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AG 22-063 - CEM AQUATICS
RETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY- 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ® 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 XM❑ CONTRACT INTERLOCAL ❑ OTHER 5. PROJECT NAME: FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT 6, NAME OF CONTRACTOR: C.E.M MAINTENACE INC dba CEM AQUATICS ADDRESS: 5801 SOUNDVIEW DRIVE - SUITE 204. GIG HARBOR WA 98335 TELEPHONE 253 649-0183 E-MAIL: MATTR@CEMAQUATICS.COM FAX: SIGNATURENAME: CRAIG NEILSEN TITLE 7. EXHIBITS AND ATTACHMENTS: 19 SCOPE, WORK OR SERVICES 9 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON SIGNATURE COMPLETION DATE: MARCH 31, 2023 9. TOTAL COMPENSATION $1,283,458.54 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ®NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED iOYES IDNO IF YES, $109,137.37 PAID BY: A CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: 58716.05 ® RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED © PROJECT MANAGER AG 3/9/2022 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW JE 3/15/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE:, COUNCIL APPROVAL DATE: 12. 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.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# �a COMMENTS: 2/2017 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 01 _9/23/2022 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance Inc, SLIDE & PLAY STRUCTURE REPLACEMENT dba CEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by _ Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order, Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE _1 _POINT OF CONTACT 0.00 REVISIONS FOR _SCHEDULING TOTAL NET CONTRACT: INCREASE $ 0.00 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specy7cations, the contractplans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS CO CT AMOUNT �4 o� C04CCO CTDATE COR'S GN TURE TOR'S GAT TE r $ 1,189,7 55.37 $ 0.00 $ 0.00 $ _ 0.00 $ 1,189 705.3 7 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacemew PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 02 _9123/2022 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance, Inc. SLIDE & PLAY STRUCTURE REPLACEMENT dba CEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contact and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes [] No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE —1 VENT & DUCTWORK —0.00- -PROTECTION TOTAL NET CONTRACT: INCREASE $ 0.00 ADD OR DELETE DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1189.705.37� PREVIOUS CHANGE ORDERS S 0.00 THIS CHANGE ORDER S 0.00 *ADJUSTMENTS $ 0.00 NEW CONTRACT AMOUNT $ I 89,705.37 �eIZ" CONTRACTOR'S SIGNATURE D�ATTEE 1 4CTORIOTURE DATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 $ 0.00 $ 0.00 $-0.00 _AG 22-063 PROJECT NUMBER EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _0. CHANGE ORDER NUMBER _9/23/2022 EFFECTIVE DATE FEDERAL WAY COMMIJ-= CENTER C,E.M. Maintenance, Inc. SLIDE & PLAY STRUCTURE REPLACEMENT dba CEM A uatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE --I— —DRAIN & MI.ET 0.00. PROTECTION TOTAL NET CONTRACT: INCREASE $ 0.00 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,189,705.37 PREVIOUS CHANGE ORDERS $ 0.00 THIS CHANGE ORDER $ 0.00 *ADJUSTMENTS $_ 0.00 W CONTRACT AMOUNT $ 1,189,705.37 CO CTOR'S SIGNATURE DATE 2I.�v2 CTOR'S TURE DATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY Q INCREASED DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 $ 0.00_ 0.00 $_0.00_ _AG 22-063 PROJECT NUMBER EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 04 CHANGE ORDER NUMBER FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT PROJECT TITLE SUMMARY OF PROPOSED CHANGES: _ 12/23/2023 EFFECTIVE DATE C.E.M. Maintenance Inc. dba CEM AQUatics CONTRACTOR The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE I REPLACEMENT OF 1 427.13 _ADD —REPLACEMENT INLET COVERS TOTAL NET CONTRACT: INCREASE $ 427.03 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $_1,189,705.37 PREVIOUS CHANGE ORDERS $ 0.00 THIS CHANGE ORDER $ 42T03 *ADJUSTMENTS $� 0.00 NEW CONTRACT AMOUNT $ [,190,132.40 9/29/2023 CON TOR' SIGNATURE DATE A. bZz/ D CTOR'S GNATURE EJATEr 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY 4 INCREASED $ 77.13 ❑ DECREASED $ 0.00 PAY THIS ADJUSTED AMOUNT: $ 5.04.16 za z ;�'E�CTOR 1 RE Va City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 05 _12/23/2023 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance. Inc. SLIDE & PLAY STRUCTURE REPLACEMENT dba GEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE REBAR DETERIORATION 1 4294.28„_ ADD REPAIRS _ TOTAL NET CONTRACT: INCREASE $ 4294.28 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,189,705.37 PREVIOUS CHANGE ORDERS $J 504.16 THIS CHANGE ORDER $ 4294.28 *ADJUSTMENTS $ 0.00 NEW CONTRACT AMOUNT $ 1 194 503.81 9/29/2023 DATE �oZ41 DATE, 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY q INCREASED $_3,432.05_ ❑ DECREASED $ 0.00 PAY THIS ADJUSTED AMOUNT: $_7,726.33_ 47Z-f ECTO S ATURE ATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 06 _4/l/2023 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance, Inc. SLIDE & PLAY STRUCTURE REPLACEMENT dba CEM Aquatics _ PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE —1 _ADDITIONAL CONCRETE_ _1 REMOVAL TOTAL NET CONTRACT: INCREASE $ 14,427.63_ ADD, 14,427.63 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,18.9,705.37 PREVIOUS CHANGE ORDERS $ 8,230.49 THIS CHANGE ORDER $ 14,427.63 *ADJUSTMENTS $ 0.00 NEW CONTRACT AMOUNT $ 1,212,363.49 5p— 9/29/2023 'S IGNATURE DATE r o�� FGN7,TURE DATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $0.00 ❑ DECREASED $ 0.00 PAY THIS ADJUSTED AMOUNT: $ 0.00 DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 07 _7/l/2023 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance, Inc. SLIDE & PLAY STRUCTURE REPLACEMENT _dba CEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ®No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE 1 GUTTER WATERPROOFING 1 4426.47 ADD TOTAL NET CONTRACT: INCREASE $ 4426.47 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,189,705.37 PREVIOUS CHANGE ORDERS $ 22,658.12 THIS CHANGE ORDER $ 4,426.47 *ADJUSTMENTS $ 0.00 NEW CONTRACT AMOUNT $ 1_.216.789.96 9/29/2023 DATE �/ DATE `" "rI 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $0.00 ❑ DECREASED $ 0.00 PAY THIS ADJUSTED AMOUNT: $ 0.00 DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 _AG 22-063 PROJECT NUMBER EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT 08 CHANGE ORDER NUMBER _7/24/2023 EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance Inc. SLIDE & PLAY STRUCTURE REPLACEMENT _dba CEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is M Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE _1 ' _Basecrete waterproofing _ _1_ $ 34,678.60_ _ADD TOTAL NET CONTRACT: INCREASE $ 34,678.60 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1 189 705.37 PREVIOUS CHANGE ORDERS $ 27,184.59 THIS CHANGE ORDER $ 34,678.60 *ADJUSTMENTS $ 0.00 NEW CONTRACT AMOUNT $_ 1,251,468.56 _ 12/15/2023 DATE / � 4ao-,?l DATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE - City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 $ 0.00_ $ 0.00� $ 0.00_ EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 09 _7/24/2023 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE FEDERAL WAY COMMUNITY CENTER C.E.M. Maintenance. Inc. SLIDE & PLAY STRUCTURE REPLACEMENT dba CEM Aquatics PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ® No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE _1 _Multicoat ScratchKote2000 _ _1 _ $ 19,057.50_ _ADD TOTAL NET CONTRACT: INCREASE $ 19,057.50 DECREASE $ 0.00 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,189,705.37 PREVIOUS CHANGE ORDERS $_ 61,763.19 THIS CHANGE ORDER $ 19,057.50 *ADJUSTMENTS $ 0.00� NEW CONTRACT AMOUNT $ I,270,526.06 2p_� 12/15/2023 'S GNATURE DATE zz Zao MATURE ATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement $ 0.00_ $ 0.00 $ 0.00 PWC ver 1-20 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT _AG 22-063 10 PROJECT NUMBER CHANGE ORDER NUMBER FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT PROJECT TITLE SUMMARY OF PROPOSED CHANGES: 9/20/2023 EFFECTIVE DATE C.E.M. Maintenance, Inc. _dba CEM Aquatics CONTRACTOR The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ 0.00 DECREASE $ 0.00 UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE _1 _Plaster Cost Difference _ _ 1_ $ 12,932.48_ _ADD TOTAL NET CONTRACT: INCREASE $ 12,932.48 DECREASE $ 0.00. STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 1,189,705.37 PREVIOUS CHANGE ORDERS $_ 80.820.69 THIS CHANGE ORDER $ 12 932AS *ADJUSTMENTS NEW CONTRACT AMOUNT $ 1,283,458.54 12/15/2023 DATE J DATE 4/2017 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE City of Federal Way Federal Way Community Center Slide & Play Structure Replacement PWC ver 1-20 $_0.00_ $_0.00_ $ 0.00_ RETURN TO: AUTUMN GRESSE17 EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.C!, RFB, RFP, RFQ) n9 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 5. PROJECT NAME: FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT 6. NAMEOF CONTRACTOR: C.E.M MAINTENACE INC dba CEM AQUATICS ADDRESS: 5801 SOUNDVIEW DRIVE - SUITE 204, GIG HARBOR WA 98335 TELEPHONE 253 649-0183 E-MAIL: MATTR@CEMAQUATICS.COM FAX: SIGNATURENAME: CRAIG NEILSEN TITLI 7. EXHIBITS AND ATTACHMENTS: d SCOPE, WORK OR SERVICES LEI COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON SIGNATURE COMPLETION DATE: MARCH 31, 2023 TOTAL COMPENSATION $1,189, 705.37 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES S NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED joYES j0NO IF YES, $109,137.37 PAID BY. A CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT:59485.27 XRETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED PURCHASING: PLEASE CHARGE TO: 111 '- 72-00 - 6 7S - 5f - `110 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED © PROJECT MANAGER AG 3/9/2022 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 8 LAW JE 3/15/22 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: "dd1]iUf} COUNCIL APPROVALDATE442AO 12. CONTRACT SIGNATURE ROUTING r� n �+-� SENT TO VENDOR/CONTRACTOR DATE SENT: �D)oL DATE REC'D:.1/ O Dom`' fXATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFI ATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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.) I�r6W DEPARTMENT NATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG# COMMENTS: ')nm'7 PUBLIC WORKS CONTRACT FOR FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT THIS PUBLIC WORKS CONTRACT ("Contract') is dated effective this 17th day of March , 2022 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner'J, and C.E.M. Maintenance, Inc. dba CEM Aquatics, a Utah Corporation ("Contractor'. A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete engineering, replacement and installation of a new water slide, tower, supports and deck as well as a play structure located at the Federal Way Community Center, 876 South 333rd Street, Federal Way, Washington ("Properly'; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties'D agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT project, including without limitation: Project Inclusions • Contractor will be completing the design and planning, with City input from the Project Manager, of the new slide and water play features, and ordering of the customized structures and equipment to perform the installation. This will also include selection of colors of material and other associated customization as found in Appendix A. General — protection of existing pool deck, dust protection, dumpster for work to be performed, removal/installation of glass doors/windows, cleaning of natatorium after completion. Demolition — removal of existing deck, removal of existing play structure, removal of existing water slide footings below grade, plaster removal. Excavation — any excavation required for new slide footings and backfill material to be flowable fill slurry • Concrete — forming of water slide footings, CIPC waterslide footings/columns, CIPC pool deck, strip and remove form material, structural reinforcement of slide footings, structural reinforcement of pool deck. Electrical — grounding/bonding of slide footings, grounding/bonding of play structure, wiring to be ran through existing conduit, grounding/bonding of new pool deck, supply/install new slide emergency stop. • Plumbing — connect water supply to waterslide and connect water supply to play structure • Water Features — waterslide complex and elevations L2 play structure Pool Finish — Exposed aggregate plaster Project Exclusions Demolition — any work associated with asbestos and any work associated with lead paint 1 of 72 Mechanical/Plumbing — no work accounted for in mech room as existing pool equipment to be re -used, connection to natural gas and domestic water ("Work', in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Option attached as Exhibit C, Retainage Bond to City of Federal Way attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached hereto as Exhibit F, Performance / Payment Bond attached hereto as Exhibit G, Title VI Assurances attached hereto as Exhibit H, Standard Plans and Details attached as Appendix A, current Prevailing Wage Rates attached as Appendix B, Warranties attached as Appendix C, ("Standard Specifications'D and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents'D, which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before March 31st, 2023. In the event the Work is not substantially completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "A". 1.3 Liquidated Damages. Time is of the essence for the Contract. Delays inconvenience and inhibit public use and enjoyment of the pool and full amenities of the Community Center, and interfere with revenue generation for the City and taxpayers resulting in budgetary impacts to the City. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Project Manager to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains to physically complete the total Contract, the Project Manager may determine the Contract Work is substantially complete. The Project Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. 2 of 72 Upon request by the Project Manager, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state, and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection, or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 3of72 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until no later than June 30th, 2023 (" Term'. The Term expiration date in no way affects the effectiveness of any warranties that may attach to any of the Work conducted by Contractor or the products or materials used to complete the Work. 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract; provided, however, that this warranty may extend beyond this time period pursuant to the warranties attached hereto as Appendix C and incorporated by this reference. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed One Million One Hundred Eighty -Nine Thousand Seven Hundred and Five and 37/100 Dollars ($ 1,189,705.37), which amount shall constitute full and complete payment by the City ("Total Compensation'). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in 4of72 the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Project Manager and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Project Manager and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Option attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D". No payments shall be made by the City from the retained percentage fund ("Funfl nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title 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 H. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social 5of72 security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Contractor from the City. Upon termination, all supplies, materials, labor and/or equipment furnished prior to such date shall, at the City's option, become its property. In the event Contractor is not in breach of any of the provisions of this Contract, Contractor will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: (1) If the Contractor should be adjudged a bankrupt. (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. 6 of 72 (9) If Contractor should persistently disregard instructions of the Mayor or his or her representative. (10) If Contractor shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 7of72 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and properly damage. (4) The Contractor shall maintain an All Builder's Risk form at all times in an amount no less than the replacement value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary and non-contributory insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, attached hereto as Exhibit "F" and herby incorporated by this reference. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 8 of 72 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self -insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non -acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. 10. PIEPWORMANCE/PAYMENT BON© Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. il. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid 9 of 72 projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix B. The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296-127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296-127-010 WAC, complies with all the requirements of Chapter 39.12 RCW. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Project Manager the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700-029-000. The City will make no payment under this contract for the work performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700-007-000. The City will not release to the contractor any funds retained under Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have been approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Contractor shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor and all subcontractors or lower tier subcontractors. 10 of 72 12.4 Dish. 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. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, ail finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. ].S. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 16. BOOKS AND RECORDS The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. 17. CLEAN UP At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an 11 of 72 employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract 12of72 or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authori . Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91- 54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. DATED the day and year set forth above. 13of72 CITY OF FEDERAL WAY: By: 4Feell,ayor 3enue South Federal Way, WA 98003-6325 ATTEST: J. yan *Ccity,orney 14of72 C.E.M. Maintenance, Inc. dba CEM Aquatics: By: (�, (Sign ure )r` \' aIv t-4 1 ex� (Name) I (Address) (Phone) ( II" STATE OF WASHfNffON ) � ) ss. COUNTY OF c�fi lc- _ ) On this day nersonal[v anneared before me 6t?a4 (V k6 L (.S6A,( . to me known to be the A of . 66-ri 40 tk+Ti G_1_ that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this /ty day o 1L 20Z? RY=ROGERSS•+ Notary r uta (typed/printed name of notary) 4Y Comes art:Notary Public in and for the S ate of Washington. �. "" Comms00 My commission expires 15 of 72 EXHIBIT A NOTICE OF COMPLETION OF PUBLICS WORKS CONTRACT See link below for notice of completion of public works contract form hrLps://Ini.wa.gov/forms-publications/f2lS-038-OOQ.pdf 16of72 EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER .FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT PROJECT TITLE SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE C.E.M. Maintenance, Inc. dba CEM Aquatics CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑ No ❑ Yes ❑ No DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE 17of72 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE 18of72 EXHIBIT C CONTRACTOR'S RETAINAGE OPTION City of Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 IDENTIFICATION AND DESCRIPTION Bid/Contract Number Project Title: FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT RFB No: 21-012 Contractor: C.E.M MAINTENANCE, INC dba CEM AQUATICS GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011. 1 hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: ® Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. 0 Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these Contract Documents. Y-1 -�/� Z G Contra for gnature Dat 19 of 72 EXHIBIT D RETAINAGE BOND TO CITY OF FEDERAL WAY FEDERAL WAY COMMUNITY CENTER SLIDE & PLAY STRUCTURE REPLACEMENT KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, as principal ("Principal'), and _ a Corporation organized and existing under the laws of the State of as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety'), are jointly and severally held and firmly bonded to the City of Federal Way ("City') in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Project, which contract is incorporated herein by this reference (" Contract'D, a C. Pursuant to Stat law, Chapter RCW, the -City is required to reserve from the monies earned by the Principal pursuant to the con ct, a sum � ' to ed flve percent (5%), said sum to be retained by the City as a trust fund for the protection a payment ny n or persons, mechanic, subcontractor or materialmen who shall perform any labor upon su contract ar. uch work, and all persons who shall supply such person or persons or subcontractors wit revisions a plies a carrying on of such work, and the State with the respect to taxes imposed pursuant Title 82 R hick may be due from said Principal. Every person performing labor or furnishing su lies towards mpletion o "d improvement or work shall have a lien on said monies so reserved, provided thatch notice o lien of s claimant shall be given in the manner and within the time provided in RCW 39.08.0 s now exi nd in accdt'gnce with any amendments that may hereafter be provided thereto; and D. 5tat further pro that with consent of the City, the Principal may submit a bond for all or any portion of the% of funds' ed by the'public body in a form acceptable to the public body conditioned upon such bond any refro ing mad4 sct to all claims and liens and in the same manner and priority as set forth retai nt to ChaptM 60.28 RCW; and E. The Principal has ed, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner within the time set forth, for the amount of $ ; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the 20 of 72 Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties 1 20� the name anc undersigned represen CORPORATE SEAL: CORPORATE SEAL: ate seals this day of affixed, and these presents duly signed by its Y. PRINCIPAL By: Title: Address: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: 21 of 72 CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that _, who signed the said bond on behalf of the Principal, was _ of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that: who signed the said bond on behalf of the Surety, was ti_, of the said orporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, dWd, and attested for and in behalf of said Corporation by authority of its governing body, X Secretary of Assistant Secretary APPROVED AS TO City Attorney, I R) 22 of 72 EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: NIA - (Name of Union or Organization) The undersigned currently holds contract(s) with City of Federal Way involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime contractor holding such contract(s). You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obl' d not to discriminate against any employee or applicant of employment because of race, lor, creed or national origin. This obligation not to discriminate in employment includes, ut is not limited to, the following: EMPLOYMENT, U RECRUITMENT AND RATES OF PAIWR OTHER SELECTION FOR TWNING This rialLe is furni subcontra ts),and TRANSFER EMOTION [SING OF COM you pdftant to Order 11 ;�F OR TERMINATION sions of the above contract(s) or Copies of this otice '4A.1 p d by thNundersigned in conspicuous places available to employees or ap ants for'4. ti Complaints may be s itted to: Leif Ellsworth City of Federal Way 33325 8t" Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date 23 of 72 Bond # 5921543 EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned C.E.M. Maintenance, Inc., dba CEM Aauatics , ("Principal") and QLd Reoublic Surety Company the undersigned corporation organized and existing under the laws of the State of w1won*i2 and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the CI �� fusiNiOn one iltY of Federal Way, a Washington municipal corporation ("City") in the penal sum of rk?gEa n]gh y AV 'Q160"tine lhouen" seven Dollars and no/100 ($_ $1,189,705.37 ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated March 17th 2022 for Federal Way Community Center Slide & Play Strracture Replacement. NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement In the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and In the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default, If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed 24 of 72 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 29thday of April F 20 22 CORPORATE SEAL OF PRINCIPAL: �RFENA� ��o�b�� .. U-j 49?4trE Of� P� PRINCIPAL By: ,;, , (NarrA of Person Executing Bond) Its: ' 0 (Title) s S CT, S q!5\A (Address) `8DL • aR)Gt-P (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 ..,. aS�,- 4, 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. - �► 25 of 72 CORPORATE SEAL OF SURETY: SURETY _ y •, to,, C> = m -0 = Attorney -in -act (Attach Power Attorney) of 4 b :C? Samual J. Carrick ?-.•... , (Name of Person Executing Bond) d WO0a ".... 1443 W. 800 N. Suite 202 Orem, UT 84057 (Address) 801-224-2044 (Phone) APPROVED AS TO FORM: 43RyaCall, City AttornVy 26 of 72 EXHIBIT H TITLE VI ASSURANCES During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 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 27 of 72 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. 28 of 72 APPENDIX A STANDARD PLANS AND DETAILS 29 of 72 VORTEX iC I Fad ml Way Community Center -WA, USA DESIGN CONCEPT 30 of 72 VORTEX I Federal Way Community Center - WA, USA DESIGN CONCEPT View 2 Vardon C ]060A 31 of 72 All 30 node, thew, ere br ilLelnlin W r Weee only Acluel mbra, Yonne end IW ehea mry dlMer Inm node, Dear ilier-N'ermFM eMwn ,!notion h—, ■ ■�y17� C y I Federal Way Community Center - WA, USA DESIGN CONCEPT Ya VR EX VWSM c-swo4 wow? 32 of 72 VORTEX federal Way Community Center - WA, USA DESIGN CONCEPT V-1- C - 30604 v-, 33 of 72 a REM QTY GPM LPM CHOICE rra.■rriiifi/iir0•/i,.,,. NrreuesfufWK=PLAY FEATI r= 3 Txrfl— 1 $0 tH Pain rrr■■rfi•a •a❑�rrf0 °■ PWtPaint: 000a+0■a of a0■■cv 2 Cascade (2 BaS,,S 2 Po,ds) 1 E 23 Orb. go a / Seeftow-Z-1 a i 1114 s rwtrfePuvPotru■ff 3 Deck Geysers 1 10 36 nla Part go*-fr/aarrr//ro �a/ - ■ Spnner 1 n0 6a saa'low^ 00 r 0 pwt 5 MA&W Dona r 40 10 Don. tn6=a • • • r/■a./r/a■prarf/ro ■r 6 Helro 1 40 Is, Orb MIRf�lLI■tf N■rdrN Dace/ra■�rr ■..■❑r■r■o,�r. . 7 Doubte IKiddie f Landing Mat 32-hmght 20 76 ■ Fart ■ . ❑r ! 0 b-Fber. f ■ . 0 VORTEX E X Federal Way Community Center - WA, USA Wrdan C-aofOf 0 Elevations a Color fel"Ilm 34 of 72 e! if Sn a! uS S % ITEM QTV GPM LPM CHOICE nS a! isa riia=•aiiri0 �r mlpcetggy C4ggNmm QT' GPM LPM CHOICE Deck Paint r i r a s i N i i e 0 4INS 0 r 0 as A Standard Entry 32' I rya N. 1Ce•baa Paint, r 40 r• •*so i a *a a r r ., 00 Post P—I, r■ia III ai i r a r ri 0 0 *Lqv, ri Deck P—C 41000 e0000000ROSS-''•ir' B Het32" t W6 704 PostP-IL ■*re - rriierrrrr���r■ -• u.nntl,I r,rn rir � goo 0.6 rr\rrO: ri DiiiPaint: ■rr• riiaiarQrr00-00 C Tn 32' 1 Nit n/a Post Paint rir goo : errrrr� •■ can v Grant+a Select On Elmdons Cola Choice Page _ _ . r�yn� C V Federal Way Community Center - WA. USA Y V PS C/� I VwdonC-3OW4 Elevations Celot S.Iai 35 of 72 Choose from the following Barrier Graphics by marking the circle corresponding with the graphic: & c.atom harrier Br•phic..veilebla for. fee MarineA 0 MarineB 0 Mari.0 ■ �VV� .,mrD Q Mari. 0 Madvel O Ihb-A O a a It, 41 • ....+++ Tap S.M. ' t! Tap B.rrl.n Mttrn B.rrl.r.• i i • S � Bolea B.rrinaY •MM1.1,1. on •Av; a.W..n Spl.shp.d■ only. SPl..hp dO Dray. qff + �:• Nar..A O W—B O NAUMD O NatueE O W—F O VbrantA ft,WB O lbp� I TaP BarrMn ` B.flarn watir.• 4 BoNom Brrlen• ..a • Av.ilebl. on TOP BARRIERS Sph.hp.dm only Spl..hp.d■anly ONLY W- Fedwal eAVORTEX I wWay munkyGnmr- WA, USA wa.ro�.o�rsl. 36 of 72 VORTEX Steel end Fiberglass (excluding wetenlidea tl-.1.0b ,-IbkS Splashpad' Pre(a:t cebr optlan. • An edditi—d lea vA •pplY on fibwghr• wetwdld• •pplicednnx. �wa t.t.. o...t• � nrd. w.rw. �w rw u.. wtla... w�.m... cwian. c..aa�... '�io.e � tl� etl� rnr wr •Yµ't•tl tar •LL im •AL f•�I •LLww •LL••w •LL •w •OD •AL cart YL wM •LLwtl •JLLwtl •LLwrl W•tiv wl•wr eLL•w wLtww •LLw•s eYwrr Awileble in Vorte• glue (ea •howr) 1!111114 4190 M� 4.T •.� •b etae �� em tn.. Kfts" p•M TwGu•rd" rwmT-. 1 mp w- TM•tNe k— LED V— cola. F.. Pill. ..T d umre _a•. x•tun vetl.w 37 of 72 'A VORTEX Elevations' Prolate Color Option. Applicable to.Il Wet.rdde Types (P—MonlSd4 ", Steal .rd Fib.reW. feeludirq rnrarJideel Claedc, Wide Family SBds, Kiddie glide) A ein. aiimr eii— .ri.n soar .Kiar w� e~rr er~i�o u�iir v �'r•r.r o� are..e rr er.w er.es era erred er.o iw, r�Own N.O�n Fu.W�, ti,r6wn rr�. e,wn er.r Mr 4� 1.hN. er.ve .LL e.1. .re.n .rrs er...r .Ter•. ernes .r eee.. erw vr.em er.m ' A. eddle.etlTMvAl1 .PNn AvaileMa in Vortm Blw(u.hown) Available in 4 tte Sam berrier grephin pegs to view fuliurgeafgnphicaptioro bble. A r t x 1: 1 �. *a•n e r nea.4w m ell Ymi" m;en 1 38 of 72 W�TR- r _ Inside: 4 •:} . o yy I 36' Open Fl,ma Waaealide - PnrJdmPlde , tandlny � /Y g POoaa�de: ! . o G LTAllCT'41at6 C9�+P4itaH15 i 1 Pladcff 1 Paint ... / / / a ! . ■ / ! C a w.drblomftir�.► ■rra+■rrr..pe+/ i AA T—r ILnbA PM¢ //! r r/ r �a a r r.•®a r/ � Shir treads are only available In grey. VERTEX FadmiWay ConunueityCenw-WA,USA Waeenlidee W0 rdso o-70tW Cab a,+.9e,T 39 of 72 POOL AREA 3623 ft2 337 M2 SPRAY AREA 3623ft2 337M2 GRID SIZE 1ox10ft 3.0 x 3.0 m REF PRODUCT QTy OPM ILPM * CuVmm L3 WMW,s I in -+. CFO R� F'"O.Ahw, * 6.11 Sam 1 300 1133.5 TOTAL QTY GPM RPM Z .16 I939.5 REINFORCED CONCRETE SLAB (Refer to General Specs) IMPORTANT 2 Re�nloreed corcrole slab is ro Ruined below Elevos�cnr r!.uuure Refer Ie Genn�at to change barod on information prov�drd 3 MW—, —Iinq h.i,hl.f 16 FI—I 71'-8"[ 1.84m] IMPORTANT Vlmo,..Lh CAD nd'-A' 13,;s impassible, F �1— to p,-;d. Ih,. II,. sub n,aI 1,ds f1bl—Ii— drawing, and ay prod: Cld.l w—w— may ...... d&o.-I —,L at chant , , Thi, pr>po,%l PDF hi, PI-3-20 w man surements ndf *AVORTEX 1 Fes' Way Community Cemw - WA, USA V11,11"I'llifte-SIDW4 1" [29.84 , DESIGN CONCEPT Plan 40 of 72 1 PRELIMINARY - NOT FOR CONSTRUCTION VORTEX I federal Wry Community Center- WA, USA DESIGN CONCEPT Vwlen C 30604 Pl.n 41 of 72 C•1 PRELIMINARY - NOT FOR CONSTRUCTION nMaw�..c+.a-�we.r.ax � .ee.r.....w+ • ...,z.: ..y.... r..� i .......mom•.. +s .�n....... om.,�..ar-.. raE_.a..m..rw rsn Wuio �as.bn.-. ti.ue�.c7.a on.+.�m e�oa.n w, s... VORTEX Federal Way Community Center - WA, USA DESIGN CONCEPT Venlon C - 30604 Layout Views 42 of 72 FOUNDATIONS (By OIhen) - - i T,OC ELEVATION FOUNDATKX! TYPE SSEy +O.W THICKENED SLAB T +OJW THICKENED SLAB Ii •I111C SPREAD FOOLING SI •5200' SPREAD FOOTING U +IYAG SPREAD FOOTING PS +6.01' PIER mg MAD- THICKENED SLAB TO C.-TOP OF CONCREIE BRVATION TAKEN FROM POOL DECK WFSCH IS ASSUMED TO BE -ODD- I IODAO'I GROAT TO BE USED IN FOUNDATION LOCATION AREAS IN ORDER TO LEVEL POOL FLOOR DME - DECK MOUNTING ELEVATION SSE: STAIR BEARING ELEVATION PRELIMINARY -NOT FOR CONSTRUCTION t.cu.e�ownwso+Fae w+uAnaLe arrtuu enE•n.0 wu wnrmuxc•n n�r•c--wS.xw-t�laf �NM.R e.nt.otter.,... iea IMOETO AllIIIEAOCWAGK•wcmlatlntOUSnIn1}Ie.OBKIII/a!fw:f !aP VORTEX I Federal Way Community Center - WA, USA DESIGN CONCEPT wT,AeB c-sows Femd.tlm Layout 43 of 72 FLUME LAYOUT MAY NOT REPRESENT ACTUAL SLIDE PROPOSED PREUMINARY-NOT FOR CONSTRUCTION rns�.�J.—r.m �.a.�+..u..• m.rn...:r...i..,..+was+�Pru..nr.oKn+.nav �..►.m•ri..+w.a...srtss�mwK. nw mr..ent�w.rwKr.r+w ... VORTEX RT EX Federal Way Community Center - WA, USA VWIIOn C •• i0604 NG DESIGNCONCEPT Q 7Vplwl Detail. - A ms 44 of 72 iENERAL SPC{IFICATLONS: THESE DETAILS ARE GENERIC AND PROVIDE AN OVERVIEW OF THE SCOPE OF WORN DURING CONSTRUCTION/ INSTALLATION. REFERTOTHE PROIECT FINAL CONSTRUCTION DRAWINGS POi INFORMATION SPECIFIC TO YOUR PROIECT, DESIGN OF CONCRETE WORK, BY OTHERS. WE RECOMMEND AS A MINIMUM: MIN. CONCRETE STRENGTH f'c 3600Psl (2SNpa) 0 28 DAYS AIR -ENTRAINED CONCRETE (IN REGIONS SUB3ECTED TO FREEZE B THAW) -VERIFY LOCAL CODES AND STANDARDS FOR OTHER LOCAL REQUIREMENTS . DO NOT SCALE DRAWINGS ,FOR FURTHER DETAILS AND IHFORMATION, REFER TO THE INSTALLATION OPERAf7110N, AhT MAINTENANCE MANUALS IF APPLICAkE •Y•a2*+�•,a gawlY 7 wylr. Fyalpaaep t � �. xDunoa'nclu ngTUL TYP.. STAIR BERRIHG+UlCHDik DETAIL ( 1 TYP. KbWAtDETAIt _ y FuonwsuaJYAl.n �wFMaFf[TFTMYL PIRM'—TlvI} a!ltNl•lF AT 10aLm4 IA! i.•aa.r T •t • .1 T� W (6 TWICAL STAIR BEARING DETAIL 74. 4 '7 THICKENED SLAB TYRM FGDTING DETAIL VORTEX l Federal Way Community Center - WA, USA Vanbn C-b06W I 1:�aiaaA r Txn�wc T�`s.vlo xa! nax iw��sTa eurm mu.T,w xmR � awrm.ra.a alb POOL DECK A• _ 1 war '` TYP. GROUND LU43 LOCATION { R�TYP ANCHOR BOLT QUAIL 1 4 N!'aRy uv� ,g TYPICAL PIER DETAR DESIGN CONCEPT 0 Typical Details - Foundations 45 of 72 r.EREMISMMRTkW, 1. THESE DETAILS ARE GT:NMX AND PROVIDE AN DMV.'EW OF THE SOOK OF WORK DURING CONSTNLCITOFU[WFLATWN REFER TO THE PRCOECT FINAL OOMSIRUCRON DRAWINGS FOR INFORMATION SPEOFICTO YOUR PRDNLT. L SRSWN OF CONCRETE WORK, BY OTHERS WE #ECUMMENO AS A!W 1NUM: - PUN. CONCRETE STRENGTH ('c. 3EOW f75MPe1 P 11 OATS -AIR{MTRAINhA CONCRETE ON REGIONS SUDIECTEO TO FREEZE ■ THAW) -VERIFY LACALCOO:SAND STANDARDS FOR OTHER LOCAL REQUIREMENTS 3. 00 NOT 5CL• F DRAWIA65. 4XORFURTOMD- AND INFORMATION, R6SLTO THE INSTALMON, OPERATION, AND MAINTENANCE MANUALS LFAPPUI ABLE. L RECOMPAENDFD SLOPE OF MOL is iNYRr SECTION TO BE NO NACRE THAN OK IN TWHE LAST Lp' aF THE SLIDE GUTIRTO EE VEAWU PYCDLTOAIE4 o•LOAAy yx OL[i ffTMMTOIC J Y _ SUUETOTERMINATE S AROYE OR 6' RELOW 5iwAai P --MEW 1 1 R 9G- OPEN FLUME TYPICAL TERMINUS RETAIL THIS SECTION LEFT INTENTIONALLY BLANK ! THIS SECTION I VORTEX Federal Way COmmunityCentor - WA, USA Va WnC-tO6O4 EFT INTENTIONALLY BLANK EFT INTENTIONALLY BLANK DESIGN CONCEPT Ti1+� DaS�NF • PoCI App[W F1oA 46 of 72 THIS SECTION LEFT INTENTIONALLY BLANK THIS SECTION LEFT INTENTIONALLY BLANK 316" [0.9-1 3e [0.91 m] [u a1m) 1 [ojlml standard pram. 3V Open Flume GUI sedfcn TroAle •IN.Wd.d Kgb—1 PrecWonRldeT • nl.gd.d HV..dRh. THIS SECTION LEFT INTENTIONALLY BLANK THIS SECTION LEFT INTENTIONALLY BLANK THIS SECTION LEFT INTENTIONALLY BLANK I THIS SECTION LEFT INTENTIONALLY BLANK THIS SECTION LEFT INTENTIONALLY BLANK PRELIMINARY- HOT FOR COHSTRUCYIOIi . ..r .aft .. .�T,,.—s+...c+...-, .--- —:w--W.. •- �..cwr..�.: r�awew-.:wti•�.w.:-M.N � a.aov..... — oAVORTEX �emlWay Community Center - WA, USA .Wnloa C-30c0a DOIGN CONCEpi 47 of 72 GENERAL SPECIFICATIONS: 1. THESE DETAILS ARE GENERIC AND PROVIDE AN OVERVIEW OF THE SCOPE OF WORK DURING CONSTRUCTION/ INSTALLATION. REFER TO THE PROJECT FINAL INSTALLATION DRAWINGS FOR INFORMATION SPEOFIC TO YOUR PROJECT. 2, DESIGN OF CONCRETE SLAB, BY OTHERS. WE RECOMMEND AS A MINIMUM: 10,-12' (250-300M.) MIN. THICKENED REINFORCED CONCRETE SUB (U N.O.) MIN. THICKNESS 15 DEPENDANT ON MIN. ANCHOR EMBEDMENT REQUIRED • UNDER ELEVATION DECKS (OFFSET OF 12' (30INW) FROM DEC( EDGE - REINFORCED WITH PS (ISM) REBAR 0 12' (300mm) C/C BOTH WAYS - MIN. CONCRETE STREWN PC - 36DOps1 (2514pa) • 28 DAYS • AIR -ENTRAINED CONCRETE (IN REGIONS SUB]ECTED TO FREEZE ■THAW) VERIFY LOCAL CODES AND STANDARDS FOR OTHER LOCAL REQUIREMENTS 3. FOR FURTHER DETAILS AND INFORMATION, REFER TO THE INSTALLATION, OPERATION, AND MAINTENANCE MANUALS. 10) K %' (16-1 SS316 ANCHORS INSTALLED WITH EPOxY (LLTIHI'•IUB1 $POKY Hw OFM1R4 55 ANCHOR MATE TD ME �14TP_411� lL]rLL_ 1` I:>_I NCH-5NNINN WO111' Tr u Ouilrta;RY ritIarq E' Illb—I MIN DAWWANT I 0 WICf-INED CONCAETE SUB pSfRIBl/11ON MANIFOLD UNDER DFOC 1 PLANVIEW-HEXDECK(ELEVATIONS) PLAY PRODUCT OR KIPF..w?"T 2 POST-ANCHORtODETAHL TYP. FK}5T5 MANIFOLD INSTALLED VE nCALLV_(PLUMRI I Y' wAL 1660 .) _2MIN1lQlE SLOPE AS PER _PILOFT,C1SPE0FI6 FOONDATIONSFRWICATIM AND !11MF7CTAkSPFOSITIRSY SLOPE AS PER }RORLTS_KSIf16 . — 11k2W A• p'ATIII LPR SAFESWAPANUHORING _L■I OTLVIR)_ SYSTEM WITH A'(IOZ—)NPT _ _UEVLLNGN_OD5 FEMALE WATER FDUNDAr10N SPEOrI[ATwm CDNNECTIONITD BE INSTMIIC Ln,RI-- �rt d 5 _ aW(Imm) MANIFOLDSAFESWAP TYP. ANCHORING DETAIL VORTEX I Federal Way Community Center - WA, USA V■nlon C 30804 5 1ir I IA.• h POST ■ ■ — 0'. S uA. A ANCHORS ■ ■ PER SYP- BASE PLATE fOR 4- (109mml cim 3 POST -ANCHORED POSTS TOP OFSAFESWAP TO BE INSTALLED I1VU :NOr red • r R NONaNAIMR • � NON•FiWRUr CA;NIi � �sNls 4 } TYP.ASAFESWAP D MANIFOLD INSTAUID © • Lti I R '� VEPTIEALLY,fPl11NM)__ -` 06' (l5lmin) WATER uNET1 SLOPE AS PER PgrtR SRMKJ LRTbTIRIR) __ Ir � r-FD•wx !{� — rYAN��I - SAFESWAP ANCHORING _�AYELVi4BOBi SYSTEM WITH 6' (152..) NPT FOUNDATION SPECIFICATIONS FEMALE WATER CONNECTION fT0 BE - AND RONFONOW illf-0 ER]) FNfTALLET)UML — CONCRETE L[11E:MG Uw 6 &" t3SOLngI MANIFa1-D_SAFESwAP TYP ANCHORING DfTAII Elevations- a IRahIIAT10n OrR"1 - FNK DKY 48 of 72 �-y17Gt5oEC�i al=n�0.<• 1. THESE DETAILS ARE GENERIC AND PROVIDE AN OVERVIEW OF THE SCOPE OF WORK WRING CONSTRUCTION/ INSTALLATION. REFER TO THE PRDIECT FINAL INSTALLATION DRAWINGS FOR INFORMATION SPECIFIC TO YOUR PROJECT. 2. DESIGN OF CONCRETE STAR, BY OTHERS. WE RECOMMEND AS A MINIMUM; -10'-lr ( ISI}30GFEnl WN-TTOCKEW°D REINFORCED CONCRETE SLAP Pa,N-a i MIN. THICKNESS 15 DEFENDANT ON MDL ANCHOR EMBEDMENT REQUIRED, - UNDER ELEVATION DECKS (OFFSET OF 12" (300mm) FROM DECK EDGE AM FORCED WITH I5 (ISM) REBAR D 12' (300mm) qC BOTH WAYS - MIN. CONCRETE STRENGTH T c - 36000 (2511Pa) O 28 DAYS - AIR -ENTRAINED CDNCREIF (IN REGIONS SURICCTW TO FREEZE &THAW) -VERIFY LOCAL CODES AND STANDARDS FOR OTHER LOCAL REQUIREMENTS 3. FOR FURTHER DETAILS AND INFORMATION, REFER TO THE INSTALLATION, OPERATION, AND MAINTENANCE MANUALS. 4 XTMOGWiscONCAETE SLAB { Du1N:RL TCH aNAAR0R0 1.�. UI10L1L �' N PLI M VVEW - MEk DECX [ELEVATIONS] btf. I 1,1:3I*ANCNMS NSYAR1i0 W TFM M" O4n N,;f•;7 • Ur�r ! r Ong N33� 5fi M Dl PJAM low o SLW IOLLYIR 2" J;XMMk NON-11111INr GAOUI r r C a2• i'lt Llmml 7FwN. 77 . VORTEX EX I Federal way Community Center- WA, USA STOAANCE FOA R' PME FOR 50F WATER CQMNEC QN (%PING rARMA H.AIIt�TO WRTFhffEO k' I7Ee+1.2AAcaN+M An+i FOR POOL REFUR915HMENT I i- 110Dmrn1 MANIFOLD WFCH SIDE FLANGE WATER CONNECTION AND LEVELING STUDS ElNevati0ni O TWcal Deldla - Side Pert Manifold 49 of 72 Elevations" Simplified Materials Specifications 1 Structural Tubing: Tubing shall be type 304/304L stainless steel pipes, schedule 10 minimum and highly resistant to corrosive environments Main support posts shall be made of4,5'(114cm) stainless steel pipe 2 Decks and Stairs: All decks 6 stairs shall be eomlrucled from 12 GA (.105' 12 6mm]) minimum 304/304L stainless steel sheet perforated for better drainage. Deck and Stair protective coaling shall inlegrale an anti i d uartwa iturtihn for leave face s/se. 3 Protective coating / Pained Fnish: All stainlau sled parts, except noted, shall be coated with s Super Durable grade heat -cured polyester powder coafmg that offers superior UV, gloss and chemical resistance; and is suitable for high traffic environments Super Durable coating offers superior properties for long testing durability and protection for indoor and outdoor high traffic envfromsems compared to regular outdoor polyester powder cooling and outdoor liquid coating. 4 SesfiowTM Polymer parts: Polymer plastic parts shall be constructed of SWI—TM Polymer mawrial exclusively developed for tho aquatic play emironnrent It shall be is diaphanous (transparent) phimicthm has a high resistance to impact, is highly resistant to vandalism, and is flan» retardant -The SeefloWTM polymer shell have outstanding dirr—ional stability, chemical resistance, UVslobility, and exceptional translucence_ 5 Barrier Panels: Shall be constructed from highly resistant and durable polycenbonste material- Material shall be UV treated for maximum durability and resistance- Barrer Panels shall be designed to prevent kids from climbing and be s—through They should be avageble clear or with transparent colored graphics- Barrier Panels shelf be K" (12mm) thick minimum. 6. Railing Barrier (f applicable} Shall be aanslrucled of type 304/3041- stainless steel pipes, schedule 10 minimum and highly resis lent to corrosive enveonmeMt The barrier shall be safely comuucted to prevent kids from climbing 7. Below Dock Barrier. Hex Deck, Oda Deck and Stairs, without sufficient head clearance to circulate underneath shall have see -through barriers constructed from highly resistant and durable polycebonate material to prevent people from going underneath. Waterzlides without sufficient head clearance shall be blocked off with netting. The netting shall be a black polyester netting with 2' inch (60mm) mesh openings Each structure shall have a locking dmica to allow authorized access to valves underneath the deck. B Nozzlar:SMllha manufactured from lead-free Brass end/ 3G4/304LSlain1ass Sleet and/or Ultra -High Molmuler Weight Polyenylene(UHMW) highly resistant to UV, weterandcorraria—imnmenls. Nozzles shall be exempt of hazerdous substances, lead or harmful chemicals. 9- Toe Guards: Shag be constructed of the colored Soft T ch Elaatomer developed exclusively for the aquatic play environment in order to cover the anchoring assembly hardware from pinch Points and protrusions. Toe Guards shall hove flexible rubber-41ke characteristics, is matte highly durable and slip -resistant finish, with excellent UV and chemical resistance. 10 Walerslide - Precisioni ider" with LRTM Process: PrecNionRidem series 36-inch (91.4 cm) Open and 32=inch (131.3 chn) Close flume fiberglass slides shall be manufactured using a Resin Transfer Molding (LRTM) system by Vortex. At least 90%of ell fiberglass flume parts —to be LRTM with both sides having is 600-grit surface finish or better. Standard flume section shall have a minimum thickness of 0 23 inch (6 mm) and joint flanges a minimum 0 35 inch (9 mm) thickness. Finish surface shall be high quslty uophthal--ic polyester colored gelcoat and resin shalt be premium quality vinylester providing improved resistance to osmosis blistering All glass reinforcement shall be E Glass type or better. Interior and exterior of the fiberglass flume to have a minimum 0 018 to 0 20 inch (0 45 to 0 SO mm) gelcoat thickness Slides shall have integral fiberglass runout lane slide ass[ if possible WeterSlide over G (1 Brr) shall be designed and manufactured in accordance with international standard ASTM F2376, European standard EN1069-1 or Chinese standard GB 19168 according to the project 11 Wateralides- Classic with Hand Lay-up/Spray-up process: All 224-h (SS 9 rev) Kiddie Slide, Family Slid., 36-inch (91 4 arm) Open flume, 30,75-inch (781 arm) Oponflume, 31.626-inch (80 3 em) Close flume and Raft Slide shall be manufactured with an open mold hand lay-up/Sprey-up process using high quality isophthatic polyester colored gel -at and s polyester resin system with isophthalic and orthophthslic reska Fiberglass reinforcements shall be continuous roving chop fibers, woven roving and shall be "E' glass type Standard flume section shall have a minimumthickness of 0 25-inch (S4 mm) and joint flanges a minimum 0.354nch (9 mm) thickness Interior of the fiberglass flume (riding surface) to have a minimum 0.018 to 0.204mh (0 4S to 0 50 mm) gatcom thickness with s 600-grit smooth finish. Exterior feces to be coated with a color urethine UV protective coating Slides shelf have integral fiberglass run-L lane slide exit if Possible 12 Mounting and Assembly Hardware: All hardware shall be made of high corrosion resistance 31fs/316L stainless steel grade to offer the best durability and protection, 13 Safely Craftsmanship: All edges shag be machined to a rounded edge. All welds shall be smoothed, watertight and factory pressure tested Water sprays nozzles shall be designed to pevent any Protrusion or recessed All Elevations aquatic play structures shall be designed and manufactured in accordance with Vortex Quality Management System registered under ISO-9001:2015, international industry safety standards ASTM F2a61 and F23r6 or European safely standard EN IS451-8 and EN 1069-1 according to the project oAVORTEX I Federal Way Community Center- WA, USA .Verses C .3004 Elevations a Specification$ 50 of 72 Precision Ride"' & Classic Waterslides & Structures - Simplified Materials Specifications t Slide sections— PreclsionRide RTM Process: PrecisionRidd"series 36-inch (914 cm) Open and 32-inch (B13 cm) Close flume fiberglass slides shall be manufactured using a Resin Transfer Molding (RTM) system or Vacuum Assisted Resin Transfer Molding (VARTM) system by Vortax. At least 90% of all fiberglass flume parts are to be RTM with both sides having a 600-grit surface finish or better. Standard Hume section shall have a minimum thickness of 0 23-inch (6 mm) and joint flanges a minimum 0.35 inch (9 mm) thickness. Finish surface shall be high quality isaphthelic polyester colored gelcoet and resin shall be premium quality vinylester providing improved resistance to osmosis blistering All glass reinforcement shall be E Gies, type or better. Interior and exteriorof the fiberglass flume to have a minimum 0 Ole to 0.20 inch (0 45 to 0 50 mmd gelcoet thickness. Slides shall have integral fiberglass runaut lane slide exitif possible. 2 Slides sections — Classic Hand Leyitp process: All 22ineil (55.9 ern) Kiddie Slide, Family Slide, 36-inch (914 ere) Open Hume, 30,75-inch (78.1 em) Open Hume, 31,6254neh (B0.3 cm) Close Hume and Raft Slide shall be manufactured with an open mold hard lay-up process using high quality isophthal'ic polyester colored gelcoal and a polyester resin system with isophthalic end orthophthalic resins Fiberglass reinforcements shall be continuous roving chop fibers, woven roving and shell be'E' glass type. Standard Hume section shall have a minimum thickness of 0 25-inch (6.4 mml and joint Menges a minimum 03S-inch (9 mm) thickness. Interior of the fiberglass flume (riding surface) to have a minimum 0.018 to 0.20-inch (0 45 to 0.50 mm) gelcoat thickness with a 600-grit smooth finish Exterior taus to be coated with a color urethane LIV protective coating. Slides shall have integral fiberglass runout lane slide exit if possible 3. Joints, Connections, and Seams: Flume to Hume joints shell be fastened with 3/8--inch stainless steel hardware Fume to support system connections shall be nude with stainless steel hardware Fiberglass joint connections shall be made using waterproof nan-,hrink caulking with suitable adhesion to fiberglass 4, Flume Structure[ Support System: Structural steel support columns, arms, and cross bracing as required by the design, shall be designed for ball -up installation Connection hardware and yokes, as required by the design, shag be stainless steel, nuts, bolls, and washers Yokes for connecting flumes to structural elements shall be V4-Inch-1hick galvanized steel angle 5, Waterslide Tower and Stairway System: Tower columns, cross -bracing, tension rods, stairway supports, stairway sections, railings and guardrails shall be hot -dipped galvanized steel and designed and prefabricated for bolt -up installation A hinged gate located atihe base of the walarslide tower shell be included Railings and Guardrails infill shell be either square bar pickets or Polycarbonate So fla.TM Polymer barrier panel (clear or patterned as specified) V2-inch thick and approved for exterior use and safety glazing. The outerfreme/ring of the railings and guardrails shall be hot -dip galvanized steel. Grabreih or handrails shall be hot -dip galvanized steel 6 Stair Treads, Landings and Decks: Shall be puhruded pedestrian fiberglass grating with■ light gray color nonslip surfacing with 18% openings providing a comfortable walking surface. Fiberglass grating shall be low maintenance, corrosion resistant and fire retardant according to ASTM Ee4. 7. Structural Systems: Structural supports, lower and walkway systems shell be designed for: Seismic zone [as required per location of the project), Wind speed [according to project location), Srnaw, load [according to project location) and Live load [according to project or default live bad of 100 pounds per square foot) 8 Pipe Columns: All steel pipe columns shall meet the requirements of ASTM AS3. 9. Tubing: All rectangular or square steel tubing shell meat the requirements of ASTM A500, Grade B. 10 Bolls and Nuts: Where required all high strength ball. shall meet the requirements of ASTM A325 11 Anchor bolls, All anchor bolts shall be hot -dip galvanized steal and shell meet the requirements of ASTM A36 12. Protective Coatings and Colors: Walerslide steel support structure shell be hot -dip galvanized steel standard (according to ASTM A123) and coated with multi -step process including a zinc -rich primer and a heat -cured powder costing SuperOurable grade top coat compliant with AAMA 2604 forweethering resistance of archilectural exterior application, Top coat shall be emitting no VOC's and shall be free of phthalates, i.ocyenates, halogens end heavy metals 13. Safety signagc Sign shell be durable,non-comoseve, algid plesticor aluminum material suitable for exterior installations 14. Platform cover: Platform cover structural frame members shall use same materials and steel protection as slide structure Bolts and nuts shell be stainless sloe[ per ASTM F593, Alloy Group or and Anchor bolls shall be hot dip galvanized and ..at the requirements of ASTM A36. Platform cover shall be designed for Live loads: 10 pounds per square foot, Wind design speed: 60 miles per hour. Snow load: 5 pounds por square loot Shade fabric shall be made of high -density polyethylene with uhraviolel additives and a fire rating Class [(Hama spread index of l5 and smoke doveloped Index of is) 15 Safety Craftsmanship: All we larslides and their structure shall be designed and manufactured in accordance with Vortex Quality Management System registered under ISO 9001:2015, intemalionel industry safely standards ASTM F2376, European safely standard EN 134SI-8 and EN 1069-1 or GB 1816E according to the project requirements VORTEX 1 Federal Way Community Center -WA, USA Waterslides Wnlon C- 30604 Specifications 51 of 72 WATERSLIDES DESIGNS EXCEEDING STANDARDS ASTM F2: 76 International World Waterpark Standard for IBC Building rode ASSOCIatlon (WWA) Waterslide Design GuidellneS 4 qY i W-gand Operation 4i ASTM INTERNATIONAL WATERSLIDES FEATURES OVERVIEW canopy runouts a-J -!,r 1.,I...,.t4wrbsya1= rri(!• carrac+L1 . 4 tyi rims Luz"." exloh spiral stairway built-in highwalls . 71}Nl c9 S• S.2ntl•': ln�1 �r C• . I a 7 premium coating safety signage — _- ►ram... , _ AquaGRATEC, decking lockable gates I• �I .atyr,apctan.., ana �tuh• t:•+mlmt r-rl r wide stairways safety entry .. _ r • i7i17 L ' �Qi'T• yy{yI�Jr1M ^r•'i�T4 :ADO Nr�{rY built-in water chambers high grade gelcoats VORTEX: W,,1d Ieadlzr in aquatic play solutions VORTEX-INTL.COM I INFO a. VORTEX-INTL.COM 1.877-586.7839(USA/CANADA) 52 of 72 i A6 V Engineered for performance and manfactured with state-of-the-art technology, Vortex's new PrecisionRideTM series offers the ultimate waterslide experience with unmatched smooth, comfortable rides. 0 superior appearance • Superior glossy finish inside and out • Consistent thickness + Smooth, frictionless connections for an enhanced riding experience - 0 durability & perfomance • Long life, low maintenance Corrosion resistant Thermal & electrical insulation properties high strength - light weight • PrecisionRide'" series flumes have the highest strengthto-weight ratios in structures today 0 maximum design flexibility • Ride paths can be designed to ac- commodate your unique space and facility requirements World leader in aquatic play solutions '. VORTEX VORTEX-INTL.COM IINFO a.VORTEX-INTL.COM 1.877.586.7639 (USA/CANADA) 53 of 72 4.VORTEX Standards & Certifications Vortex is committed to providing quality products and services that exceed customer expectations while complying with globally recognized standards and certifications. Certified to globally recognized standards ISO9001:2015 CWB /CSA W47.1 Federal Communications Quality Management Systems Canadian standards for Commission ' (QMS) Fusion Welding of Steel I V Vortex MaestroPro`" Water Playground Controller is FCC Certified EN 1090-1 UL S08A A� Factory Production Control t: O Enclosed Control Panel Builder Certified Controller LISTED (File# E179407) Conforming to industry standards European Standards EN 17232, EN 1069-1 AN European Standards for Water Play Equipment and Features, and Water Slides ASTM International d(I�y ASTM F2461 '7 Standard Practice for Manufacture, Construction, Operation, and Maintenance of Aquatic Play Equipment ASTM F2376 Standard Practice for Classification, Design, Manufacture, Construction, and Operation of Water Slide Systems European Commission C♦ CE C European Union directives and standards Chinese National Standards GB/T18168 Specifications of Water Amusement Equipment GB 8408 Large -Scale Amusement Device Safety standard Vortex also conforms to other applicable standards including but not limited to: ASTM F27e3, EN 13451-3, CSA Z267, ADA USA federal regulations. Please inquire foryour specific project. vortex-intl.com I infof�)vortex-intl corn 1 1 877 586 7839 (U5.1 : c j) 1 +1 514 694 3868 ;li,tcrnn•.an. ) CSA Group SPe CSAZ614 Children's Playground Equipment standard Standards Australia ` _c9fAS 4685 t Australian Standards for Playgrounds including Design, Installation, Maintenance, and Operation of Playgrounds 54 of 72 SUSTAINABLE DEVELOPMENT A vsr DURABILITY OF OUR PRODUCTS Our features are designed to last and require little maintenance Stainless steel 304/304L Coloured thermosetting polyester powder coating RECYCLED MATERIALS Transport materials Manufacturing waste WATER MANAGEMENT Optimization of water consumption DIGITIZATION 25-year guarantee Withstands heat, extreme climates and UV rays • Fully degradable and recyclable • non -toxic bubble wrap • Boxes made of recycled cardboard We annually recycle: • Metal: 45,360 kg (100,000 Ibs) • Plastic: 454 kg (1,000 Ibs) • Wood: 9,072 kg (20,000 Ibs) • Low water consumption nozzles • Activators powered on demand To reduce waste and promote eco-responsible management of its activities, Vortex has begun a transition to zero -paper offices by favoring the use of digitized platforms for the marketing, production, and design teams. VORTEX World leader In aquatic play landscapes and entertainment Info a-vortex-Intl.com •vortex-intl.com 1.877.586.7839 (USA/Canada) • +1.514.694.3868 (International) 55 of 72 MATERIALS Vortex uses premium materials and adheres to the highest quality manufacturing standards. This ensures that products are reliable, durable and vandalism -resistant. STAINLESS STEEL SEEFLOWTM POLYMER ALUMINUM BRASS Vortex employs stainless steel as its primary material of Construction. The structural strength and corrosion resistant properties of stainless steel make it ideal for all features, anchoring systems and hardware. Vortex stainless steel consists of at least 25% post -consumer recycled content, with several products containing as much as 90% or higher recycled content. Additionally, stainless steel is 100% recyclable allowing for Vortex equipment to be part of a sustainable solution. The bright translucent colors of Vortex's SeefloWTM polymer creates some of the most visually stimulating aquatic play products available. Unique to Vortex, SeeflowT" is a high -strength, flexible material with extremely high impact and flammability resistance. It's long lasting properties including resistance to UV rays and chemical exposure make it suitable for both indoor and outdoor installation. The combination of bright color, water and sunlight create an enchanting visual experience. Manufactured with up to 40% pre -consumer recycled materials, and reusable at end of life makes the Vortex SeeflowT" a truly unique option. Vortex employs aluminum on certain mechanical equipment such as equipment vaults and water containment systems, as well as certain accent components like interactive handle spheres and counter weights. The light weight yet strong properties of aluminum make it ideal for this application and all aluminum components are chemically treated and painted to provide a lasting finish. Spray heads, ground sprays and nozzles on select above -grade products are machined from solid stock brass, lead-free for long term durability. To maintain high quality standards without risking galvanic corrosion, Vortex only uses 304L grade stainless steel housings. As part of Vortex's waste reduction efforts, all leftover brass is recycled. World leader in aquatic play solutions with over 4.VORTEX • vorte installations worldwide vortex-intl.com •info@vortex-Intl.com • 1.877.586.7839 (free USA/CANADA) • +1.514.694.3868 (INTERNATIONAL) 56 of 72 MATERIALS SOFT -TOUCH ELASTOMER DURABLE COLOR COATINGS SYSTEM FIBERGLASS HIGH DENSITY POLYETHYLENE (HDPE) ULTRA HIGH MOLECULAR WEIGHT POLYETHYLENE (UHMWPE) Vortex's unique Soft Touch elastomer - used in the ToeguardT" system - keeps little toes safe. The ToeguardT" was specifically developed with this material to provide protection from anchoring hardware. The high tensile strength material provides resistance to impact and chemicals, while providing a soft, non -slip surface to absorb unintentional knocks from toes and feet. The UV- stable color is impregnated through the thickness of the ToeguardTm and as a result, abrasion will not remove the color. The color process employed for coating our stainless steel structures is baked on lead-free powder coat with UV resistance that holds its color in intense sun and harsh climates. This protection means that colors stay vibrant over time and prevents minor cracks which can lead to corrosion. Some Vortex products are constructed of high impact resistant fiberglass with a resistant gel coat and clear coat coloring system. As part of the Vortex Water Containment System lining, lightweight and durable fiberglass offers the additional benefits of preventing leaching and providing a clean environment for water. HDPE panels provide colorful accent to many other Vortex water features. HDPE provides excellent UV, heat, chemical and impact resistance. Some components of our water features use UHMWPE which provides excellent UV, heat, chemical and impact resistance. As part of Vortex's waste reduction efforts all products using UHMWPE are recyclable. World leader in aquatic play solutions with over VO RT E X vorteinstallations worldwide vortex-intl.com • info�q�vortex-intl.com 1.877.586.7839 (free USA/CANADA) • +1.514.694.3868 (INTERNATIONAL) 57 of 72 0 -*VORTEX Project Color Options Pra}at No" I Laotian Pro}et IW xxxx t 58 of 72 Elevations" `A VORTEX ProJ.etColor Ophons C..t b.rri.r.raphin.v.il.bl. for. f.e W.ti. MMtiM1 M.M.0 M.rin.p YNI�._ Ma1n.F Yr..»A 9�, Tap Berrl.n Top B.M.n 1 9p Bottom B.M.n• � ■ � • • � Bottom B.M.rP �' � 1 •Aw7.d. on • Awil.bl. on sp..hp.e. only. spL.hP.a. onN. ti I + I r• i I ' nr...• .Iwr.i r...wp .tr..n• "f F rr..,r. VRroKI • Tap B.M.r. fi Tq 6nl.r. Bottom BerrMn• B�b.r B.rri.r.• • Av.il.hla an ' Awl.hl. an Spl..hp•d. only S...hp.d..nly. w 59 of 72 'A VORTEX PlayNuk comes available in three distinct color palettes that evoke different moods. The contrasting hues highlight accessories meant to be touched and maneuvered by young adventurers. Cool colors that Inspire a high sea sd..tum. Create.. squ.d. odyssey for young sweshbucklers. Fiberolm D.ek a B" Passe W= Fliewsi—elfda- �w er movN lhw calve wIN M eared, rmrdne b 1M Plrymlk madN a.�LeNe eLLear a— FWttittra f'— heeler reiee,Y.e a — Ytllr a,w,ar aLLep r.L We ML a.— X— Mes. A neutral palette that leave. lots of room for imaglnetim Complement your modem, urban setting Fr—ulw Desk k EldryPah nlrrgler Yids' 'O er Ten N eeeerdmev beurd.—dilgla the P►vwke lel RK rape Wreer aLe.Y P.IntOol.r 40 404" klLleta ahm aLLem Wre.r ..LIeT auwe Tramp.rwtfirsiM.11wdrs WNer Mra Prvl T—ap lerddopNe&.d.rr WNer Mao Peed •- a' 40 Elevations" PlayNuk Prq.eecowopm.- LU* aloe"atoll tiBltoarD landsealem from mysterious jungles to spmNkg deserts. Fibrglw Desk a ENryPete .r Flb.ryl.0 SMdee 'OM rTen orU—e oeW, will auasd, a—de,w e,. PW Anm" "40 W1.Y W— Ylaa. raYlr Calve Fe.n .saes. LLa,en .Lear aLLeW LLer. aLLaer aLL�Nll aLL�iee Titaprel aftlsvlsw WNr sass Pass 60 of 72 -*VORTEX Same polar inside 6 outside of the flume section Applicable to all waterslide types: PrecisionRide"", Classic, Wide Family, Kiddie Waterslide Elements Color Application 0 Fiberglass Flume: Fbergl.n Fume colon 0 Plelform 6 Stair Frame : Steel colon 0 Columns i Support Amn : Steel colon 0 Htotdn>Re i Harsdrei6 : Saaal Galen 0 Canopy: C.mpy colon (shown on nest page) 0 Stair Tra.ds (top of siepe and pl.tform} Only..11shle in light grey Waterslides color ops..1 of 2 RAWL'.e. RALI RAL� RALRR M sees ILAI.40011 RILL "- wslRr. -warn Meet, BAL ev Messes R L.ew Meet, Pd. Meet, f O..n er..ioy..r Far.ere5r Meet, MLfa.a MLaaR RM.aOU a— am.m ."— RAL— whin .hi RALeoe. RM.eelr Al. Rrrid. aidres— aeaeP ••• For -Worn Proi.-only 61 of 72 'A VORTEX 91000 oM im9wel• MA6—v e.ge�9llr 6hUvM% SnWvmm Shfw9m shHyWA I* 4D is N.+7M�� sMd99" skid9 f0% sAd9 u% 9Ad9tl% W "S W 94% W m W 9s% 4POID(O.- Oft. Chn%m99 Ch.. A4 D.Wt shdd 9 U% *.9" PW"M U.&7M Ws% W 9M% VV"U W 9s% AA—. ml— Mk Whig 9id9 s1% shd9 Ms M." 96% sh k 50% Wm Ws% UV96% uv9a% Aw.[e O.M 9unf—Ydluw =Ufna EhmWc Purph shd.9aA shd&70% Sfi9M 94% ih.%U% UV 99% uv9 UV 92% WW% Waterslides Color Option 2 9f 2 62 of 72 -*VORTEX Disclaimer Acluei Salon of product. erd metertab nuy appear ditledly than pkWred. Subject to mli shA'dy end chenge whhout notice. Please note that some colon may require longer bed dmes vortex-intl.com Vomot Aquatic Structures llrcer nadoml InfoWortee-Inthootn t.UF7.Us7M (usA a c.nad.) +1AM.fi94zasa anteine m) •aa. v.rM+..n.e.�brnrur 63 of 72 APPENDIX B Effective Date: 03/16/2022 County Trade Job Classification Wage Holiday Overtime King Carpenters Acoustical Worker $68.19 15J 4C King Carpenters Bridge, Dock And Wharf Carpenters Carpenter Floor Finisher Floor Layer $68.19 15J 4C King Carpenters f $68.19 15J 4C King Carpenters $68.19 15J 4C King Carpenters $68.19 151 4C King Carpenters Cement Scaffold Erector Application of all Composition Mastic $68.19 15J 4C King $67.41 15J 4U Masons King Cement Application of all Epoxy Material $66.91 15J 4U Masons King Cement Application of all Plastic Material $67.41 15J 4U Masons Cement Application of Sealing Compound $66.91 15J 4U King Masons King Cement Application of Underlayment $67.41 15J 4U Masons Cement $66.91 15J 4U King Building General Masons Composition or Kalman Floors King Cement $67.41 15J 4U Masons King Cement Concrete Paving $66.91 15J 4U Masons Curb & Gutter Machine King Cement $67.41 15J 4U Masons King Cement Curb & Gutter, Sidewalks $66.91 15J 41.1 Masons Curing Concrete King Cement $66.91 15J 4U Masons King Cement Finish Colored Concrete $67.41 153 4U Masons Floor Grinding King Cement $67.41 15J 4U Masons King Cement Floor Grinding/Polisher $66.91 15J 4U Masons Cement Green Concrete Saw, self -powered King $67.41 15J 4U Masons King Cement Grouting of all Plates $66.91 151 4U Masons King Cement Grouting of all Tilt -up Panels $66.91 153 4U Masons King Cement Gunite Nozzleman $67.41 15J 4U Masons Hand Powered Grinder King Cement $67.41 153 4U Masons Journey Level King Cement $66.91 15J 4U Masons King Cement Patching Concrete $66.91 15J 4U Masons 64 of 72 King King Cement Masons Pneumatic Power Tools Power Chipping & Brushing $67.41 151 4U Cement Masons $67.41 $67.41 153 151 4U King Cement Masons Sand Blasting Architectural Finish 4U King Cement Masons Screed & Rodding Machine $67.41 153 4U King Cement Masons Spackling or Skim Coat Concrete $66.91 153 4U King Cement Masons Troweling Machine Operator Troweling Machine Operator on Colored Slabs $67.41 153 4U King Cement Masons $67.41 153 4U King Cement Masons Tunnel Workers $67.41 151 4U King Ironworkers Journeyman $80.28 7N 10 King Laborers Air, Gas Or Electric Vibrating Screed $54.62 153 4V King Laborers Airtrac Drill Operator $56.31 153 4V King Laborers Ballast Regular Machine $54.62 153 4V King Laborers Batch Weighman $46.29 151 4V King Laborers Brick Pavers $54.62 153 4V King Laborers Brush Cutter $54.62 153 4V King Laborers Brush Hog Feeder $54.62 153 4V King Laborers Burner $54.62 153 4V King Laborers Caisson Worker $56.31 15J 4V King Laborers Carpenter Tender $54.62 151 4V King Laborers Cement Dumper -paving $55.62 151 4V King Laborers Cement Finisher Tender $54.62 151 4V King Laborers Change House Or Dry Shack $54.62 153 4V King Laborers Chipping Gun (30 Lbs. And Over) $55.62 153 4V King Laborers Chipping Gun (Under 30 Lbs.) $54.62 151 4V King Laborers Choker Setter $54.62 153 4V King Laborers Chuck Tender $54.62 15J 4V King Laborers Clary Power Spreader $55.62 153 4V King I Laborers Clean-up Laborer $54.62 153 4V King Laborers Concrete Dumper/Chute Operator $55.62 151 4V King Laborers Concrete Form Stripper $54.62 151 4V King Laborers Concrete Placement Crew $55.62 151 4V King Laborers Concrete Saw Operator/Core Driller $55.62 153 4V i King Laborers Crusher Feeder $46.29 151 4V King Laborers Curing Laborer $54.62 153 4V King Laborers Demolition: Wrecking & Moving (Incl. Charred Material) $54.62 153 4V King Laborers Ditch Digger $54.62 153 4V King Laborers Diver $56.31 153 4V King Laborers Drill Operator (Hydraulic, Diamond) $55.62 153 4V King Laborers Dry Stack Walls $54.62 153 4V King Laborers Dump Person $54.62 153 4V 65 of 72 King Laborers Epoxy Technician $54.62 153 4V King Laborers Erosion Control Worker $54.62 153 4V King Laborers Faller & Bucker Chain Saw $55.62 153 4V King Laborers Fine Graders $54.62 151 4V King Laborers Firewatch $46.29 153 4V King Laborers Form Setter $54.62 153 4V King Laborers Gabian Basket Builders $54.62 153 4V King Laborers General Laborer $54.62 151 4V King Laborers Grade Checker & Transit Person $57.31 153 4V King Laborers Grinders $54.62 153 4V King Laborers Grout Machine Tender $54.62 151 4V King Laborers Groutmen (Pressure) Including Post Tension Beams $55.62 151 4V King Laborers Guardrail Erector $54.62 153 4V I King Laborers Hazardous Waste Worker (Level A) $56.31 151 4V King Laborers Hazardous Waste Worker (Level B) $55.62 151 4V King Laborers Hazardous Waste Worker (Level C) $54.62 151 4V King Laborers High Scaler $56.31 151 4V King Laborers Jackhammer $55.62 15J 4V King Laborers Laserbeam Operator $55.62 151 4V King Laborers Maintenance Person $54.62 151 4V King Laborers Manhole Builder-Mudman $55.62 151 4V King Laborers Material Yard Person $54.62 153 4V King Laborers Motorman -Dinky Locomotive $55.62 151 4V King Laborers nozzleman (concrete pump, green cutter when using combination of high pressure air & water on concrete & rock, sandblast, gunite, shotcrete water blaster, vacuum blaster $57.31 153 4V King Laborers Pavement Breaker $55.62 151 4V King Laborers Pilot Car Pipe Layer (Lead) $46.29 153 4V King Laborers $57.31 151 4V King Laborers Pipe Layer/Tailor $55.62 153 4V King Laborers Pipe Pot Tender $55.62 151 4V King Laborers Pipe Reliner $55.62 153 4V King Laborers Pipe Wrapper $55.62 153 4V King Laborers Pot Tender $54.62 153 4V King Laborers Powderman $56.31 151 4V King Laborers Powderman's Helper $54.62 153 4V King Laborers Power Jacks $55.62 151 4V King Laborers Railroad Spike Puller - Power $55.62 153 4V King Laborers Raker - Asphalt $57.31 153 4V King Laborers Re-timberman $56.31 153 4V King Laborers Remote Equipment Operator $55.62 151 4V King Laborers Rigger/Signal Person $55.62 15J 4V King Laborers Rip Rap Person $54.62 15J 4V King Laborers Rivet Buster $55.62 153 4V King Laborers Rodder $55.62 153 4V King Laborers Scaffold Erector $54.62 153 4V 66 of 72 King Laborers j Scale Person $54.62 153 4V King Laborers Sloper (Over 20)" $55.62 151 4V King Laborers Sloper Sprayer $54.62 153 4V King Laborers Spreader (Concrete) 1 $55.62 153 4V King Laborers Stake Hopper $54.62 151 4V King Laborers Stock Piler $54.62 15J 4V King Laborers Swinging Stage/Boatswain Chair $46.29 153 4V King Laborers Tamper & Similar Electric, Air & Gas Operated Tools $55.62 153 4V King Laborers Tamper (Multiple & Self-propelled) $55.62 153 4V King Laborers Timber Person - Sewer (Lagger, Shorer & Cribber) $55.62 153 4V King Laborers Toolroom Person (at Jobsite) $54.62 151 4V King Laborers Topper $54.62 153 4V King Laborers Track Laborer $54.62 153 4V King Laborers Track Liner (Power) $55.62 153 4V King Laborers Traffic Control Laborer $49.50 151 4V King Laborers Traffic Control Supervisor $52.45 153 4V King Laborers Truck Spotter $54.62 153 4V King Laborers Tugger Operator $55.62 153 4V King Laborers Tunnel Work -Compressed Air Worker 0-30 psi $142.82 151 4V King Laborers Tunnel Work -Compressed Air Worker 30.01-44.00 psi $147.85 153 4V King Laborers Tunnel Work -Compressed Air Worker 44.01-54.00 psi $151.53 153 4V King Laborers Tunnel Work -Compressed Air Worker 54.01-60.00 psi $157.23 153 4V King Laborers Tunnel Work -Compressed Air Worker 60.01-64.00 psi $159.35 153 4V King Laborers Tunnel Work -Compressed Air Worker 64.01-68.00 psi $164.45 153 4V King Laborers Tunnel Work -Compressed Air Worker 68.01-70.00 psi $166.35 151 4V King Laborers Tunnel Work -Compressed Air Worker 70.01-72.00 psi $168.35 151 4V King Laborers Tunnel Work -Compressed Air Worker 72.01-74.00 psi $170.35 151 4V King Laborers Tunnel Work-Guage and Lock Tender $57.41 153 4V King Laborers Tunnel Work -Miner $57.41 7A 4V King Laborers Tunnel Work -Miner $57.41 151 4V King Laborers Vibrator $55.62 15J 4V King Laborers Vinyl Seamer $54.62 15J 4V King Laborers Watchman $42.08 15J 4V King Laborers Welder $55.62 15J 4V King Laborers Well Point Laborer $55.62 15J 4V King Laborers Window Washer/Cleaner $42.08 153 4V King Plumbers & Pi efitters Journey Level $94.69 6Z 1G 67 of 72 APPENDIX C WARRANTIES 68 of 72 VORTEX LIMITED WARRANTY PUBLISHED OCTOBER 2019 --------------------------------------------------------------- THIS LIMITED WARRANTY REPLACES AND SUPERSEDES ALL PREVIOUS VERSIONS All Vortex Aquatic Structures International ("Vortex") aquatic play equipment is designed and manufactured to the highest standards of quality and workmanship. Vortex warrants that all its products will be free of defects in manufacturing, workmanship and material for the coverage periods listed below only if the specified environmental parameters are met and none of the exclusions apply. REGISTRATION All warranties commence on the date of Vortex's invoice. Should any failure to conform to the warranties appear within the applicable warranty coverage periods, Vortex shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 90 days of written notification. COVERAGE PERIODS • Stainless steel tubing • Structural Stainless I Steel` • Weld workmanship • Aluminum • Brass • Polymer Panels steel used for climbable structures or used to hold a minimum weight of 240 lbs. EXCLUSIONS TO LIMITATIONS • Finishes • Galvanized steel structures • Plumbing Components • Mechanism & Hardware • Polymer • Concrete Components • Electrical Components • Paint graphic & Decal • Polymer composite Except as expressly set out herein, all warranties provided by the manufacturers and distributors of components, equipment, and parts ("Manufacturer") on products are hereby assigned to the owner, to the extent permitted by the Manufacturer, as the owner's sole and exclusive remedy with respect to such items. Any assistance by Vortex and/or its authorised partners with regard to component warranties shall not constitute an adoption of the responsibilities of a component manufacturer with regard to its component warranties. This Limited Warranty also does not apply to the following items: 1. Careless manipulation (including but not limited to mishandling, repackaging and transport) of Vortex equipment (products, systems, subassemblies and parts); 2. Exceeding product and system design capacities; 3. Misapplication, abuse, misuse, and/or operation of the equipment outside the parameters described in the user manual and/or design layouts provided by Vortex; 4. Failure to ensure that the structures and/or equipment are only subjected to normal use for the purpose for which the products were designed; 5. Failure to erect and/or install products according to the installation and assembly instructions provided by Vortex; I VORTEX-INTL.COM • INFO@VORTEX-INTL.COM VORTEX X 1 1.877.586.7839 (free USA/CANADA) +1.514.694.3868 (INTERNATIONAL) 69 of 72 VORTEX LIMITED WARRANTY, CONT. ------------------------------- 6. Addition or substitution of parts or modification of any type to Vortex equipment or components unless approved by Vortex in writing; 7. Use of non -original manufacturer replacement parts; 8. Subjecting the structures and/or equipment to modification, alteration, or repair by persons other than the Seller or Seller's designees in any respect which, in the judgment of the Seller, affects the condition or operation of the structures and or components; 9. Products, equipment and parts that are exposed to water chemistry profiles outside environmental parameters and swimming pool industry standards; 10. Failure to properly winterize equipment according to best practices and the procedures and documentation provided by Vortex, including but not limited to improper drainage in freezing conditions; 11. Accidental damage, fire, acts of God or other circumstances outside the control of Vortex; 12. Personal injury due to improper use of Vortex equipment; 13. Vandalism; 14. Failure or Neglect to carry out regular inspection and maintenance of Vortex equipment according to best practices and the procedures and documentation provided by Vortex taking into account its frequency of use and the surrounding environmental conditions; 15. Product installed within 500 yards of saltwater shoreline will be covered for half the period of the standard warranty up to a maximum of 5 years, for defects caused by corrosion; 16. Damage or deterioration of cosmetic surface finishes, including cracking, crazing, discoloration, air voids, fading, or oxidation of gel coat, fabrics, vinyls, plastics, painted items or stainless steel finishes. CLAIMS To make a claim, please contact your local representative or send your written statement of claim, along with the original project number and/or project name to Vortex by Email: support@vortex-intl.com Mail: Vortex Aquatic Structures International, 7800 Trans Canada, Pointe -Claire, QC, H9R 1C1, Canada Fax: +1.514.989.0413 To contact Vortex with any questions or comments with regards to this warranty, call 1.877.586.7839 (free USA/CANADA) or+1.514.694.3868 (INTERNATIONAL) or send email to support@vortex-intl.com. To contact Vortex with general questions or comments, call 1.877.586.7839 (free USA/CANADA) or +1.514.694.3868 (INTERNATIONAL) or send email to info@vortex-intl.com. Vortex Aquatic Structures International is not liable for any incidental expenses, inconvenience or loss due to warranty claims. For approved warranty replacements, Vortex shall deliverthe repaired or replacement part or parts via economical ground shipping free of charge for one year from the date of the seller's invoice. After that period, shipping charges will be incurred by the client. Vortex will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts. Replacement parts will be warranted for the balance of the original warranty. In no event shall Vortex have any liability or responsibility for any special, indirect, incidental, consequential or exemplary damages orfor lost profits or costs for removal and installation required to perform repairs or replacements, including any labor, travel and rental equipment costs arising out of this warranty or any other agreement, the transactions contemplated hereby, the products or the use of the products. I VORTEX-INTL.COM • INFO@VORTEX-INTL.COM VORT x I 1.877.586.7839 (free USAICANADA) 1 +1.514.694.3868 (INTERNATIONAL) 70 of 72 VORTEX Pointe -Claire, January 11th, 2022 Modified Warranty Project Name: Federal Way Community Center Refurbishment — WA, USA Vortex Aquatic Structures International warrants that all its products will conform in kind and quality to the specifications set forth in the specifications sheet for the products, and will be free of defects in manufacturing and material; under normal use and service for the periods set forth below: 5 Year Warranty on stainless steel structures, stainless steel anchoring systems and weld workmanship in an indoor application. 5 Year Warranty on brass components including: spray nozzles. spray caps and spray heads, high -density polyethylene components, polyurethane components, and ultra -high molecular weight polyethylene components. 3 Year Warranty all moving parts, stainless steel hardware, fiberglass products, Seeflow'"' polymer products, and the Toeguard", made of soft -touch elastomers. 2 Year Warranty on finishes, galvanized steel, electrical components and fiberglass composite. In the case of product approval and procurement, the standard warranty will be issued starting from the date of the take-over certificate provided this happens within 12 months from the date the goods leave the factory. Replacement parts will be warranted for the balance of the original warranty. With regards to defects covered by this warranty, Vortex shall repair or replace the defective part or parts, F.O.B. Vortex. All costs for removal and installation required to perform repairs or replacements shall be the responsibility of the purchaser. Vortex Aquatic Structures International 7800 Trans -Canada Hwy, Pointe -Claire, QC H9R iC6 1877 686 7839 (USA 6 Canada) 1 +1614 694 3868 (Intarn.tionap 71 of 72 ., VORTEX The warranty stated above is valid only if the structures and/or equipment are erected and/or installed in conformance with Vortex's installation and assembly instructions and maintained according to the maintenance procedures furnished by Vortex; have been subjected to normal use for the purpose for which the products were designed; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Seller or Seller's designees in any respect which, in the judgment of the Seller, affects the condition or operation of the structures and or components. To make a claim, please contact your local representative or send your written statement of claim, along with the original project number and/or project name to: Vortex Aquatic Structures International 7800 TransCanada, Pointe -Claire, Quebec 11911 106, Canada To contact Vortex with any questions or comments with regards to this warranty, call: +1-514-694-3868 Michael Cappiello — Director of Manufacturing Vortex Aquatic Structures International Inc. OAVORTEX Hnrtsx Structures Aqustklues InterrWgQny 780 Iltdomte Tranacarurdienne Polato-clslre, Qu6bft, Canada H9R 106 Tel: +1 514.894.38Ba - Sans4 (rals: +1.877.588.7835 lntO@vortex-Irrtl.cam - vortex-inil.com vort:ex Ind.r, -nnn Vortex Aquatic structures International 7800 Trans -Canada Hwy, Pointe -Claire, GIC H9R 106 1877 586 7839 (USA: Canada) I +1614 694 3868 Onbrnatlonal) 72 of 72 CMA151 N. Franklin, Chicago, IL 60606 SELECTION OR REJECTION OF TERRORISM INSURANCE COVERAGE Account Name: CEM Aquatics Policy Number: IM Effective Period: 5-15-22 to 7-15-22 I ❑ I I hereby elect to purchase coverage for losses arising out of certified acts of terrorism, as defined in the Act and subject to all applicable policy provisions. I hereby agree to the rejection of terrorism coverage for the listed policy, as indicated above. I understand that a rejection of terrorism coverage means the exclusion of foreign and domestic acts of terrorism that are determined F x1 by the Department of Treasury to be Certified Acts of Terrorism as defined in the Terrorism Risk Insurance Act. I also recognize by waivingthis coverage, if I so choose to add terrorism coverage on at a later date within this policy term, coverage will not be available if the alert level has been raised above "orange". I hereby agree that I am abiding by the rules and terms of my mortgagee, loss payee or additional insured as interest may appear, and have notified them of my intent to reject coverage. SIGNATURE BLOCK Z-W kelfAt g y Tim Garner Wav 16.202215:55 MDT Manager Authorized Representative's Signature Authorized Representative's Title CEM Maintenance; CEM Aquatics May 16, 2022 Named Insured Date of Signature 5 of 8 CEM Terrorism rejection form Builders Risk Federal Way Final Audit Report Created: 2022-05-16 By: Vicki Koontz (vkoontz@dalebarton.com) Status: Signed Transaction ID: CBJCHBCAABAA2SAxMxlHymBvURONKEyXrrcLTgGZ4EQU 2022-05-16 "CEM Terrorism rejection form Builders Risk Federal Way" Histo ry Document created by Vicki Koontz (vkoontz@dalebarton.com) 2022-05-16 - 4:22:55 PM GMT Document emailed to Tim Garner (mattr@cemaquatics.com) for signature 2022-05-16 - 4:23:30 PM GMT Email viewed by Tim Garner (mattr@cemaquatics.com) 2022-05-16 - 9:54:36 PM GMT Document e-signed by Tim Garner (mattr@cemaquatics.com) Signature Date: 2022-05-16 - 9:55:33 PM GMT - Time Source: server Agreement completed. 2022-05-16 - 9:55:33 PM GMT 0 Adobe Acrobat Sign A DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE F4/14/2022 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 aggart/Vicki Koontz NAME; Mark T Dale Barton Agency PHONE g01-288-1600 Fax •.801-288-1944 1100 East 6600 South Suite 400 1°�C X, AL Salt Lake City UT 84121-7418 ADDRRESS: Woorittl%dalebarton.com INSURERISI AFFORDING COVERAGE NAIC # INSURER A: Continental Casual COm2any 20443 INSURED CEMAQUA-01 INSURER B : Columbia Casualty CoLn2any 31127 CEM Maintenance Inc. dba: CEM Aquatics 3154 South Washington Street INSURERC: Salt Lake City UT 84115-3424 INSURER D : INSURER E : INSURER F : CAVPRArFS CERTIFICATE NUMBER- 1545291215 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 'ADDLSUBR POLICYEFF POLICY E7(P LIMITS LTR POLICY NUMBER MMIDO MMIDD A B X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR Y 6078541170 6081279229 (Prof/Poll) 6/28/2021 6/28/2021 6/28/2022 6/28/2022 EACH OCCURRENCE $1,000,000 DAMA T R PREMISES Ea occurrence S100,000 MED EXP (Any one person) $ 15.000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: RPOLICY I X I JECOT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 E&O/Pollution $ 2Mil/2 Mil X OTHER E&O/Pollution A AUTOMOBILE LIABILITY Y 6078541167 6/28/2021 6/28/2022 COMBINED SINGLE LIMIT te�a:aarae;�]) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY BODILY INJURY (Per accident) $ PROPERTY DAMAGE Pgr aeddant $ A X UMBRELLA LIAR X . OCCUR Y 6078541153 6/28/2021 6/28/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5.000,000 X EXCESS LIAR CLAIMS -MADE DED I X RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE PER Om, - STATUTE I i FR E.L EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? n (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below S A A Installation Floater Leased/Rented Equipment 1 6078541170 6/28/2021 6/28/2022 Installation Floater N 6078541170 6/28/2021 6/28/2022 Leased/Rented Equip Leased/Rented Equip. $1,000,000 100,000 per Item 350,000 per Occur DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Regarding Project: Federal Way Community Center, 876 South 333rd Street, Federal Way, Washington. Certificate holder and any/all parties that are required by written contract are additional insured for General Liability and Auto Liability on a primary non contributory bases. Urnbrella/Excess liability is follow form over the general liability and auto liability as per attached form CERTIFICATE HOLDER CANCELLATION City of Federal Way c/o Autumn Gressett 31510 Pete von Reichbauer Way S Federal Way WA 98803 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 r' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. TransfePof Interest Form No: CNA75504XX (03-2015) Policy No: CUE 6078541153 Policy Page: 21 of 32 Policy Effective Date: 06/28/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 31 of 52 0 Copyright CNA All Rights Reserved. CNA CNA63359XX (Ed. 04/12) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.I. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. CNA63359XX Copyright, CNA Corporation, 2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit." This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us CNA63359XX (Ed. 04/12) ;The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from US. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. "yD. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission CNA Contractors' General Liability Extension �{ 1. ADDITIONAL INSUREDS Endorsement WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the CNA74705XX (1-15) Page 2 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Page 3 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office, Inc., with its permission CIVA Contractors' General a. the Named Insured's acts or omissions; or Liability Extension Endorsement b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Page 4 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. ~'11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Page 8 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. N�A Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Page 9 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' 22. PROPERTY DAMAGE —ELEVATORS General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: CNA74705XX (1-15) Page 16 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Primary and Noncontributory Insurance CNA PARAMOUNT Ilanket Additional Insured - Owners, Lessees or Contractors -with Products -Completed Operations Coverage Endorsement With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. DNA POLICY DECLARATIONS I Named Insured: C.E.M MAINTENANCE, INC. LL-.POjri' Policy Number: 6078541 153 Renewal of: 6078541 153 Insurer's Name and Address: The Continental Insurance Company 151 N Franklin St Chicago, IL 60606 CNA Paramount Excess and Umbrella Liability Policy Declarations 11116 A J Mailing Address: 3154 S WASHINGTON ST SALT LAKE CITY, LIT 841 15-3424 Producer Information Producer: DALE BARTON AGENCY 1 100 E 6600 S STE 400 SALT LAKE CITY, LIT 84121 Producer Code: 540-050082 .. - - 06/28/2021 to 06/28/2022 at 12:01 a.m. Standard Time at your mailing address. Limits of Insurance Each Incident Limit Aggregate Limit Aggregate Products -Completed Operations Hazard Limit Policy Aggregate Limit Crisis Management Expenses Aggregate Limit Key Employee Replacement Expenses Aggregate Limit Self -Insured Retention IM9 $ 5,000,000 $ 5,000,000 $ 5,000,000 N/A $300,000 $100,000 $10,000 Form No: CNA75501XX (03-2015) Policy No: CUE 6078541153 Policy Declarations Page: 1 of 3 Policy Effective Date: 06/28/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 6 of 52 0 Copyright CNA All Rights Reserved. CNA Schedule of Underlying Insurance Underlying Insurer Policy Number Policy Period Note: Continental Insurance Company 6078541170 06/28/2021 to 06/28/2022 Continental Insurance Company 6078541167 06/28/2021 to 06/28/2022 Advantage Work Comp Insurance 4007022 05/01 /2021 to 05/01 /2022 CNA Paramount Excess and Umbrella Liability Policy Declarations 7- � Underlying Insurance I Coverages Limits of Insurance General Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Per Location : no Per Project : yes Products/ Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Liability Limit $1,000,000 Auto Liability Combined Single Limit $1,000,000 Employers Liability Bodily Injury by Accident- Each Accident Limit ' $1,000,000 Bodily Injury by Disease - Policy Limit $1,000,000 Bodily Injury by Disease - Each Employee Limit $1,000,000 Form No: CNA75501 XX 103-20151 Policy No: CUE 6078541 153 Policy Declarations Page: 2 of 3 Policy Effective Date: 06/28/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 7 of 52 Copyright CNA All Rights Reserved. CNA Underlying Insurer Policy Number Policy Period Note: Continental Insurance Company 6078541170 06/28/2021 to 06/28/2022 Underlying Insurance Stop Gap Liability Forms and Endorsements Attached to this Polic, See SCHEDULE OF FORMS• ENDORSEMENTS CNA Paramount Excess and Umbrella Liability Policy Declarations Coverages Limits of Insurance Bodily Injury by Accident- Each Accident Limit $1,000,000 Bodily Injury by Disease - Policy Limit $1,000,000 Bodily Injury by Disease - Each Employee Limit $1,000,000 ■ ~# Minimum Earned Premium Total Premium Premium includes the following amount for Certified Acts of Terrorism Coveraqe ■ I Notices Notice to insurer Address Fax #: Email Address: CNA Claims Reporting P.O. Box 8317 Chicago, IL 60680-8317 800-446-8632 HPReports@CNA.com �W 0% of the Total Premium $14, 649.00 SO Form No: CNA75501 XX (03-2015) Policy No: CUE 6078541 153 Policy Declarations Page: 3 of 3 Policy Effective Date: 06/28/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 8 of 52 0 Copyright CNA All Rights Reserved CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. TransfePof Interest Form No: CNA75504XX (03-2015) Policy No: CUE 6078541153 Policy Page: 21 of 32 Policy Effective Date: 06/28/2021 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Policy Page: 31 of 52 0 Copyright CNA All Rights Reserved. ��F, srnr� oA 0 7 N x S 4 0 Y STATE OF WASHINGTON BUSINESS LICENSING SERVICE Thank you for filing online Our processing time generally takes up to 10 business days. Some endorsements may take more time for state or city approval. You will receive your business license with approved endorsements in the mail. An updated business license will be mailed to you when additional endorsements are approved. Confirmation Number: 0-026-790-298 Payment Method: ACH Debit/E-Check Business Entity Information Entity Type: Corporation Name of Entity: C.E.M MAINTENANCE, INC. Account ID: 604292063-001-0001 Firm Name: CEM AQUATICS Endorsement(s) Applied For Begin Federal Way General Business - 05/18/2022 Non -Resident Fee Type Begin BLS Processing Fee 05/18/2022 Filing Date and Time: 05/18/2022 09:06:52 AM End Count Fee 05/31 /2023 1 $81.00 $81.00 End Count Fee 1 $0.00 $0.00 Grand Total: $81.00 txL0004 labor & Industries (http,//Ini Wa gov), Contractors CEM AQUATICS Owner or tradesperson Principals NIELSEN, CRAIG RICHARD, MEMBER NIELSEN, MARIE ADA, MEMBER Doing business as CEM AQUATICS WA UBI No. 604 292 063 Parent company C E M MAINTENANCE INC License PO BOX 65351 SALT LAKE CITY, UT 84165 801-485-6800 Business type Corporation Verify the contractor's active registration / license / certification (depending on trade) and any past violations. Construction Contractor Active Meets current requirements. License specialties Swimming Pools, Spas and Hot Tubs License no. CEMAQA'828L9 Effective — expiration O6/29/2018— 07/01/2022 Bond Old Republic Surety Co $6,000.00 Bond account no. W150319067 Received by L&I Effective date 06/29/2018 06/26/2018 Expiration date Until Canceled Insurance Continental Cas Co $1,000,000.00 Policy no. 6078541170 Received by L&I Effective date 07/06/2021 06/28/2021 Expiration date O6/28/2022 Continental Cas Co $1,000,000.00 Policy no. 6078541170 Received by L&I Effective date 06/30/2021 06/28/2021 Expiration date 06/28/2022 Insurance history Savings ...I .................. No savings accounts during the previous 6 year period. Lawsults against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent Registered training agent. Check their eligible programs and occupations. Workers' Comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. L&I Account ID Account is current. 671,866-00 Doing business as CEM AQUATICS Estimated workers reported Quarter 4 of Year 2021 "11 to 20 Workers" L&I account contact T01 KRISTI LINN (360)902-4620 - Email: LINB235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects Required Training— Effective July 1, 2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period. BUSINESS INFORMATION Business Name: C.E.M MAINTENANCE, INC. UBI Number: 604 292 063 Business Type: FOREIGN PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 3154 S WASHINGTON ST, SALT LAKE CITY, UT, 84115-3424, UNITED STATES Principal Office Mailing Address: 3154 S WASHINGTON ST, SALT LAKE CITY, UT, 84115-3424, UNITED STATES Expiration Date: 06/30/2022 Jurisdiction: UNITED STATES, UTAH Formation/ Registration Date: 06/28/2018 Period of Duration: PERPETUAL Inactive Date: Nature of Business: SWIMMING POOL, WATER FOUNTAIN AND SPLASH PAD SERVICES REGISTERED AGENT INFORMATION Registered Agent Name: REGISTERED AGENT SOLUTIONS, INC. Street Address: 3400 CAPITOL BLVD. SE, SUITE 101, TUMWATER, WA, 98501, UNITED STATES Mailing Address: P.O. BOX 1368, OLYMPIA, WA, 98507, UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL CRAIG NIELSEN GOVERNOR INDIVIDUAL MARI NIELSEN GOVERNOR INDIVIDUAL LYNN REMUND Washington State Department of Revenue < Business Lookup License Information: Entity name: C.E.M MAINTENANCE, INC. Business name: CEM AQUATICS Entity type: Profit Corporation UBI #: 604-292-063 Business ID: 001 Location ID: 0001 Location: Active Location address: Mailing address: Excise tax and reseller permit status: Secretary of State status: 3154 S WASHINGTON ST SALT LAKE CITY UT 84115-3424 3154 S WASHINGTON ST SALT LAKE CITY UT 84115-3424 Click here Click here Governing Peo p I e May include gomming people not registered with Secretary o/State Governing people Title NIELSEN, CRAIG NIELSEN, MARI REMUND, LYNN Registered Trade Names Registered trade names Status CEM AQUATICS Active New search Back to results First issued Jun-20-2018 The Business Lookup information is updated nightly. Search date and time: 3/7/2022 12:01:13 PM Contact us How area doing? Autumn Gressett From: Matt Ruzicka <mattr@cemaquatics.com> Sent: Tuesday, May 17, 2022 3:05 PM To: Autumn Gressett; Logan Roberts Cc: Leif Ellsworth; Brandon Sanchez Subject: RE: CEM Builders Risk Policy Update. [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Hi Autumn — we do not use unions. Do you need this page still signed? If so, I will have it signed and sent back to you. Thanks, Matt Ruzicka CEM Aquatics CEM From: Autumn Gressett <Autumn.Gressett@cityoffederalway.com> Sent: Tuesday, May 17, 2022 3:00 PM To: Matt Ruzicka <mattr@cemaquatics.com>; Logan Roberts <loganr@cemaquatics.com> Cc: Leif Ellsworth <Leif. Ellsworth @cityoffederalway.com>; Brandon Sanchez <brandons@cemaquatics.com> Subject: RE: CEM Builders Risk Policy Update. Thank you! Also, just caught that page 23 (exhibit E) wasn't signed. Do you not use any labor unions? IF you send me a screenshot of it, I can begin the routing of your contract today Thank you, .4u `umnv6reaeZ`t Community Relations Liaison, Performing Arts and Event Center Contract Administrator, Department of Parks, Recreation & Cultural Services CITY OF Federal Way Cent&vd on Om"rfuni!-; 253.263.5778 1 Cell 31510 Pete von Reichbauer Way S Federal Way, WA 98003 Facebook I Website Autumn Gressett From: Autumn Gressett Sent: Friday, May 13, 2022 1:59 PM To: Mark Taggart Cc: Matt Ruzicka; Logan Roberts; Vicki Koontz; Eleni Broadwater Subject: Re: CEM Builders Risk Policy Update. Hi Mark, Thank you for your patience on this. The recommendations listed below are acceptable to the City and approved. Please call me with questions! Autumn Gressett Community Relations Liaison/Contract Administrator Performing Arts and Event Center/ Department of Parks, Recreation & Cultural Services 253.263.5778 1 Cell 31510 Pete von Reichbauer Way S Federal Way, WA 98003 Facebook I Website On Apr 29, 2022, at 3:38 PM, Mark Taggart <mtaggart@dalebarton.com> wrote: [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Autumn Checking in as we get to the end of the day. Please advise and I can get you a COI first thing Monday, as well as provide updates should we have any. Hope it's a great weekend for everyone. Thanks, Mark B. Taggart, CIC Dale Barton 801-368-1440 mtaggart@dalebarton.com From: Mark Taggart <mtaggart@dalebarton.com> Sent: Friday, April 29, 2022 1:57:08 PM To: Autumn Gressett <Autumn.Gressett@cityoffederalway.com>; Matt Ruzicka <mattr@cemaquatics.com> Cc: Logan Roberts <loganr@cemaquatics.com>; Vicki Koontz <vkoontz@dalebarton.com>; Eleni Broadwater <ebroadwater@dalebarton.com> Subject: Re: CEM Builders Risk Policy Update. Autumn Thanks for letting me know. If legal wants to talk I'd be happy to conference with them any time this afternoon. I reviewed all of CEM's policies yesterday and am confident this option is the most practical and cost effective for all parties. Thanks, Mark B. Taggart, CIC Dale Barton 801-368-1440 mtaggart@dalebarton.com From: Autumn Gressett <Autumn.Gressett@cityoffederalway.com> Sent: Friday, April 29, 2022 1:50:56 PM To: Mark Taggart <mtaggart@dalebarton.com>; Matt Ruzicka <mattr@cemaquatics.com> Cc: Logan Roberts <loganr@cemaquatics.com>; Vicki Koontz <vkoontz@dalebarton.com>; Eleni Broadwater <ebroadwater@dalebarton.com> Subject: RE: CEM Builders Risk Policy Update. Mark, These options are currently being reviewed by our legal team. I will get back to you as soon as possible. Thank you! Thank you, ,4u W nfveireaaett Community Relations Liaison, Performing Arts and Event Center Contract Administrator, Department of Parks, Recreation & Cultural Services <image002JPg> 253.263.5778 1 Cell 31510 Pete von Reichbauer Way S Federal Way, WA 98003 Facebook I Website From: Mark Taggart <mtaggart@dalebarton.com> Sent: Friday, April 29, 2022 12:44 PM To: Matt Ruzicka <mattr@cemaquatics.com> Cc: Autumn Gressett <Autumn.Gressett@cityoffederalway.com>; Logan Roberts <loganr@cemaquatics.com>; Vicki Koontz <vkoontz@dalebarton.com>; Eleni Broadwater <ebroadwater@dalebarton.com> Subject: Re: CEM Builders Risk Policy Update. [EXTERNAL EMAIL WARNING] This email originated from outside of the City of Federal Way and may not be trustworthy_ Please use caution when clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity of this email please contact IT Help Desk at x2555. Matt CNA came back with a two -month builders risk option covering the project value of $1,200,000. They will also add an additional existing building limit of $1,000,000. Between this and your $1,000,000 installation floater, the existing area where you will be working could have potentially up to $2,000,000 in protection. The builders risk premium is $2,500 and it includes a $5,000 deductible. The existing structure sub limit includes a higher $25,000 deductible. Autumn, if you will accept this please get back to Matt and me so we can bind coverage. I am confident this may be our best option to cover everything as best we can. Thanks, Mark B. Taggart, CIC Dale Barton 801-368-1440 mtagga rt @ d a ieba rtonxom From: Mark Taggart <mtaggart@dalebarton.com> Sent: Thursday, April 28, 2022 8:18:23 PM To: Matt Ruzicka <mattr@cemaguatics.com> Cc: Autumn Gressett <Autumn.Gressett@citvoffederalway.com>; Logan Roberts <loganr@cemaquat cs.com>; Vicki Koontz <vkoontz@dalebarton.con1> Subject: Re: CEM Builders Risk Policy Update. Matt Good evening. Thanks for checking in. ACL surgery was today... my only advice is don't ever tear it and you will be much happier. I worked a bit this afternoon and evening to keep my mind off of everything. So I followed up with all of the markets earlier today. It is looking like tomorrow will be the day. Are you still targeting starting on Monday next week? Autumn, as to a sub limit for the existing building it is likely the best case scenario will be in the 1-3MM sublimit range. All of our markets are saying that your regular property policy should pick up this exposure (initially). If CEM were to be directly liable for property damage to the existing building after construction, the city's property insurer will very likely subrogate to CEM's GL carrier (CNA). Because of this primary avenue, I again am curious if you and your team would reconsider accepting CEM's existing installation floater coverage, since it is quite broad and it includes the value of the materials going in, as well as general property -like coverage for parts of the building where they will be working. Another option would be a standard builders risk because it is broadest (without coverage for the existing building) and then the additional installation coverage. Here are a few observations for your review from CEM's current inland marine policy (note the part in yellow): Installation limit - $1,000,000 (we can increase this to the project value or possibly higher) The installation coverage includes the jobsite and temporary storage, as well as property in transit "Installation Property" means materials, supplies, fixtures, machinery or equipment on which installation work is being performed as part of the first named insured's project. Installation Property does not include property not covered. "Property Not Covered" means: 1. Contraband, or property in the course of illegal transportation or trade; 2. Buildings, structures, machinery, equipment and other property, except that particular part of buildings, structures, machinery, equipment or other property on which installation work is being performed as part of the first named insured's roject- "Installation Work" means construction, installation, fabrication, erection, disconnection, dismantling, rigging, hoisting, loading, unloading, servicing, repair, maintenance, renovation or rehabilitation. "Insured Property" means the following types of property, when a corresponding Property limit is shown on the Declarations or endorsement schedule: 1. Installation property; 2. Property covered for direct physical loss or damage under the Additional Coverages and Coverage Extensions of this coverage form. "Jobsite" means the area within the defined boundaries of a project that is: 1. Specifically scheduled on the Declarations; or 2. If blanket coverage is indicated on the Declarations, associated with any project accepted by the first named insured under a written contract. (CEM's policy is scheduled as "swimming pool projects.") "Project" means a construction or installation project that involves the installation work of buildings, structures, materials, supplies, fixtures, machinery or equipment. Project types may be further defined or limited on the Declarations. 4 Based on these policy definitions, what are your thoughts if we go the Installation Floater route for this project? As mentioned, we can increase the limit to the contract amount if it helps. Thanks, Mark B. Taggart, CIC Dale Barton 801-368-1440 mtaq_aart@dalebarton.com From: Matt Ruzicka <mattr@cemactuatics.com> Sent: Thursday, April 28, 2022 9:06:17 AM To: Mark Taggart <mta art da!ebarton.com> Cc: Autumn Gressett <Autumn.Gressett@cityoffederalway.com>; Logan Roberts <loga n r @ ce ma q ua ti cs.co m> Subject: CEM Builders Risk Policy Update. Good morning Mark, Thank you for taking the time to discuss the current status of the request for the builders risk insurance policy yesterday afternoon. Please let Autumn and I know as soon as you hear back from the potential providers of this policy for this project on behalf of CEM. Good luck with your surgery today! good morning Autumn, I spoke with Mark yesterday afternoon and he was still waiting on the proposals from the potential providers of this builders risk insurance policy on behalf of CEM for this project. Mark is having surgery today and is expecting to be able to have him or one of his team members get back to us sometime late today or tomorrow with an update of the proposals that they receive from these potential providers. We will provide this documentation as soon as we receive it from Mark and his team. Thank you, <image003.png> I Matt Ruzicka CEM Aquatics 0: 253-649-0183 1 mattr@cemaguatics.com https.//link.edgepilot.com/s/7ec9cfc2/R3JYIE8uiO 0 J6rNiEpkQ?u=http://www,cemactuatics.com 5801 Soundview Dr. Ste. 204 Gig Harbor, WA 98335 IMPORTANT: The contents of this email and any attachments are confidential. They are intended for the named recipient(s) only. If you have received this email by mistake, please notify the sender immediately and do not disclose the contents to anyone or make copies thereof. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. Links contained in this email have been replaced. If you click on a link in the email above, the link will be analyzed for known threats. If a known threat is found, you will not be able to proceed to the destination. If suspicious content is detected, you will see a warning. * OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: SAMUAL J CARRICK, RONNI LEE CLARKE, KRISTINE JENSEN, MICHAEL HAFEN, ANGIE THURMAN, KARLIE MANGELSON, DAVID W. MELLING, OF OREM, UT its true and lawful Attomey(s)-in-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliverand affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, ( other than bail bonds. bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Altomeys-in-Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signvA and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as dcfined or finuted in the ittstrtunent cvidemcing the appoinInaL t in each case, for and on behatfof the company to executc and deliver and aITx the seat of the company to bonds, undertakings, recognizances, and suretyship obligations or all kinds; and said oMeers may remove any such attorney -in -fact or agent and rcvokc any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned andsealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits ofthe authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER, that die signature of any authorizcd oflicerand the srsl of the company may be affixed by facsimile to any Power of Attorney or cenification them of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be affixed this 2ND day of NOVEMBER 2021. avq*, OLD REPUBLIC SURETY COMPANY rr Assistant Secretary = o SEAL o STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS '.. President On this 2ND day of NOVEMBER, 2021 personally came before me, Alta! Paylic and Karen ! Haffngt to me known to be die individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. c. r'�piAR}. t ayaL�l Notary Public My commission expires: 9/28/2022 CERTIFICATE (Expiration of notary commission does not invalidate this instrument) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attomey, are now in force. 48-1256 wa Signed and sealed at the City of Brookfield, WI this day of q SEAL Assistant Secretary WASATCH LEAVITT INS AGENCY INC 22851-W POAORS 102020