 sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION Q, and for all medical expenses caused by accidents un- der COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds; b. Claims made or "suits" brought; or C. Persons or organizations malting claims or bringing "suits". Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS. 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION Q, and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION Q, which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: CG D2 1101 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "property damage" included in medical expenses shall reduce the amount the "products -completed operations hazard" will available under the General Aggregate Limit reduce the Products -Completed Operations Ag- or the Products -Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit, whichever is applicable; and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit nated Project General Aggregate Limit ':: E. For the purposes of this endorsement the Defini- C. Part 2. of SECTION III — LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following: following definition: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 9 which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products -completed operations hazard" is pro - "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F. The provisions of SECTION 1111 — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS F. HIRED AUTO — UMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11— COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.S., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your CA T3 S3 021S C 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions „ However, any auto that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured" while us- "insured" will make any settlement ing a covered "auto" you don't own, hire or borrow without our consent. in your business or your personal affairs. (iii) may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or in LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in - we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS of SECTION II — COVERED AUTOS LIABIL- LIABILITY COVERAGE. ITY COVERAGE: (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for the reasonable expenses incurred "insured" at our request, including actual with our consent for your investiga- loss of earnings up to $500 a day be- tion of such claims and your defense cause of time off from work. of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included ERAGE — INDEMNITY BASIS within the limit described in Para - The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to make such payments ends when we (5) Anywhere in the world, except any country or have used up the applicable limit of jurisdiction while any trade sanction, ern- insurance in payments for damages, bargo, or similar regulation imposed by the settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less (c) This insurance is not a substitute for re - and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter - partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 0 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc, with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph AA.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1.500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY COMMERCIAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident' or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: The following is added to Paragraph AA., Cover- S. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or "loss", provided that the "accident" or "loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 c 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col - The fallowing is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud; - of cancellation or non -renewal. SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 0 2015 The Travelers Indemnity Compa ny. All rights reserved. CA T3 53 02 15 Includes copyrighted material of insurance Services Office, Inc. with its permission. TRAVFiLFRSWORKERS COMPENSATION AND ONE TOOTER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 43 03 05 (00) - 001 POLICY NUMBER: UH-sx743862-18-26-G UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties. Schedule Designated Person: Designated Organization: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. INCLUDING: DATE OF ISSUE: 05-23-18 STASSIGN: PAGE 1 OF TRAVELERS J� WORKERS COMPENSATION AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 00 03 13 (00) - 001 POLICY NUMBER: vB-eR743862-18-26-0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 05-23-18 ST ASSIGN: PAGE 1 OF AMI Taav�r�� WORKERS COMPENSATION 1'i i. R AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD CT 06183 ENDORSEMENT WC 99 03 76 ( A) - 001 POLICY NUMBER: UB-SR743862-18-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EBECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Polity No. Endorsement No. Insured Premium Insurance Company Countersigned by DATE OF ISSUE: 05-23-18 ST ASSIGN: Page 1 of 1 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products -Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that you agree in a written contract or agreement to include as an additional insured on this Coverage Part is an insured, but only: a. With respect to liability for "bodily injury" or "property damage" that occurs, or for "personal injury' caused by an offense that is committed, subsequent to the signing of that contract or agreement and while that part of the contract or agreement is in effect; and b. If, and only to the extent that, such injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the written contract or agreement applies. Such person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is subject to the following provisions: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits required by the written contract or agreement, the insurance provided to the additional insured will be limited to such minimum required limits. For the purposes of determining whether this limitation applies, the minimum limits required by the written contract or agreement will be considered to include the minimum limits of any Umbrella or Excess liability coverage required for the additional insured by that written contract or agreement. This provision will not increase the limits of insurance described in Section III — Limits Of Insurance. (1) Any "bodily injury", "property damage" or "personal injury" arising out of the providing, or failure to provide, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders or change orders, or the preparing, approving, or failing to prepare or approve, drawings and specifications; and (b) Supervisory, inspection, architectural or engineering activities. (2) Any "bodily injury' or "property damage" caused by "your work" and included in the "products -completed operations hazard' unless the written contract or agreement specifically requires you to provide such coverage for that additional insured during the policy period. c. The additional insured must comply with the following duties: (1) Give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: (a) How, when and where the "occurrence" or offense took place; (b) The names and addresses of any injured persons and witnesses; and (c) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. The insurance provided to such additional (2) If a claim is made or "suit" is brought against insured does not apply to: the additional insured: CIS D2 46 0419 c 2018 The Travelers Indemnity Company. All rights reserved Page 1 of 2 COMMERCIAL GENERAL LIABILITY (a) Immediately record the specifics of the claim or "suit' and the date received; and (b) Notify us as soon as practicable and see to it that we receive written notice of the claim or "suit' as soon as practicable. (3) Irnmedlately send us copies of all legal papers received in connection with the claim or 'suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. (4) Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover such additional insured for a loss we cover. However, this condition does not affect whether the insurance provided to such additional insured is primary to other insurance available to such additional insured which covers that person or organization as a named insured as described in Paragraph 4., O#w Insurance-, of Section IV — Commercial General Liability Conditions. Page 2 of 2 0 2018 The Travelers indemnity Comparry. All rights reserved. CG D2 4611418 CITY OF CITY HALL Fe d e ra 1 Wa Feder l Avenue South �� Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederahvay.com EXHIBIT "E" See Attached Prevailing Wages City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 49 2021 RFB ver. 9-18 Exhibit E Prevailing Wages County Trade Job Classification Wage Holiday Overtime Notes King Flaggers Journey Level $44.40 7A 4V 8Y King King Laborers Air, Gas Or Electric Vibrating Screed ,Airtrac Drill Operator $52.39 $54.01 7A 7A 4V 4V BY 8Y Laborers King Laborers Ballast Regular Machine $52.39 7A 4V 8Y King Laborers Batch Weighman $44.40 7A 4V ;By King (Laborers Brick Pavers $52.39 7A 4V .BY King Laborers Brush Cutter $52.39 17A 4V 18Y King, Laborers Brush Hog Feeder $52.39 17A 4V !BY King Laborers Burner $52.39 7A 4V :BY King Laborers Caisson Worker $54.01 7A 4V iBY (King (King Laborers Laborers Carpenter Tender Cement Dumper -paving $52.39 7A 4V 4V ;BY By $53.35 7A 'King Laborers Cement Finisher Tender $52.39 7A 4V BY King Laborers Change House Or Dry Shack $52.39 7A 14V BY King Laborers Chipping Gun (30 Lbs. And Over) $53.35 `7A 4V BY King Laborers Chipping Gun (Under 30 Lbs.) $52.39 7A 4V BY King jLaborers Choker Setter $52.39 7A 4V BY King I Laborers Chuck Tender $52.39 7A 4V 8Y King Laborers _ Laborers Clary Power Spreader Clean-up Laborer _$S3.35 $52.39 7A 7A 4V 4V 8Y King 8Y King Laborers 'Concrete Dumper/Chute Operator $53.35 7A 14V SY King Laborers ilconcrete Form Stripper $52.39 7A 4V 8Y King Laborers lConcrete Placement Crew $53.35 7A 4V 8Y King Laborers Concrete Saw Operator/Core Driller $53.35 7A 4V BY King Laborers Crusher Feeder $44.40 7A 4V BY King (Laborers Curing Laborer $52.39 7A 4V 8Y King Laborers Demolition: Wrecking & Moving (Incl. Charred Material) $52,39 7A 4V 8Y king _ King Laborers Laborers Ditch Digger Diver $52.39 7A 4V 4V SY 8Y $54.01 7A King Laborers Drill Operator (Hydraulic, Diamond) $53.35 7A .4V 8Y IKing I Laborers Dry Stack Walls $52.39 7A 14V 8Y IKing Laborers Dump Person $52.39 7A 4V BY :King Laborers Epoxy Technician $52.39 7A 4V BY King Laborers Erosion Control Worker $52.39 7A 4V 8Y King Laborers Faller & Bucker Chain Saw $53.35 7A 4V 8Y King Laborers Fine Graders $52.39 7A 4V 8Y King Laborers Firewatch $44.40 7A 4V 8Y King Laborers Form Setter $52.39 7A 4V 8Y King Laborers Gabian Basket Builders $52.39 7A 4V 8Y King Laborers General Laborer $52.39 7A 14V By Kin Laborers Grade Checker & Transit Person $54.01 7A 14V :BY King Laborers Grinders $52.39 7A 4V BY King Laborers Grout Machine Tender 552.39 7A 4V 8Y King (Laborers Groutmen (Pressure) Including Post Tension Beams $53.35 7A 4V ;BY King Laborers Laborers 'Guardrail Erector Hazardous Waste Worker (Level A) $52.39 $54.01 7A 4V 8Y BY King 7A 4V King Laborers Hazardous Waste Worker (Level B) $53.35 7A 4V 18Y King Laborers Hazardous Waste Worker (Level C) $52.39 7A 4V 'BY IKing Laborers High Scaler $54.01 7A 14V ;BY King Laborers Jackhammer $53.35 7A 4V BY King Laborers Laserbeam Operator $53.35 7A 4V ;BY King Laborers Maintenance Person $52.39 7A 4V BY King Laborers Manhole Builder-Mudman $53.35 '7A 4V SY King Laborers Material Yard Person $52.39 '7A 4V 8Y King Laborers Motorman -Dinky Locomotive $53.35 '7A 4V 8Y King Laborers Nozzleman (Concrete Pump, Green Cutter When Using Combination 0 $53.35 7A 14V BY King Laborers Pavement Breaker $53.35 '7A 14V SY King Laborers Pilot Car $44.40 7A 14V BY King Laborers Pipe Layer Lead $54.01 '7A 14V BY King Laborers Pipe Layer/Tailor $53.35 7A 14V By King Laborers Pipe Pot Tender $53.35 7A 14V BY King King Laborers Laborers Pipe Reliner Pipe Wrapper $53.35 $53.35 7A 4V 8Y 7A 4V By King 'Laborers Pot Tender $52.39 7A 4V 8y King. Laborers lPowderman $54.01 7A 4V 8Y King Laborers Powderman's Helper 552.39 7A 4V 8Y Exhibit E Prevailing Wages County Trade Job Classification Wage Holiday Overtime Notes King Laborers Power Jacks $53,35 7A 4V BY King Laborers Railroad Spike Puller- Power $53.35 7A 4V 8Y King King Laborers Raker -Asphalt Re-timberman $54.01 $54.01 7A 7A 4V _8Y 4V Laborers 8Y King Laborers Remote Equipment Operator $53.35 7A 4V 8Y King Laborers Rigger/Signal Person $53.35 7A 4V 8Y King Laborers Rip Rap Person $52.39 7A .4V SY King Laborers Rivet Buster $53.35 7A 4V SY King Laborers Rodder $53.35 7A 4V BY King Laborers Scaffold Erector $52.39 7A 4V 8Y King Laborers Scale Person $52.39 7A 14V 8Y King King Laborers Laborers Sloper (Over 20)" Sloper Sprayer $53.35 7A 4V 4V 8Y SY $52.39 7A King Laborers Spreader (Concrete) $53.35 7A 4V 8Y King Laborers :Stake Hopper $52.39 7A 4V 8Y King Laborers Stock Filer $52.39 17A 4V 8Y King Laborers Swinging Stage/Boatswain Chair $44.40 7A 4V 8Y King Laborers 'Tamper & Similar Electric, Air & Gas Operated Tools $53.35 7A 14V SY King. Laborers 'Tamper (Multiple & Self-propelled) $53.35 7A 4V BY King King Laborers Laborers 'Timber Person - Sewer (Lagger, Shorer & Cribber) Toolroom Person (atJobsite) $53.35 7A 7A 4V 4V 8Y 8Y $52.39 King Laborers Topper $52.39 7A 4V 8Y King. Laborers Track Laborer $52.39 7A 4V BY King Laborers Track Liner (Power) $53.35 7A 4V BY King Laborers Traffic Control Laborer $47.48 7A 4V ;9C King Laborers Traffic Control Supervisor $50.31 7A 4V 9C King Laborers Truck Spotter $52.39 7A 14V 8Y King Laborers Tugger Operator $53.35 7A 14V BY King King Laborers Laborers Tunnel Work -Compressed Air Worker 0-30 psi Tunnel Work -Compressed Air Worker 30.01-44.00 psi $129.67 7A 4V !9B 19B 5134.70 7A 4V King Laborers Tunnel Work -Compressed Air Worker44.01-54.00 psi $138.38 7A 4V 96 King Laborers Tunnel Work -Compressed Air Worker 54.01-60.00 psi $144.08 7A 4V 19B King Laborers Tunnel Work -Compressed Air Worker 60.01-64.00 psi $146.20 7A 4V '9B King Laborers Tunnel Work -Compressed Air Worker 64.01-68.00 psi $151.30 7A 4V 19B King Laborers Tunnel Work -Compressed Air Worker 68.01-70.00 psi $153.20 7A 4V '19B King Laborers Tunnel Work -Compressed Air Worker 70.01-72.00 psi $155.20 7A 4V 9B King Laborers Tunnel Work -Compressed Air Worker 72.01-74.00 psi $157.20 7A 4V :9B King Laborers Tunnel Work-Guage and Lock Tender $54.11 7A 4V BY King Laborers Tunnel Work -Miner $54.11 7A 14V ;BY King Laborers Vibrator $53.35 7A 14V BY King (Laborers 'Vinyl Seamer $52.39 7A 14V ;BY King Laborers 'Watchman $40.36 7A 4V BY King Laborers 'Welder $53.35 7A 4V BY King Laborers 'Well Point Laborer 553.35 7A 4V BY King Laborers Window Washer/Cleaner $40.36 7A 4V BY King King Landscape Construction Landscape Construction Landscape Construction/Landscaping Or P.{art{{fig Laborers _ Landscape Operator $40.36 $72.28 7A 7A 4V 3K BY 8X King Landscape Maintenance Groundskeeper $17.87 1 King Power Equipment Operators Asphalt Plant Operators $73,49 7A 3K 8X King Power Equipment Operators .Assistant Engineer $69,12 7A 3K 8X King Power Equipment Operators Barrier Machine (zipper) $72.84 7A 3K 18X 8X King Power Equipment Operators Batch Plant Operator: concrete $72.84 7A 3K 8X (King Power Equipment Operators Bobcat $69.12 7A 3K 8X King Power Equipment Operators Brokk - Remote Demolition Equipment $69.12 7A 3K King Power Equipment Operators Brooms $69.12 7A 3K 8X King Power Equipment Operators Bump Cutter $72.84 7A 3K 8X King Power Equipment Operators Cableways $73.49 7A 3K 8X King Power Equipment Operators Chipper $72.84 7A 3K 8X King Power Equipment Operators Compressor $69.12 7A 3K 8X King Power Equipment Operators Concrete Finish Machine - Laser Screed $69.12 7A 3K 8X King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump $72.28 7A 3K 8X King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $73.49 7A .3K 8X King King (Power Equipment Operators Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m Conveyors $72.84 $72.28 7A 7A 13K 1.3K 8X 8X King Power Equipment Operators Cranes friction: 200 tons and over $75.72 7A 1.3K 8X King Power Equipment Operators Cranes: 100 tons through 199 tons, or 150' of boom (includingjib with $74.22 7A 13K 8X King I Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments 1 $72.84 7A 1.3K 18X Exhibit E Prevailing Wages County Trade I Job Classification Wage Holiday Overtime Notes King Power Equipment Operators Cranes: 200 tons- 299 tons, or 250' of boom includingjib with attachtTli $74.99 7A 3K 8X King Power Equipment Operators Cranes: 300 tons and over or 300' of boom includingjib with attachme $75.72 7A 3K 8X King Power Equipment Operators Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib Cranes: A -frame - 10 Tons And Under $73.49 $69.12 7A 7A 3K 3K 8X King 8X King Power Equipment Operators Cranes: Friction cranes through 199 tons $74.99 7A 3K 8X King Power Equipment Operators Cranes: through 19 tons with attachments, A -frame over 10 tons $72.28 7A 13K 8X Kin Power Equipment Operators Crusher $72.84 7A 13K 8X King Power Equipment Operators Deck Engineer/Deck Winches_(power) $72.84 7A 3K 8X (King Power Equipment Operators Derricks, On Building Work $73.49 7A 3K 8X King Power Equipment Operators Dozers D-9 & Under $72.28 7A 3K 8X King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $72.28 7A 3K 8X King King Power Equipment Operators Drilling Machine $74.22 '7A 3K 8X 8X Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $69.12 7A 3K King Power Equipment Operators Finishing Machine, Bidwell And Gamaco & Similar Equipment $72.84 7A 3K 8X King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $72.28 7A 3K 8X King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $69.12 7A 3K 8X King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $72.84 '7A 3K 8X King Power Equipment Operators Gradechecker/Stakeman $69.12 7A 3K 8X King Power Equipment Operators Guardrail Punch $72.84 7A 3K SX King King Power Equipment Operators Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Ov Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $73.49 7A 3K 3K 8X 8X $72.84 7A King Power Equipment Operators Horizontal/Directional Drill Locator $72.28 7A .3K 8X King Power Equipment Operators HorizontaVDirectional Drill Operator I $72.84 7A 3K 8X King Power Equipment Operators Hydralifts/Boom Trucks Over 10 Tons $72.28 7A 3K 8X King Power Equipment Operators Hydralifts/Boom Trucks, 10 Tons And Under $69.12 7A 3K 8X King Power Equipment Operators Loader, Overhead 8 Yards. & Over $74.22 7A 3K 8X King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $73.49 7A 3K 8X King Power Equipment Operators Loaders, Overhead Under 6 Yards $72.84 7A 3K 8X King King Power Equipment Operators Power Equipment Operators Loaders, Plant Feed Loaders: Elevating Type Belt $72.84 7A 13K 8X 8X $72.28 7A 3K King Power Equipment Operators Locomotives, All $72.84 7A 3K 8X King Power Equipment Operators Material Transfer Device $72.84 7A 3K 8X King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $74.22 7A 3K 8X KingPower Equipment Operators Motor Patrol Graders $73.49 7A 3K 8X King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shi $73.49 7A 3K 8X King Power Equipment Operators Oil Distributors, Blower Distribution & Mulch Seeding Operator $69.12 7A 3K 8X King Power Equipment Operators Outside Hoists jElevators And Manlifts), Air Tuggers, Strato $72.28 7A 3K 8X King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $72.84 7A 3K 8X King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $74.22 7A 13K 8X King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $73.49 7A 3K 8X King Power Equipment Operators Pavement Breaker $69.12 7A 3K 8X King Power Equipment Operators Pile Driver (other Than Crane Mount) $72.84 7A 3K 8X King Power Equipment Operators Plant Oiler - Asphalt, Crusher $72.28 7A 3K 8X King Power Equipment Operators Posthole Digger, Mechanical $69.12 7A 3K 8X King Power Equipment Operators Power Plant $69.12 7A 3K 8X King King Power Equipment Operators Power Equipment Operators Pumps- Water Quad 9, Hd 41, D10 And Over $69.12 7A 7A 3K 3K 8X 8X $73.49 King Power Equipment Operators Quick Tower- No Cab, Under 100 Feet In Height Based To Boom $69.12 17A 3K 8X King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $73.49 7A 3K 8X King Power Equipment Operators Ri er and Bellman $69.12 7A 3K IBX King Power Equipment Operators Rigger/Signal Person, Bellman (Certified) $72.28 7A 3K iBX King Power Equipment Operators Rolla on $73.49 7A 3K ,BX (King Power Equipment Operators Roller, Other Than Plant Mix $69.12 7A 13K 8X King Power Equipment Operators (Roller, Plant Mix Or Multi -lift Materials $72.28 7A 13K BX King Power Equipment Operators Roto-mill, Roto-grinder $72.84 7A 3K ,IBX King Power Equipment Operators :Saws - Concrete $72.28 7A 3K IBX King Power Equipment Operators :Scraper, Self Propelled Under 45 Yards $72.84 7A 3K IBX King Power Equipment Operators Scrapers - Concrete & Carry All $72.28 7A 3K IBX King Power Equipment Operators .Scrapers, Self-propelled: 45 Yards And Over $73.49 7A 3K IBX King Power Equipment Operators Service Engineers - Equipment $72.28 7A 3K IBX King Power Equipment Operators Shotcrete/Gunite Equipment $69.12 7A 3K 8X King Power Equipment Operators Shovel, Excavator, Backhoe, Tractors Under 15 Metric Tons $72.28 7A 13K IBX King _ King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons Shovel, Excavator,. Backhoes, Tractors: 15 To 30 Metric Tons $73.49 $72.84 7A 3K IBX Power Equipment Operators 7A 3K ;8X King I Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $74.22 7A 3K In King I Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $74.99 7A 3K IBX King I Power Equipment Operators Slipform Pavers $73.49 7A 3K IBX Exhibit E Prevailing Wages County Trade Job Classification Wage Holiday I Overtime Notes 'King Power Equipment Operators Spreader, Topsider & Screedman $73.49 7A 3K ;BX King Power Equipment Operators Subgrader Trimmer $72.84 7A 3K ,;BX King Power Equipment Operators Power Equipment Operators Tower Bucket Elevators Tower Crane Up To 175' In Height Base To Boom $72.28 7A 3K In 8X King. $74.22 7A 3K King Power Equipment Operators Tower Crane: over 175' through 250' in height, base to boom $74.99 7A 3K 8X King Power Equipment Operators Tower Cranes: over 250' in height from base to boom $75_72 7A 3K 8X King Power Equipment Operators Transporters, All Track Or Truck Type $73.49 17A 3K IBX King Power Equipment Operators 'Trenching Machines $72.28 7A 3K SX King Power Equipment Operators 'Truck Crane Oiler/driver -100 Tons And Over $72.84 7A 13K 8X King Power Equipment Operators Truck Crane Oiler/Driver Under 100 Tons $72.28 7A 13K BX King Power Equipment Operators jTruck Mount Portable Conveyor $72.84 7A 3K 8X King Power Equipment Operators 'Welder 'Wheel Tractors, Farmall Type $73.49 7A_ 7A 3K 3K 8X King Power Equipment Operators $69.12 8X King Power Equipment Operators 'Yo Yo Pay Dozer $72.84 7A 3K BX King 'Truck Drivers ,Asphalt Mix Over 16 Yards $64.55 5D 4Y 81- King 'Truck Drivers .Asphalt Mix To 16 Yards $63.71 5D 4Y 8L King 'Truck Drivers Dump Truck $63.71 SD 4Y 8L King 'Truck Drivers Dump Truck & Trailer $64.55 5D 14Y 8L Kin 'Truck Drivers Other Trucks $64.55 SD 4Y 8L Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 :******s******•***sss*****s*s**s:s********ss**r*********s****s*************************s*****************.** Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. i. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one-half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The fast ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four - ten hour schedule, shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid atone and one-half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued O. The first ten (10) hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make-up days due to conditions beyond the control of the employer)) shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one-half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. PA Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one-half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one-half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten- hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one-half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. R All hours worked on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one-half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1-1/2) times the regular rate of pay. J. All hours worked between the hours of 10:00 pm and 5:00 am, Monday through Friday, and all hours worked on Saturdays shall be paid at a 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. K. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal 5 am to 6pm shift, and all work on Saturdays shall be paid at one and one-half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays, and all hours worked in excess of twelve (12) hours in a single shift shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until he/she shall have the eight (8) hours rest period. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve (12) hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1-1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1-1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued 4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one-half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one-half (1-1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten-hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four - day, ten hour work week, and Saturday shall be paid at one and one half (I V2) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one-half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All other overtime hours worked, except Labor Day, and all hours on Sunday shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. I. The First eight (8) hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) per day on Saturdays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. J. The first eight (8) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of eight (8) hours on a Saturday shall be paid at double the hourly rate of wage. All hours worked over twelve (12) in a day, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. K. All hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked over twelve (12) in a day Monday through Saturday, and all hours worked on Sundays and Holidays shall be paid at double the hourly rate of wage. 5 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued 4. L. The first twelve (12) hours worked on a Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked on a Saturday in excess of twelve (12) hours shall be paid at double the hourly rate of pay. All hours worked over twelve (12) in a day Monday through Friday, and all hours worked on Sundays shall be paid at double the hourly rate of wage. All hours worked on a holiday shall be paid at one and one-half times the hourly rate of wage, except that all hours worked on Labor Day shall be paid at double the hourly rate of pay. M. All hours worked on Sunday and Holidays shall be paid at double the hourly rate. Any employee reporting to work less than nine (9) hours from their previous quitting time shall be paid for such time at time and one-half times the hourly rate. X All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays, and all work performed between the hours of midnight (12:00 AM) and eight AM (8:00 AM) every day shall be paid at double the hourly rate of wage. O. All hours worked between midnight Friday to midnight Sunday shall be paid at one and one-half the hourly rate of wage. After an employee has worked in excess of eight (8) continuous hours in any one or more calendar days, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of six (6) hours or more. All hours worked on Holidays shall be paid at double the hourly rate of wage. P. All hours worked on Holidays shall be paid at one and one-half times the hourly rate of wage. Q. The first four (4) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday shall be paid at double the hourly rate. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. R. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage, so long as Saturday is the sixth consecutive day worked. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. S. All hours worked on Saturdays and Holidays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays shall be paid at double the hourly rate of wage. T. The first two (2) hours of overtime for hours worked Monday -Friday shall be paid at one and one-half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. For work on Saturday which is scheduled prior to the end of shift on Friday, the first six (6) hours work shall be paid at one and one-half times the hourly rate of wage, and all hours over (6) shall be paid double the hourly rate of wage. For work on Saturday which was assigned following the close of shift on Friday, all work shall be paid at double the hourly rate of wage. U. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one-half times the hourly rate of wage. (Except on makeup days if work is lost due to inclement weather, then the first eight (8) hours on Saturday may be paid the regular rate.) All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued 4. V. Work performed in excess of ten (10) hours of straight time per day when four ten (10) hour shifts are established or outside the normal shift (5 am to 6pm), and all work on Saturdays, except for make-up days shall be paid at time and one-half (1 %z) the straight time rate. In the event the job is down due to weather conditions, then Saturday may, be worked as a voluntary make-up day at the straight time rate. However, Saturday shall not be utilized as a make-up day when a holiday falls on Friday. All work performed on Sundays and holidays and work in excess of twelve (12) hours per day shall be paid at double (2x) the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. When an employee returns to work without a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. W. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. When an employee returns to work without at least eight (8) hours time off since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. X. All hours worked on Saturdays shall be paid at one and one-half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Work performed outside the normal shift of 6 am to 6pm shall be paid at one and one-half the straight time rate, (except for special shifts or three shift operations). All work performed on Sundays and holidays shall be paid at double the hourly rate of wage. Shifts may be established when considered necessary by the Employer. The Employer may establish shifts consisting of eight (8) or ten (10) hours of work (subject to WAC 296-127-022), that shall constitute a normal forty (40) hour work week. The Employer can change from a 5-eight to a 4-ten hour schedule or back to the other. All hours of work on these shifts shall be paid for at the straight time hourly rate. Work performed in excess of eight hours (or ten hours per day (subject to WAC 296-127-022) shall be paid atone and one- half the straight time rate. When due to conditions beyond the control of the Employer, or when contract specifications require that work can only be performed outside the regular day shift, then by mutual agreement a special shift may be worked at the straight time rate, eight (8) hours work for eight (8) hours pay. The starting time shall be arranged to fit such conditions of work. When an employee returns to work without at a break of eight (8) hours since their previous shift, all such time shall be a continuation of shift and paid at the applicable overtime rate until such time as the employee has had a break of eight (8) hours. Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Overtime Codes Continued 4. Y. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one-half the straight time rate. All work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Holiday Codes A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). 1. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). J. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). 8 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Hotiday Codes Continued R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One -Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half - Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Holiday Codes Continued D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. 10 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Holiday Codes Continued Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. & Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. V. Holidays: New Year's Day, President's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, the day before or after Christmas, and the day before or after New Year's Day. If any of the above listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. W. Holidays: New Year's Day, Day After New Year's, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Eve Day, Christmas Day, the day after Christmas, the day before New Year's Day, and a Floating Holiday. X. Holidays: New Year's Day, Day before or after New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day before or after Christmas day. If a holiday falls on a Saturday or on a Friday that is the normal day off, then the holiday will be taken on the last normal workday. If the holiday falls on a Monday that is the normal day off or on a Sunday, then the holiday will be taken on the next normal workday. Y. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, and Christmas Day. (8) If the holiday falls on a Sunday, then the day observed by the federal government shall be considered a holiday and compensated accordingly. Z. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 15. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the day before Christmas Day and Christmas Day. (8) Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. B. Holidays: New Year's Day, Martin Luther King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. (9) C. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the day before Christmas Day and Christmas Day. (8) 11 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Holiday Codes Continued 15. D. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, and the day after Christmas. E. Holidays: the day before New Years's Day, New Year's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day. (12) Note Codes 8. D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do "pioneer" work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour. 12 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Note Codes Continued 8. V. In addition to the hourly wage and fringe benefits, the following depth and enclosure premiums shall be paid. The premiums are to be calculated for the maximum depth and distance into an enclosure that a diver reaches in a day. The premiums are to be paid one time for the day and are not used in calculating overtime pay. Depth premiums apply to depths of fifty feet or more. Over 50' to 100' - $2.00 per foot for each foot over 50 feet. Over 101' to 150' - $3.00 per foot for each foot over 101 feet. Over 151' to 220' - $4.00 per foot for each foot over 220 feet. Over 221' - $5.00 per foot for each foot over 221 feet. Enclosure premiums apply when divers enter enclosures (such as pipes or tunnels) where there is no vertical ascent and is measured by the distance travelled from the entrance. 25' to 300' - $1.00 per foot from entrance. 300' to 600' - $1.50 per foot beginning at 300'. Over 600' - $2.00 per foot beginning at 600'. W. Meter Installers work on single phase 120/240V self-contained residential meters. The Lineman/Groundmen rates would apply to meters not fitting this description. X. Workers on hazmat projects receive additional hourly premiums as follows - Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, and Class D Suit: $0.50. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications requires that work can only be performed outside the normal 5 am to 6pm shift, then the special shift premium will be applied to the basic hourly rate. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in OT or Double-time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Y. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging state or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Z. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as a contractor), a government agency or the contract specifications require that more than (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they will be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) 13 Benefit Code Key — Effective 3/4/2020 thru 9/1/2020 Note Codes Continued A. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Special Shift Premium: Basic hourly rate plus $2.00 per hour. When due to conditions beyond the control of the Employer or when an owner (not acting as the contractor), a government agency or the contract specifications require that more than four (4) hours of a special shift can only be performed outside the normal 6 am to 6pm shift, then the special shift premium will be applied to the basic straight time for the entire shift. When an employee works on a special shift, they shall be paid a special shift premium for each hour worked unless they are in overtime or double- time status. (For example, the special shift premium does not waive the overtime requirements for work performed on Saturday or Sunday.) Certified Crane Operator Premium: Crane operators requiring certifications shall be paid $0.50 per hour above their classification rate. Boom Pay Premium: All cranes including tower shall be paid as follows based on boom length: (A) — 130' to 199' — $0.50 per hour over their classification rate. (B) — 200' to 299' — $0.80 per hour over their classification rate. (C) — 300' and over — $1.00 per hour over their classification rate. B. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. C. Tide Work: When employees are called out between the hours of 6:00 p.m. and 6:00 a.m. to work on tide work (work located in the tide plane) all time worked shall be at one and one-half times the hourly rate of pay. Swinging Stage/Boatswains Chair: Employees working on a swinging stage or boatswains chair or under conditions that require them to be tied off to allow their hands to be free shall receive seventy-five cents ($0.75) per hour above the classification rate. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. D. Industrial Painter wages are required for painting within industrial facilities such as treatment plants, pipelines, towers, dams, bridges, power generation facilities and manufacturing facilities such as chemical plants, etc., or anywhere abrasive blasting is necessary to prepare surfaces, or hazardous materials encapsulation is required. E. Heavy Construction includes construction, repair, alteration or additions to the production, fabrication or manufacturing portions of industrial or manufacturing plants, hydroelectric or nuclear power plants and atomic reactor construction. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. 14 CITY OF Federal Way EXHIBIT "F" TITLE VI ASSURANCES CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vmv cityoffederahvay com During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's 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. S. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and/or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 50 2021 RFB ver. 9-18 ` �Federal e d CITY HALL ryie ra I Way 33325 8th Avenue South �/ Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 51 2021 RFB ver. 9-18 APPENDIX A SCOPE AND SPECIFICATIONS The contractor shall bevel the sidewalk at locations provided by the City. Work shall be completed within 30 days of the City issuing the Task Order. Beveling All beveling shall meet the most recent proposed Public Right -of -Way Accessibility Guidelines (PROWAG) • Beveling shall be performed at locations where the uplift is more than Y. inch and a maximum of 2 inches. • Upon completion, the beveled edge shall be flush with the adjoining sidewalk • The maximum slope for beveling is as follows: • ''Y." to %" uplift - 2:1(2 Horizontal:) Vertical) httos://www.access-board.gov/prowag/chapter-r3- technical-reg uirements/#r30272-vertical-surface-discontinuities • Uplift M." to 2"—12:1(12 Horizontal:) Vertical) https://www.access-board.govLprowafl/chapter-r3- technical-re uirements #r30422-runnin -slo e • Contractor is responsible for removing and disposing of all debris and waste that was generated • Should the uplift exceed 2" or if the contractor encounters a location that cannot be beveled, the City should be contacted immediately • Upon completion, the beveled edges shall not be smooth. The contractor shall roughen the newly beveled surface with a wire brush to meet the following requirements: ADA Accessibility Guidelines (ADAAG) Appendix 4.5: "The Occupational Safety and Health Administration (OSHA) recommends that walking surfaces have a static coefficient of friction of 0.5." (ASTM test method C 1028-96 on a dry surface). Erosion and Dust Control The contractor shall submit an erosion and dust control plan detailing means and methods utilized to prevent dust and debris from migrating from the immediate work site prior to commencing work. At the completion of the concrete beveling work, the contractor shall make the work are free of concrete dust and debris. Pedestrian Traffic Control The contractor shall submit a pedestrian traffic control plan prior to commencing work. The contractor shall conduct work so one side of the street's sidewalk is always accessible to pedestrians. Signs and barricades shall be provided to inform the pedestrians of "sidewalk closed ahead" and direction to cross the street at the nearest signal -controlled intersection. Deliverables Upon the completion of work, the contractor shall provide the following Daily Report: • The location (addresses or description) of the sidewalk that were beveled • Locations (addresses or description) that could not be beveled and the reason why Sidewalk identifier (will be provided by the City) • Observation ID (will be provided by the City), if no ID provided leave blank • The coordinates of each uplift being assessed • The length and maximum height of each uplift being beveled City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 52 2021 RFB ver. 9-18 • The date the uplift was beveled • Purchase Order (PO) number, if provided • Task Order (WO) number, if provided This information should be provided in one of the following formats: • Shapefile • ESRI feature class in a File Geodatabase • Excel spreadsheet with X and Y coordinates Should the contractor be unable to perform the work at the location provided by the City, the City should be informed immediately. The location should also be included in the deliverables with a note about why it could not be beveled. Measurement Work will be measured in "Inch -Feet." An inch -foot is calculated by measuring the average height of the sidewalk off- set and multiplying this average by the length of the cut. Example: A sidewalk off -set on a 4-foot wide sidewalk that consists of a 0.5" rise on one side and tapers down to zero rise on the other side is calculated as follows: (0.5" + O") x 4 FT = 1 inch -foot 2 Payment The unit contract price per inch -foot of concrete beveling work completed shall be full pay for all labor, equipment, materials, tools, and other to provide a completed repair, including, but not limited to: surface preparation; pedestrian traffic control; pre- and post measurements; concrete beveling; erosion and dust control; surface roughening; clean-up; waste removal and disposal; and deliverable documentation. City of Federal Way RFB # 21-004 Concrete Sidewalk Beveling — Trip Hazard Removal Page 53 2021 RFB ver. 9-18 PRECISION CONCRETE CUTTING, INC. =3-1 3191 N CANYON RD PROVO UT 84604-3916 DETACH BEFORE POSTING - BUSINESS LICENSE STATE OF Issue Date: Jul 02, 2020 WASHINGTON Unified Business ID #: 603026241 Profit Corporation Business ID #: 001 Location: 0003 PRECISION CONCRETE CUTTING, INC. Expires: Jan 31, 2021 PRECISION CONCRETE CUTTING I 3191 N CANYON RD PROVO, UT 84604-3916 T TAX REGISTRATION - ACTIVE CITY ENDORSEMENTS: BURIEN GENERAL BUSINESS- NON-RESIDENT #09496 -ACTIVE REGISTERED TRADE NAMES: PRECISION CONCRETE CUTTING This document lists the registrations, endorsements, and licenses authorized for the business - named above. By accepting this document, the license@ certifies the Information on the application was complete, true, and accurate to the best of his or her knowledge. and that business will be conducted In compliance wllh all applicable Washington slate, county, and city regulations. Director. Department of Revenue U B I : 603 026241 001 0003 PRECISION CONCRETE CUTTING, INC. PRECISION CONCRETE CUTTING 3191 N CANYON RD PROVO. UT 84604-3916 STATE OF WASHINGTON Expires: Jan 31, 2021 TAX REGISTRATION -ACTIVE BURIEN GENERAL BUSINESS - NON-RESIDENT #09496 - ACTIVE DETACH THIS'E CDOY FOR YOUR WALLET Director, Department of R.-- r:. �k S-,rATES Ql,, 57A7, 71*0 The bute of Secretary of State 41111" ,rr I, KIM WYMAN, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF REGISTRATION to PRECISION CONCRETE CUTTING, INC. A/AN UTAH PROFIT CORPORATION, effective on the date indicated below. pFA- x i:■ 0 %'k r� aE d� S� Effective Date: 01124/2019 UBI Number: 603 026 241 (iii en under m\ hand and the Seal of the State of' Washington at Okmhia, the State Capital Kim Wyman, Secretar) of State Date Issued: 01/24/2019 5/13/2021 Corporations and Charities System BUSINESS INFORMATION Business Name: PRECISION CONCRETE CUTTING, INC. UBI Number: 603 026 241 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 5624 128TH ST E, PUY.ALLUP, WA, 98373-5160, UNITED STATES Principal Office Mailing Address: 3191 N CANYON RD, PROVO, UT, 84604-3916, UNITED STATES Expiration Date: 01 /31/2022 Jurisdiction: UNITED STATES, UT.AH Formation/ Registration Date: 01/24/2019 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: IRIANY TRUJILLO Street Address: 5624 128TH ST E, PUYALLUP, VIA, 98373-5160, UNITED STATES Mailing Address: GOVERNORS Title Governors Type GOVERNOR INDIVIDUAL GOVERNOR INDIVIDUAL Entity Name First Name Last Name MATT HANEY AARON OLLIVIER hftps://ccfs.sos.wa.gov/*/BusinessSearch/Businesslnformation 1 /1 5/1312021 Washington State Department of Revenue vVa_i iiiyr, r, StaI,De [! �i� C Business Lookup License Information: Entity name: PRECISION CONCRETE CUTTING, INC. Business name: PRECISION CONCRETE CUTTING Entity type: Profit Corporation UBI #: 603-026-241 Business ID: 001 Location ID: 0003 Location: Active Location address: 3191 N CANYON RD PROVO UT 84604-3916 Mailing address: 3191 N CANYON RD PROVO UT 84604-3916 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Burien General Business - Non- 09496 Resident Colville General Business - Non- 027935.0 Resident Federal Way General Business - Non -Resident Sumner General Business - Non - Resident Governing People May! people not .egid.,dwith S Mblyofsr.r. Governing people Title HANEY, MATT OLLIVIER, AARON Registered Trade Names Registered trade names Status PRECISION CONCRETE CUTTING Active New search Back to results Status Expiration date First issuance dat Active Jan-31-2022 Mar-01-2012 Active Jan-31-2022 Dec-14-2015 Active Sep-30-2021 Sep-02-2020 Active Apr-30-2022 Apr-15-2021 Sep-15-2017 https://secure.dor.wa.gov/gteunauth/—,t#3 1/2 5/13/2021 Washington State Department of Revenue View Additional Locations The Business Lookup information is updated nightly. Search date and time: 5/13/2021 1:09:19 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported https://secure.dor.wa.gov/gteunauth/_/*3 2/2 Trip Hazard Removal Speclallats To Whom It May Concern: 3191 N. Canyon Road Provo, UT 84604 P: (801) 224-0026 F: (801) 224-0062 www.SafeSidowalks.com Kent Emert is an authorized signer for Precision Concrete Cutting. He is the Washington State Business Development Manager in the municipal market and as so is authorized to sign contracts. Mike Lamb Vice President of Sales