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EC17-418 - Original - Tube Art Displays, Inc. - Showare Wall Sign - 07/26/2017
i% 'i11ZK R rd s + r s J i IF CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to the City Clerk's Office. All portions are to be completed. If you have questions, please contact the City Clerk's Office at 258-856-5725. Vendor Name: Tube Art Displays, Inc. Vendor Number: JD Edwards Number Contract Number: k ' This is assigned by City Clerk's Office Project Dame: Showare Wall Sign Description: ❑ tnterlocal Agreement ❑ Change Order ❑ Amendment 0 Contract El Other: Contract. Effective date: Date of Mayor's SignaturTermination Gate: 9/21/17 Contract Renewal Notice (gays): Number of days required notice for termination or renewal or amendment Contract Manager: Tim Higgins Department: SMG Contract Amount: 53,6$4.g5 Approval Authority: ❑ Director W] Mayor ❑ City Council Meeting Date Detail: (i.e. address, location, parcel number, tax id, etc.): PUBLIC WORKS AGREEMENT between City of Kent and TUBE ART DISPLAYS, INC. THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Tube Art Displays, Inc., organized under the laws of the State of Washington, located and doing business at 11715 SE 5th St, Bellevue, WA 98005, (hereinafter the "Contractor"). AGREEMENT The parties agree as follows: I. DESCRIPTION OF WORK. Contractor shall perform the following services for the City in accordance with the following described plans and/or specifications: Create and install a wall sign for the Showare Center - more fully described in Exhibit A, Scope of Work. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon execution of this Agreement. Upon the effective date of this Agreement, Contractor shall complete the work described in Section I by] September 21, 2017. III. COMPENSATION. The City shall pay the Contractor a total amount not to exceed Fifty-Three Thousand Six Hundred Eighty-Four and 95/100 Dollars ($53,684.95), including any applicable Washington State Sales Tax, for the work and services contemplated in this Agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City's payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Payment and Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a payment and performance bond for the full contract amount. See Exhibit E for copy of current bond for this contract. B. Retainaae. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue, the State Department of Public Works Agreement 1 Tube Art Displays, Inc. Labor & Industries, and the State Employment Security Department, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. The amount retained shall be placed in a fund by the City pursuant to RCW 60.28.011(4)(a), unless otherwise instructed by the Contractor within fourteen (14) calendar days of Contractor's signature on the Agreement. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor maintains and pays for its own place of business from which Contractor's services under this Agreement will be performed. C. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained Contractor's services and is a service other than that furnished by the City, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be Public Works Agreement 2 Tube Art Displays, Inc. required by Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Contractor has a valid contractor registration pursuant to Ch. 18.27 RCW or an electrical contractor license pursuant to Ch. 19.28 RCW. G. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this Agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor's breach of any portion of this Agreement. If the City terminates this Agreement for good cause, the Contractor shall not receive any further money due under this Agreement until the Contract work is completed. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this project which may be used by the City without restriction. VI. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. See Exhibit C for the current Intent for this contract. Contractor shall pay prevailing wages in effect on the date the bid is accepted or executed by Contractor, and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached in Exhibit D. VII. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the notice provision section of this Agreement, section XV(D), within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral Public Works Agreement 3 Tube Art Displays, Inc. order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section VIII, Claims, below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. VIII. CLAIMS. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Public Works Agreement 4 Tube Art Displays, Inc. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). IX. LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. X. WARRANTY. Contractor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. The Contractor shall promptly correct all defects in workmanship and materials: (1) when Contractor knows or should have known of the defect, or (2) upon Contractor's receipt of notification from the City of the existence or discovery of the defect. In the event any parts are repaired or replaced, only original replacement parts shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for an additional year beyond the original warranty period applicable to the overall work. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Contractor, its sub-contractors, or any person acting on behalf of the Contractor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. XII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. Public Works Agreement 5 Tube Art Displays, Inc. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's duty to defend, indemnify, and hold the City harmless, and Contractor's liability accruing from that obligation shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event Contractor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Contractor's part, then Contractor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Contractor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Public Works Agreement 6 Tube Art Displays, Inc. Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. I. Public Records Act. The Contractor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Contractor in its performance of this Agreement may be subject to public review and disclosure, even if those records are not produced to or possessed by the City of Kent. As such, the Contractor agrees to cooperate fully with the City in satisfying the City's duties and obligations under the Public Records Act. J. City Business License Required. Prior to commencing the tasks described in Section I, Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will Public Works Agreement 7 Tube Art Displays, Inc. together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. (Signatures on following page) Public Works Agreement 8 Tube Art Displays, Inc. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. CONTRACT CITY OF KENT: By•:711 , By. SlTs�ignature) Print Name: -1--�r- Pri Na e: ette Cooke Its: it lvlay,or (title) DATE: DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR,,. CITY OF KENT: r , / I te- Contact e Tim Higgins Tube Art Display, Inc. City of Kent 11715 SE 5 1h St 220 Fourth Avenue South Bellevue, WA 98005 Kent, WA 98032 (206)223-1122 (telephone) (253) 856-670 1(tele phone) ................. A1PPRCD ED)AS TO FORM: KLL-lifa`w Department P:\ADM1N\C0NTRACTS\Tube Art Group\PublicWorksAgreement - TubeArt.docx Public Works Agreement 9 Tube Art Displays, Inc. DECLARATION CITY OF KEN T EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on alli of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. 1 have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4 During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing belWw, ag e to fulfill the, five requirements referenced above. g e to fulfill t By: X1 , ) For: 7 Title: Date:— EEO COMPLIANCE DOCUMENTS I CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS 2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS 3 EXHIBIT A SCOPE OF WORK (See following pages) EXHIBIT A 1 Dip BFLLEVUE OFFICE Proposal 11715SE HWSIroot Bellevue,WA98005 TUBE ART GROUP tel 206,223.1122 fax 206,223,1123 tubeart.com Jifly I Oth 2017 Thn 1-figgens Showare Center 625 West James Street K(:n(,WA 98032 By: Jeff'Kehun lie:Signage Proposal -New Showare/Accasso Sign. Ti M, On bchall'o`Tube Ail Group, I'm pleased to present my proposal for the signagL as shown in the provided TAG designs,The below prices assumes,site ready conditions find all wall blocking provided by GC.All wall repair and painting upon removal of the existing wall sign is to be DBO. Power to be provided within 5'of'wall sign location. Actual permits for Tire City o'Kent are additional.My pricing is as follows: Ign Typo OuAntity > F b c0on xltendllid Prim ,10'-6"x 35'-0" SF ShoWare Center/Accesso Wall Sign 1 $19,584,00 $8,738.,00 $28,322.00 - Matches current sign constrMtiOrl w/LED's V-0"approx x 18'-0" approx Slgn Panel to surface mount 2 $6,016.00 $1,796.00 $7.612.00 over existing signs- Dimensional Copy/Logo Remove the four existing Center-flung Scoreboard letter 4 $3,260.00 $1,998.00 $5,258,00 sets replacing with new accesso ShoWare CENTER Removal and disposal of the existing ShoWare Wall Sign $4,120.00 Permit Fees for the City of Kent $2.66T50 Permit Acquisiflon, for the City of Kent $495,00 Bond Fee (1.3% of 20% of contract value) $130.00 Subtotal $48,804.50 wsst $4,880A5 Total $53,684,95 Inolaboon pdcoo,apsumtt'ail ulgrm to.W Inutalled topther,Addillonal W;)ls,Would adjutiflhu Ohm C031, Quoled prIcias aro valld lor,K)days and arosobject to tho following terms-. I'deicsiquoted du net iriulnde xtutu our l Iwal%alci tuxes muVorlaxeWcos for uccomq ilaninitsvind col ineerini;drni4yp.1.5tich ulsarhes stwnll be included in theTbial Nice.Unhw asp Mic"real Nicca(the Juicer the order told balunce of dscTotel Price duo ni the 6swor conripicion arins1a11otiou.iuichnso Price dots hiclutle irrslollsuiairt reel deliweay,l'sacx"s�uotsoi do ntN iocl�o the cods oaf'runrrin�eCectrierat circuit wwtirunit rrw ate dl�agsy�tsy, '1:�u p"t11t{:1lrwSttll:dn�tl Ira;resgaciisible'ror late coslsaC,niid dto Wiallallon orghcuicM circuit SPRAXN will only circuits One,lilett Nalional Owlical Caduspccifictitium.11n:electrical circuit nlus(be in illoco within 5VcrlhoSijV1 p1scolftnt und illat Iwo U11ohmamed accmilillky ol Olt;Julie the iitpi is insuilledAlic etmuicai circuit for the 5!bTi displuy must not suppty finy cifier Jowl:and must have asolid piulid jnnih.M-adcol titcuils not su"litic dia obovocii1cria twill icquiraconlicclion byolhc;s.Alt sir;n5sago itlailuktowl loolvritic oil I I 0-yollago rxmv t.U4 Im(AlKnVise VIwifleJ, fuly un(wescill]conllitloi)s Nol tv baled al awlininio line Rein Oil a flulawit!nial"I Wit clialitc prior to final tocqlaucaby an spccOlcd dbowshall remain the piWity of Sell"until Scow melvos,HrW payment of lei tthaw pAce.11iis Agnutxnt shall not bo binding ulwrt ilia SM.U'R until sigrrad by an oxecu6ve ofiker therear,nod it nary only be tcmdnsred or modified in writing by an execotiw elllar orthc SELLER Tlds fteemr:nt caves all a6 roans belie=tho pinles and there tua no urtderstattdings,wsmntks arrcprrssntmfons,chhar cxptessod or itrtplitxl,oxapl m tit(brth herein. This Agroattant is the linol,comirkla aad oxciusiva expression ortho parties'agreement.Any slatemeat made by the SL'I M's agent or reptrsomativo that diftbrs am this Agwricni shall hrtve no a t' L Pcdomtom arall oils required ohha SHLIM shall be subject to dallty rarsirikes,Sawrruncnlal intererenco,nets arfeod,unRrnxat tammerolal detnys or other emus boyond its contraL I'Ws agreement ma bo signed In countrgnds and/or Wimile, All installation hours=quoted as"Standicrd"hours ivfatday lhtotrglt Irriday,bahwen 6 om and 6 pin(oxeludiug sal TOO Art holidays.)Any installation ouisido those"Standard"hours,require ovedima rates All sales era subject to Ilia ScAcre Salo 1 AqeStncntRtmirotdContU'lson%.TheSpccillcatfonsam the con kitritiolTh*Secamarlho Set*and may bad' Imadioany third pmty except Ibr any ailomays,accouniants, oranyofPwchasa>xanployc orpturassiotalswhohnvaanerdlolmowtnconnediantddtihlsAgteamenl, his n (may basignedbytatstmila. Pu(chaser's A*pFance Q Accepted by ,." ele EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 2. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: 1. Commercial General Liability _insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit. 2. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. EXHIBIT B (CONTINUED) Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. EXHIBIT B 1 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. (Remainder of page left blank intentionally) EXHIBIT B 2 TE A� CERTIFICATE OF LIABILITY INSURANCE DA07/102017 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 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 NAME: Parker,Smith&Feek,Inc. PHONE 425-709-3600 FAX 425 E-MAILExile -709-7460 2233 112th Avenue NE Arc No Bellevue,WA 98004 ADDRESS: INSURERS AFFORDING COVERAGE NAIC 0 INSURER A: Charter Oak Fire Insurance Co. INSURED Tube Art Displays,Inc. INSURER B: Phoenix Insurance Company 11715 SE 5th Street INSURER C: Continental Insurance Co. Bellevue,WA 98005 INSURER D: Travelers Casualty&Surety Company INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDNYYY A GENERAL LIABILITY P6603HO65717COF17 6/30/2017 6/30/2018 EACH OCCURRENCE $ 1,000,000 PX $5,000 MMERCIAL GENERAL LIABILITY X DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence S CLAIMS-MADE �OCCUR MED EXP(Any one person) $ 10,000 PD PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGG $ 2,000,000 1-1 P X LOC $OLICYX PRO B AUTOMOBILE LIABILITY P8103HO6551 APHX17 6/3012017 6/30/2018 Ea accideDISINGLE LIMIT 1 000 000 X ANY AUTO X BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ 1HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAR X OCCUR 6021143941 6/30/2017 6/30/2018 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAO CLAIMS-MADE X AGGREGATE $ 10,000,000 DED I X I RETENTION$ 10.000 $ D WORKERS COMPENSATION PAUB3H89838317 X WC STATU- X OTH AND EMPLOYERS'LIABILITY YIN "WA STOP IS INCLUDED 7/1/2017 7/1/2018 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,desalbe under 1 400 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) The City Of Kent is included as an Additional Insured and coverage is primary noncontributory On the General Liability,Auto,and Excess liability policies per the attached Endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Kent 400 West Gowe AUTHORIZED REPRESENTATIVE Kent,WA 98032 IP4AZ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 1 of 8 (VKT00) COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.S., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part 5. Other Insurance,this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period, to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily injury" or "property damage" this insurance applies and only to the extent that occurs and that is in effect during the policy pe- person or organization qualifies as an "insured" riod, requires this insurance to be primary and under the Who Is An Insured provision contained in SECTION II. non-contributory. CA T4 74 0215 @ 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while W til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a �. ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.S., Who Is An Insured, of SECTION II— COVERED Other Insurance, of SECTION IV — BUST- a — AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: o_ Any person or organization who is required under b. For Hired Auto Physical Damage Cover- = a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: s executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage. but only for damages to which an "employee's" name, with your CA T3 53 02 15 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Cpt709 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section II)is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring Insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part,but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury";and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oo- you or your subcontractor In the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the and of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional Insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) in the event that the Limits of insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance Is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply to"bodily Injury", "prop- the additional insured by this endorsement still is excess over any valid and collectible other in- of th damage" or "personal injury" arising out surance",whether primary, excess, contingent or of e rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services,including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the Ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove,drawings and specifications;and notice as soon as practicable of an 'occur- III. Supervisory, inspection, architectural or rence" or an offense which may result in a claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of`other insurance"which would or offense took place; cover the additional Insured for a loss we III. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ance provided to the additional insured by Ili. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the`occurrence"or ance" available to the additional insured offense. which covers that person or organization as a b) If a claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means II. Notify us as soon as practicable. that part of any written contract or agreement The additional insured must see to it that we under which you are required to include a receive written notice of the claim or"suit"as person or organization as an additional in- soon as practicable. sured on this Coverage Part, provided"that the bodily injury and property damage oo- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect;and fense and indemnity of any claim or "suit"to c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies,Inc. CG D2 46 08 05 CMA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D - Key Employee Exclusions With respect to Coverage D — Key Employee, this insurance does not apply to any actual or alleged: 1. Death or Disability death or permanent disability of a key employee relating to, or arising out of: a. nuclear reaction or radiation or radioactive contamination, however caused; b. sickness or disease, including mental illness or mental injury; c. pregnancy, childbirth, miscarriage or abortion; d. suicide, attempted suicide or self inflicted bodily injury, while sane or insane; e. the key employee's intoxication, impairment or otherwise being under the influence of alcohol or controlled substances; f. war, including undeclared or civil war; g. warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or h. insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses a. expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to: i. find a permanent replacement for the key employee; and ii. reduce or discontinue the key employee replacement expense; as soon as possible after the Named Insured's permanent loss of the services of the key employee caused by a covered accident. b. additional expenses incurred due to the Named Insured's loss of the services of a permanent replacement appointed or hired to replace a key employee, however caused. However, this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured's loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A- Excess Follow Form Liability, the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds, and then only for the same coverage, except for limits of insurance, afforded under such underlying insurance. B. With respect to the Coverage B - Umbrella Liability: 1. If the Named Insured is designated in the Declarations of this Policy as: a. an individual, the Named Insured and the Named Insured's spouse are Insureds, but only with respect to the conduct of a business of which the Named Insured is the sole owner. b. a partnership or joint venture, the Named Insured is an Insured. The Named Insured's members, the Named Insured's partners, and their spouses are also Insureds, but only with respect to the conduct of the Named Insured's business. d Copyright CNA All Rights Reserved. CHA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company, the Named Insured is an Insured. The Named Insured's members are also Insureds, but only with respect to the conduct of the Named Insured's business. The Named Insured's managers are Insureds, but only with respect to their duties as the Named Insured's managers. d. an organization other than a partnership, joint venture or limited liability company, the Named Insured is an Insured. The Named Insured's executive officers and directors are Insureds, but only with respect to their duties as the Named Insured's officers or directors. The Named Insured's stockholders are also Insureds, but only with respect to their liability as stockholders. e. a trust, the Named Insured is an Insured. The Named Insured's trustees are also Insureds, but only with respect to their duties as trustees. 2. Each of the following are also Insureds: a. The Named Insured's volunteer workers but only while performing duties related to the conduct of the Named Insured's business. b. The Named Insured's employees, other than either the Named Insured's executive officers (if the Named Insured is an organization other than a partnership, joint venture or limited liability company) or the Named Insured's managers fit the Named Insured is a limited liability company), but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business. However, none of these employees or volunteer workers are Insureds for: i. bodily injury or personal and advertising injury: (a) to the Named Insured, to the Named Insured's partners or members (if the Named Insured is a partnership or joint venture), to the Named Insured's members (if the Named Insured is a limited liability company), to a co-employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured's business, or to the Named Insured's other volunteer workers while performing duties related to the conduct of the Named Insured's business; (b) to the spouse, child, parent, brother or sister of that co-employee or volunteer worker as a consequence of paragraph (il(a) above; (c) for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph i. (a) or (b) above; or (d) arising out of his or her providing or failing to provide professional health care services. ii. property damage to property: (a) owned, occupied or used by; (b) rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; the Named Insured, any of the Named Insured's employees, volunteer workers, any partner or member (if the Named Insured is a partnership or joint venture), or any member (if the Named Insured is a limited liability company). C. With respect to the Coverage C- Crisis Event Management and the Coverage D - Key Employee, the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds, claims, claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the `Copyright CNA All Rights Reserved. CNA CNA Paramount Excess and Umbrella Liability Policy iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit; v. will assist the Insurer, upon its request, in the enforcement of any right against any person 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: I Copyright CNA All Rights Reserved. EXHIBIT C STATEMENT OF INTENT See following pages EXHIBIT C 1 Page 1 of 3 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Project Detail - Project Dashboard Document Received Intent ID: Affidavit ID: Status: Approved On Date: 7/11/2017 846529 7/17/2017 Company Details Company Name: TUBE ART DISPLAYS INC Address: 11715 SE 5th St BELLEVUE, WA, 98005 Contractor Registration No. TUBEAD*311QS WA UBI Number 178073073 Phone Number 206-223-1122 Industrial Insurance Account ID 15221700 Email Address wlundCtubeart.com Filed By Lund, Wesley Prime Contractor Company Name TUBE ART DISPLAYS INC Contractor Registration No. TUBEAD*311 QS WA UBI Number 178073073 Phone Number 206-223-1122 Project Information Awarding Agency KENT, CITY OF 220 - 4TH AVE S KENT, WA - 98032- 5895 Awarding Agency Contact Tanya Kosen Awarding Agency Contact Phone Number 253-856-5456 https://fortress.wa.gov/Ini/wagelookup/IntentDetaiIs.aspx 7/17/2017 Page 2 of 3 Contract Number 125956 Project Name Showare Center/Accesso Sign Contract Amount $53,684.95 Bid due date 7/5/2017 Award Date 7/11/2017 Project Site Address or Directions Showare Center 625 West James Street Kent, WA 98032 Payment Details Check Number: Transaction Id: 105836562 Intent Details Expected project start date: (MM-DD-YYYY) 7/14/2017 In what county (or counties) will the work be King, Yakima performed? In what city (or nearest city) will the work be Yakima, Auburn, Kent performed? What is the estimated contract amount? OR is $53,684.95 this a time and materials estimate? Will this project utilize American Recovery and No Reinvestment Act (ARRA) funds? Specifically, will this project utilize any No weatherization or energy efficiency upgrade funds (ARRA or otherwise)? Does your company intend to hire ANY No subcontractors? Does your company intend to hire subcontractors No to perform ALL work? Will your company have employees perform Yes work on this project? Do you intend to use any apprentices? No (Apprentices are considered employees.) How many owner/operators performing work on 0 the project own 30% or more of the company? Journey Level Wages County Trade Occupation Wage Fringe # Workers https://fortress.wa.gov/Ini/wagelookup/IntentDetails.aspx 7/17/2017 Page 3 of 3 Yakima Sign Makers Et Installers Journey Level $14.65 $3.65 8 (Electrical) King Sign Makers Et Installers Sign Installer $22.92 $3.65 2 (Electrical) King Sign Makers Et Installers Sign Maker $21.36 $3.65 2 (Electrical) Public Notes Show/Hide Existing, Notes No note exists https://fortress.wa.gov/Ini/wagelookup/IntentDetaiIs.aspx 7/17/2017 EXHIBIT D PREVAILING WAGES Per State of Washington Labor and Industries website, http://www.Ini.wa.gov/TradesLicensing/PrevWage/defauIt.asp Job County Trade Classification Wage Holiday Overtime Notes Sign Makers & Installers King Electrical Sign Installer $22.92 1 Sign Makers & Installers Kin Electrical Sign Maker $21.36 1 EXHIBIT D 1 EXHIBIT E PAYMENT AND PERFORMANCE BOND (See following pages) EXHIBIT E 1 Document A312T11 - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bona Bond No: 106760654 CONTRACTOR: SURETY: (Name,legal status and address) (Name,legal status and principal plane of butsiness) Tube Art Displays,Inc. Travelers Casualty and Surety Company of America 11715 SE 5th Street One Toiver Square This document has important legal Bellevue,WA 98005 Hartford,CT 06183-6014 consequences.Consultation with an attorney is encouraged with respect to its completion or modification. .OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or other party shall be considered City of Kent plural where applicable. 220 Fourth Avenue South Kent,WA 98032 CONSTRUCTION CONTRACT Date: 7. (_- C—? Amount:$$53,684.95 Description: Showare Center Signage Project (Name and location) I BOND Date: (Not earlier than Conshwetion Contract Date) Amount$10,736.99 I Modifications to this Bond: Q None See Section 16 i CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Tube Art Displays, c Travelers ri lty and Surety Company merica Signature: Signature: Name Ja- lJ jD �,y-rr Name Ehzabeth R.Ilahn and Title: and Title: Attorney-in-Fact (Any additional signato-es appear on the lust page of this Performance Bond.) (FOR RVFORut AT10NONLY—Natne,address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: (Architect,Engineer or other party:) Parker I Smith I Feek 2233 112th Ave.N.E. Bellevue,WA 98004 (425)709-3600 S 1852/AS 8/10 Page 1 of 4 §1 The°Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction C.ontraci,which is incorporated herein by reference. §21f the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the.Construction Contract,the Surety's obligation under this Bond shall arise alter .1 the Owner first provides notice to fire Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within live(5)business days after receipt of the Owner's notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otluerwise;any conference requested under this Section 3.1 shall be held within ten(10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract, §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to fire Owner;or .2 deny liability in whole or in part and notify the Owner,citing the reasons for denial. §ti If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If due Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 8.1852/AS 8/10 Page 2 of 4 7 if the Surely elects to act under Section 5.1,5.2 or 5.3,then fire responsibilities of the Surety to the Owner shall not be greater than those.of the Contraeior under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in die Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off en account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11.Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first If the provisions of this Paragraph are void or prohibited bylaw,the minimum period of timilation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where die construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom-and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so ftrnished,the intent is that this Bbndshall be construed as a statutory bond and not as a common law bond_ §-14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments.have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14:2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and changes made to the agreement and the Contract Documents. §:14.3 Contractor Defau It.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Defau It.Failtre of the Owner,which has not been remedied or waived,to pay the Contractor as required tinder the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 5-18521AS 8/10 Page 3 of 4 I a htiodifloafionslD.-igs bond areas 16116%vs: (Space is.providedhel(?ivfor.additio?r4ql.'.Yii;ta#o.-gs ofiqddedparfies,-ptherthan those appearingqi the"Overpaga.) CONTRACTOWAS PRINCIPAL, SURETY company. .(Cotporate Seat) Company:. (corporow'seal) Signature: Signature: Name and Me: Name and Me: Address Address 8-4 W/M 8/10 Page 4 of 4. Document A312TM - 2010 Conforms with The American institute of Architects AIA Document 312 Payment Bond Bond No: 10676D654 CONTRACTOR: SURETY: (Name.,legal status and address) (Name,legal status and prhtcipal place of husiiress) i Tube Art Displays,Inc. Travelers Casualty and Surety Company of America 11715 SE Sth Street One Tower Square This document has important legal i Bellevue,WA 98005 Hartford,CT 06183-6014 consequences.Consultation with ' an,attorney is encouraged with respect to Its completion or modification. OWNER: Any singular reference to (Name,legal status and address) Contractor,Surety,Owner or City of Kent other party shall be considered tY plural where applicaple. 220 Fourth Avenue South Kent,WA 98032 .CONSTRUCTION CONTRACT Date: 7^ ^ C 7 Amount;$53,684.95 Desciiption: Showare Center Signage Project (Name and location) BOND Date: C (Not earlr�han Construction Contract Date) Amount:$ 10,736.99 Modifications to firms Bond: ® None See Section 18 CONTRACTOR-AS PRINCIPAL SURETY Company: (Corporate Scat) Company-. (Corporate Seal) Tube Art Displays,Inc. Travelers I V ty and Surety Company of a lea Signature: Situe: `Namme L rJ Elizabeth R.Hahn and Title: and Title: �4°��,T.✓� (/�� Attorney-in-Fact (Any additional signahtres apperu'on the last page of thisPawnent Bond) (TOR LV)70AAfAT1QArONLY —Name,adek-ess and telephone,) AGENT or BROKER: OWNER'S REPRESENTATIVE: (4rchiiect,Engineer or other party:) Parker I Smith I Feek 2233 112th Ave.N.E. Bellevue,WA,98004 (425)709-3620 (425)709-3600 5-21491AS 8110 §1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract,which,_is incorporated herein by reference, subject•to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants,and defends;indemnifies and holds harmless the Owner from claims, demands,liens or suits by any person-or entity seeking payment for labor,-materials or equipment furnished for use in the performance of the Construction Contract;then the Surety and the Contractor shall have no obligation under this Bond. i §3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner wider this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property-by any person or entity seeking payment for labor,materials or equipment famished for use in the performance of the Construction Contract and tendered defense of such claims,.demands,liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied die conditions in Section 3,the Surety shall promptly and at the Suretys expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit: §.5 The Surety's obligations to a Claimantunder this Bond shall arise:after die following: §5.1 Claimants,who do riothave a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor,stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment-was,fnunnished or supplied or for whom the labor was done or j performed,within ninety(90)days after.having last performed labor.or last furnished materials or equipment included in the Claim, and .2 have sent a Claim to the,Surety(at the address described in.Section 13). §5.2 Claimants,who are employed by or have a directcontract with the Contractor,have sent a Claim to the Surety(at the address described in. Section 13). §8 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of nor►-payment under Section 5.1.1. §.7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7A Send an answer to the Claimant;with a copy to the-Owner,within sixty(60)days after.receipt of the Claim,stating the amounts that are undisputed and the basis for challenging any amounts that are disputed,,and §7.2 Pay or arrange for payment of any undisputed amounts. §.7.3 Ile Suretys failure to discharge its obligations under Section7.1 or Section7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If,however,the Surety fails to discharge its obligations under Section 7.1 or Section T2,the Surety shall indemnify the Claimant for the reasonable - attomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The-Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under.Seefion 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under tine Construction Contract shall be used for the.performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond.By the Contractor furnishing and the Owner accepting this Bond,they agree that all Rinds earned by the Contractor.in.the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the fimds for the completiorn of the work. S-2149/AS 6/10 §10 The Surety shell not be liable to the Owner,.Clannants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant wider this Bond,arid.shall have under this Bond no obligation to make payments to,or give notice on behalf ot;Claimants or otherwise have any obligations to Claimants tinder this Bond. 11 The Surety hereby waives notice of any change,including changes of time,to the Construction Contractor to related subcontracts,purchase orders and other obligations. §12 No suit or action shall be commenced by a Claimant under this Bond other than ut a court of competent jurisdiction in the state in.which the tha project t is the subject of the Conslntction Contract is located or after the ekpiration of one year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to Section 5.t.2 or 5,2,.or(2)on which the last labor or service was.perforrned by anyone orthe last materials or equipment were furnished by anyone under the Construction Contract whichever o,f(1)or(2)first occurs,If the provisions of tips Paragraph are void or prohibited by hiW,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety,the Owner or the Contractor shall be maned or delivered to the address shown on the page on which their signature appears.Actual receipt of notice or Claims,however.acoomplished,shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be peri'ormed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted-herefrom and provisions conforming to such statutory or other legal.requirement shall be deemed incorporated herein.When so furnished the intent is that this Bond shall be construed asa statutory bond and not as a common law bond. §9.5 Upon request by any person or entity appearing to.be a potential beneficiary of this Bond,the Contractor-and Owner shall promptly furnish a copy of this Bond or shall pemut a copy to be made.. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum:- .1 the name of the Claimant; i .2 the name of the person for whom the labor was done,or materials or equipment fuunished; .3 a copy of the agreement or purchase order pursuant to which labor,materials or equipment was famished for use in the performance of the Construction Contract, .4 a brief description of the labor,materials or equipment-firrrrished; .5 the date on which the Claimant last.performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; ,6 the total amount earned by the Claimant for labor,materials or equipment furnshed as of the date of the Claim, .7 the total amomrt of previous payments received by the Claimant;and 8 the total amount due and unpaid to rite Claimant for labor,materials or equipment furnished as of the date of the Claim. §16.2 Claimant.-An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfUlhy asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shill be to include without limitation in the terms`labor,materials or equipment-that part of water;gas,power,fight,heat,oil,gasoline-, tehephone.service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished §16.3 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. S-2149/AS 8110 §16.4 Owner Default,Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Constriction Contract_ §16.5 Contract Documents.All the.doctuitonts that comprise the agreement between the Owner and Contractor. §17 If this Bond is issued for an agreement between a Contractor and Subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §18 Modifications to this bond are as follows: (Space is pro vided helahs for additional signratta•es of added parties,other thorn those appearing on the covet-page) CONTRACTOR AS PRINCIPAL SURETY Company: (Cotporate Seal) Company. (Corporate Seal) Signature: Signature: Name and Tide: Name and Tide: Address Address S-21491AS 8/10 WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF A' FORNEY ..TRAVELERS J Farmington Casualty Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company Fidelity and Guaranty Insurance Underwriters,Inc. 'll•avelers Casualty and Surety Company of America St.Paul Fire and Maine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company l Atlorney-In Fact No. 230773 Certificate Nu-0 0 6 9 0 5 6 5 0 KNOB'ALL MEN BY THESE PRESENTS: That Farmington Casualty Company,St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company,St, Paul Mercury insurance Company,Travelers Casualty and Surety Company,Travelers Casually and Surety Company of America,and United States Fidelity and Guaranty Company are corporations duty organized under the laws of the Stale of Connecticut,that Fidelity and Guaranty insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the laws of the Slate of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Deanna M.French,Jill A.Boyle,Susan B.Larson,Scott Fisher,Elizabeth R.Hahn,Jana M.Roy,Scott McGilvray, Mindee L.Rankin,Ronald J. Lange,John Claeys,Roger Kaltenbach,and Guy P.Armfield of the City of Bellevue ,Stale of Washington their true and lawful Anorucy(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the stature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 22nd day of July 2016 Farmington Casually Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surely Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company C�s�,�<} lY �+•'r:int y O*gyp ipt.�xs q9 t ��*\T aap� FN w�ryy. ,p4)ySYN/D b.�pfpRRr�:.s+� i L 9�8 2� O ll 977 G j im S i ,p. ' HAFiTF0a0, COWL 8 in 1886 r �'ortcfi' 1.9Jr� @ }4SEALJcia k4, 'o Conn. o t ve.,SBRL.ip y }.{� d T•`" VRANCS !S, ••l��a b�(••..........VdjJ{` 4dl ,\l� f......✓�r� f//r�p` State of Connecticut By: t1 �ya�,"� --- City of Hartford ss. Robert L.Raney,Senior Vice Presidcul On this the 22nd day of July _ _2016 before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc..St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury hisuraune Company,Travelers Casually and Surety Company,Travelers Casualty and Surety Company of Amcrica,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duty authorized officer. In Witness Whereof,I hereunto set my hand and official seal. * T_- A&A�A 0, ' � ' My Commission expires the 30th day of June,2021. hlaiie C.Tetreoull.Notary Public 58440-5-16 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER REQUEST FOR MAYOWS SIGNATURE Please Pill ire All ,pplica�le 8'oxes :ENT rl lrlater:Tanya Kosen Phone (OrlgGriate): 545 Date SOt:71 5/17 date ref ouncil ApprovakNIA 'l turui....%l rn la to of Approval fr rn Flan rice. l cLlfP"K'b rtt to: Tanya Kosen (W'y required! iron corkracts 10,600 ,rave or on any Grant Agreements) 71 /'C a late Ft !wired.:ASAP C��te e�A naval fr�rn disk Marla er �1 117 " ender Name: 5,ud+get d. YE, ®' NO E: Tube�Art I)isplgy, in , uicN Fund, Lae un i Tay New sign for ahoWare H Cphtracts Must Be R,io rute;d Tlaedugh The Law ►epart aienit -01 area to bd tompleted by the LaW IDepartmenet.) Received: JAIL 191, 201 Lawn DepaIrtrnent Approved to Form: Laws M s Date"Pdrvw a,rded to Mayor:, Shaded Areas To Be Completed,By Administration Staff S /// r Alz ,,, ,,,,,,,,0��� ., �, ,>; ,,,/i; ;,�„,,, „ /, >io /MOW W�rMxnam6far�h9NWx^ttnopnaww+ o NN7Nr u ,>r .wr 4 >q w ,