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AG 13-211 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PRCS/ 2. ORIGINATING STAFF PERSON: J1czi 1 y--ex-2.9 EXT: 6:9 l 3. DATE REQ.BY: 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT o SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ O INANCE ❑ RESOLUTION CONTRACT AMENDMENT(AG#): I'5-21 1 o INTERLOCAL ❑ OTHER • 5. PROJECT NAME: M OMAYA cst nS 6. NAME OF CONTRACTOR: I 7. 11 ..A RACTOR: 611 ..A V►\ aa Lam/ ADDRESS: -` ►A �i ` V.) ` . r ' TELEPHONE: 263'369. 0C)5B E-MAIL: YuVT �C..9'7.1 i G\yY���.C.F W•- FAX: SIGNATURE NAME: INIVy1 Aw TITLE: EXHIBITS AND ATTACHMENTS: o SCOPE,WORK OR SERVICES o COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE o ALL OTHER REFERENCED EXHIBITS o PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES o PRIOR CONTRACT/AMENDMENTS CFW LICENSE# BL,EXP. 12/31/ UBI# ,EXP. / / 8. TERM: COMMENCEMENT DATE: I024// COMPLETION DATE: e. � , �,d1 9. TOTAL COMPENSATION:$ 1\1 11 --.1 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR C ARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: o YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED: o YES ❑NO IIF YES,$ PAID BY: ❑CONTRACTOR o CITY PURCHASING: PLEASE CHARGE TO: 5V3-710b- 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED PROJECT MANAGER ST- 12.15. 16 o SUPERVISOR o DIRECTOR o RISK MANAGEMENT (IF APPLICABLE) KLAW DEPT 1 - ( 7 ` "' 7 - 11. COUNCIL APPROVAL IF COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ( APPLICABLE) 12. CONTRACT SIGNATURE ROUTING / ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �1 i DATE REC'D: ii 1 3 ❑ ATTACH: SIGNATURE AUTHORITY,INSURANCE CERTIFICATE,LICENSES,EXHIBITS INITIAL/DATE SIGNED gGNATORY AW DEPT Chy ,jt,9,,( OR7D_IR C TOR) W,a1.A/+'r+ �17'/U/f CITY CLERK NO IL -�Q-[�6,) VASSIGNEDAG# AG# 21% //s// 4 SIGNED COPY RETURNED DATE SENT: 1/2.4.4 o RETURN ONE ORIGINAL COMMENTS: � vv�� O1 -k / - (Ini(k e-1 °c 4, ve Jdd /e 4 ✓ r V of( CC" -f v a f ueif f e .14e?C'�-r ve d 44(' ale C'tI0'1� P G✓eee V 11/9 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG#13-211 _.1 January 1, 2015 PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER Monument Sign Installation Fortress Construction, LLC PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: The time provided for completion in the Contract is ❑ Unchanged ® Increased n Decreased by 365 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 I I No If"Yes" Will the Policies Be Extended? ® Yes I I No PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ UNIT PRICE: 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. ." ThNTRACTOR'S MA OR'S DA ' SIGNATURE SIGNATURE CHANGE ORDER AGREEMENT 1 1/10 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑ DECREASED $ PAY THIS DJUSTED AMOUNT: $ 'R'S SIGNATURE CHANGE ORDER AGREEMENT 2 1/10 ACOREP CERTIFICATE OF LIABILITY INSURANCE DAT1/7/2015YYY) 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 Un Denneny Key Harbor Insurance Group,inc PHONE (425)423-9707 ac,No: A/C,No,Ext): ( ) 12811 8th Ave W, ADDARESS: myinsuranceOl @yahoo.com B205 INSURER(S)AFFORDING COVERAGE (S) NAIC# Everett WA 98204 INSURER A: Underwriter's at Lloyds,London INSURED INSURER B: Fortress Construction LLC INSURER C 495 Mt Fury Cr SW INSURER D: INSURER E: Issaquah WA 98027 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 AUULJUHK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �r CLAIMS-MADE OCCUR UAMAbt IU KtN I tU - PREMISES(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A PFK049719 07-13-14 07-13-15 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY CUMBINLU SINGLE LIMI I $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PHUPEH I Y UAMAUE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION IPER UIH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT • DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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. AUTHORIZED REPRESENTATIVE Lrilet, feJ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT. /DIV: NG�7 2. ORIGINATING STAFF PERSON: EXT: 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 ,iWkOFESSIONAL SERVICE AGREEMENT tJ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE • CONTRACT AMENDMENT (AG #): • OTHER ❑ HUMAN SERVICES/ CDBG • SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: 'y ov%% 1 rvvc� ci , " JI IY151 " I I Y� 6. NAME OF CONTRACTOR: f 7oy- k c;, C nt ,("IM LUL, ADDRESS: {- IRAY4 Ltal, W A TELEPHONE 2 • 354.005 E -MAIL: V% V— t'b FAX: 2 SIGNATURE AAML V tm TITLE e r 7. EXHIBITS AND ATTACHMENTS: gj,SCOPE, WORK OR SERVICES * COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS IAPROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS L-Am GuZ- 745 -7-50 11 11-- 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: WC 9. TOTAL COMPENSATION $ 1 S 10�� �b 'F 1 � 2b, ON i-ax (I CL`UUoDE E� XPPE SE'S AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES •lam NU IF YES, MAXIMUM DOLLAR AMOUNT: $ _ IS SALES TAX OWED .017ES ❑ NO IF YES; $ -I 12.(0 t� PAID BY: 2CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: �J�3.1 uV' 12gg • %low 10. DOCUMENT/CONTRACT REVIEW ROJECT MANAGER ❑ DIRECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED q- &-c- • 5= g•ti•13 q A 5cA o 1 L1 + C-x D COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING l SENT TO VENDOR/CONTRACTOR DATE SENT: �i 1 I DATE REC'D: 10 10 1 13 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, )LICENSES, EXHIBITS INITIAL / DATE SIGNED �� ,_ . _ J S fLAW DEPARTMENT D • 13 " t S t IQA� lo wt ru--#j IGNATOR MOR DIRECTOR) ITY CLER,� ' • ASSIGNED AG# AG# • -Z _ • SIGNED COPY RETURNED DATE SENT: 10 • ' COMMENTS: 11/9 SMALL PUBLIC WORKS CONTRACT FOR MONUMENT SIGNS INSTALLATION This small public works contract ( "Contract ") is dated effective this 04 day of October 20 k3 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Fortress Construction, LLC ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at various city parks located in Federal Way, Washington ( "Property "); and B. The Contractor has the requisite skill and necessary experience to perform such work. NOW, THEREFORE, the Parties ( "Parties ") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the Monument Signs Installation project, in Exhibit "A" attached hereto and incorporated by this reference, ( "Work "), and in accordance with and as described in the Contract Documents, which include without limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B ", Contractor's Retainage Agreement attached as Exhibit "C ", Contractor's Retainage Bond attached as Exhibit "D ", Notice to Labor Unions attached as Exhibit "E ", Certificate(s) of Insurance Form attached hereto as Exhibit "F ", Performance /Payment Bond attached hereto as Exhibit "G ", Prevailing Wage Rates attached as .Exhibit "H ", Title VI Assurances attached hereto as Exhibit I, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents "), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 31st day of December, 2013. In the event the Work is not completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work. 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: Rev 12/08 — 1 — (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C T where: LD = Liquidated damages per working day (rounded to the nearest dollar). C = Original Contract amount. T = Original time for completion. When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors, performed to the City's satisfaction, within the time period prescribed by the City. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all 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 City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole Rev 12/08 — 2 — 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. 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. MMMMOA WIT This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 31st day of December 2013, and the expiration of all warranties contained in the Contract Documents ( "Term "). 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. Rev 12/08 — 3 — 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor a fixed fee equal to Seventy Five Thousand Ten and 96/100 Dollars ($75,010.96), and Washington State sales tax equal to Seven Thousand One Hundred Twenty Six and 04/100 Dollars ($7,126.04), for a total amount not to exceed Eighty Two Thousand One Hundred Thirty Seven and 00 /100 Dollars ($82,137.00), which amount shall constitute full and complete payment by the City. 4.2 Contractor Responsible for Taxes. Except as otherwise provided in Section 4.1 hereof,) the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. Payment by the City for the Work will only be made after the Work has been completed, a voucher or invoice is submitted in the form specified by the City, and such invoice is approved by the appropriate City representative. Payment shall be made within thirty (30) days of receipt of such invoice or voucher unless otherwise set forth in the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute full compensation for the performance of the Work. Invoices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8t` Avenue South Federal Way, WA 98003 -6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Steve Ikerd Public Works Department 33325 8a` Avenue South Federal Way, WA 98003 -6325 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 taxes 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's Retainage Agreement 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 ( "Fund ") 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 Rev 12/08 — 4 — 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. 5. EQUAL OPPORTUNITY EMPLOYER In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Contractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit "E ", as required by Section 202 of Executive Order 11246. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit I. 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 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. Rev 12/08 — 5 — 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. TERMINATION Prior to the expiration of the Term, this Contract may be terminated immediately, with or without cause by the City. 8. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating, which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; (2) Commercial general liability insurance with combined single limits of liability not Rev 12/08 — 6 — 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 property damage. (4) If any structures are involved in the Contract, the Contractor shall maintain an "All Risk Builder's Risk 2 form at all times in an amount no less than the value of the structure until final acceptance of the project by the City. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self - insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an "occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by this Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F ", which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self Insured Retentions. Any deductibles or self - insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self - insured retentions. Rev 12/08 — 7 — 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 10. PERFORMANCE/PAYMENT BOND 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. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract as less than Thirty -Five Thousand Dollars ($35,000.00), the City may, in lieu of a bond, retain fifty percent (50 %) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. 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 known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. Rev 12/08 — 8 — 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates, which are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 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; and (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 12.3 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay for any materials or any insurance premiums, the City may terminate this Contract and/or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or insurance premiums. Rev 12/08 — 9 — 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. 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 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 Rev 12/08 — 10 — 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 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 Rev 12/08 — 11 — 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 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 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 Cations. 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. Rev 12/08 — 12 — CITY OF FEDERAL WAY --"24 r�-� Skip Priest, ayor 33325 8th Avenue South Federal Way, WA 98003 -6325 APPROVED AS TO FORM: ATTEST: City At ey, Patricia A. Richardson ity Clerk, Carol McNei ly, CMC FORTRESS CONST CTION, LLC By: im, General Manager 95 Mt. Fury Circle Issaquah, WA 98029 425.369.9246 STATE OF WASHINGTON ) �" ) ss. COUNTY OF Sh0Y0U1S'h/ ) On this day personally appeared before me min An , to me known to be the QPVID,V(Z {yyR0- of fpKtftSS CQn3N1Udt1C W LL(i 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 handARAaafficial seal this day of Q -NT , 2013. oPPC .....90-.9% o y �� W1,4C �11 %0T Aq y ; N �1 �i —�— (typed/printed name of notary) N►'. pUBL1G OZ Notary Public in and for the State of Washington. '9A e- Z), 1, Zo;° �'� My commission expires ,F WASH Rev 12/08 -� "� — 13 — EXHIBIT A SCOPE OF SERVICES Contractor will work with the City of Federal Way Park Department to install a variety of concrete monument signs, as outlined below. Contractor responsible for: A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. B. All fieldwork shall be performed under the supervision of a qualified employee. Laborers will be skilled working with vertical pours, radius corners and complicated custom form work. C. The Contractor will ensure that employees comply with all applicable City of Federal Way and Washington State regulations and practices with respect to work performed for the City of Federal Way. D. The Contractor's personnel will conduct themselves on site in a professional manner at all times. E. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. F. Equipment intensive work shall not commence before 7:00 a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). G. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835 -2700. After hours emergencies should be reported to the Police /Fire Communications Center - 911. H. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. I. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. J. The Contractor, at his or her expense, will remedy in a timely manner any damage to Rev 12/08 — 14 — Public or Private Structures or plant material due to Contractor negligence. K. Contractor will coordinate with the Parks Department when all work is to be performed. L. Contractor shall understand and install all signs per provided drawings and meet the requirements of the sign permit. Contractor shall be responsible for arranging appropriate City inspection prior to pouring any cement M. Contractor to excavate base to appropriate depth prior to setting forms and responsible for locating any underground utilities or structures. City responsible for: A. Obtaining a sign permit for each site. B. Final backfill around sign after final inspection. C. Installing landscape plant material around sign per code. Rev 12/08 — 15 — cc 9 N Z C' M O Q i Y Q N W a LJ Q z aLL O (-� J N m w Q - - -- - - ' - - - - - -I i I L I ; � I --- - CD W l _ o i °O I J I I I I I I 0 o z z I C 7 N 'I _ m 0 I CL z O U W N z 0 O O LL z >- c.� -I �z 0 ril vS w Q wN w U � w w Of U Q u'�ao w L i 0 I ° fr- w w C/7 ° Q � � O m M. z 0 H v W N z N J a z O v W Ix G Q m w I r'IN z O ___ ____ _ _ ____ _ - - -- W TN r2111 i� I ca z 0 N O O LL 4 W J Q v 0 O z Z J O t to N N n_ I w O z > Un N N = = N Z L —I J J �c.D ¢ ¢ -J L m g LLJ (n (n U = = m m w F Ur °z � �v � F- o _ z o < U) I I c N Z C' M O Q i Y Q N W a LJ Q z aLL O (-� J N m w Q - - -- - - ' - - - - - -I i I L I ; � I --- - CD W l _ o i °O I J I I I I I I 0 o z z I C 7 N 'I _ m 0 I CL z O U W N z 0 O O LL z >- c.� -I �z 0 ril vS w Q wN w U � w w Of U Q u'�ao w L i 0 I ° fr- w w C/7 ° Q � � O m M. z 0 H v W N z N J a z O v W Ix G Q m w I r'IN z O ___ ____ _ _ ____ _ - - -- W TN r2111 i� I ca z 0 N O O LL 4 W J Q v 0 O z 0 I CL z O U W N z 0 O O LL z >- c.� -I �z 0 ril vS w Q wN w U � w w Of U Q u'�ao w L i 0 I ° fr- w w C/7 ° Q � � O m M. z 0 H v W N z N J a z O v W Ix G Q m w I r'IN z O ___ ____ _ _ ____ _ - - -- W TN r2111 i� I ca z 0 N O O LL 4 W J Q v 0 O z z O U W N z 0 O O LL z >- c.� -I �z 0 ril vS w Q wN w U � w w Of U Q u'�ao w L i 0 I ° fr- w w C/7 ° Q � � O m M. z 0 H v W N z N J a z O v W Ix G Q m w I r'IN z O ___ ____ _ _ ____ _ - - -- W TN r2111 i� I ca z 0 N O O LL 4 W J Q v 0 O z i 0 I ° fr- w w C/7 ° Q � � O m M. z 0 H v W N z N J a z O v W Ix G Q m w I r'IN z O ___ ____ _ _ ____ _ - - -- W TN r2111 i� I ca z 0 N O O LL 4 W J Q v 0 O z r PROJECT NUMBER PROJECT TITLE EXHIBIT B CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE 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 $ DECREASE $ UNIT PRICE: 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. CONTRACTOR'S SIGNATURE Rev 12/08 MAYOR SIGNATURE - 16 - DATE DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ *ADJUSTMENTS $ NEW CONTRACT AMOUNT $ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY []INCREASED $ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ MAYOR'S SIGNATURE Rev 12/08 — 17 — EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT City of Federal Way Bid/Contract Number 33325 8th Avenue South Federal Way, WA 98003 -6325 253- 835 -7000 IDENTIFICATION AND DESCRIPTION Project Title: Monument Sign Installation Contractor: Fortress Construction, LLC Representative: Min Kim, General Manager Bid No. City Representative: Steve Ikerd Project Authority Date Administering Department Funding Source RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions ❑ to invest ;.(.not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank,_ Mutual Fund or Savings & Loan Association: q n�G ' ems► Address: 4e S /'7'7- �wry. CIA . SG✓ I.SS o1', Account #: ! 97 ;1-0 Contact Person: MW, KIM Contractor: MW- le-IAI Date: to ! 3 By: a11 s G Title: e e r g n °`Y Address: Phone: Fed ID #: o Est. Completion Date: CITY APPROVAL Approval of Investment Program and Retainage Agreement Finance Director Date CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on Rev 12/08 - 18 - I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department Also, please find attached certifications by the applicable state agencies of the receipt of 1) Washington State Business Taxes ( Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) Rev 12/08 — 19 — TO: EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with 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 obliged not to discriminate against any employee or applicant of employment because of race, color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 33325 8t' Avenue South Federal Way, WA 98003 c Nt /.✓ . lcl�'I (Contractor or subcontractor) /O -ld -- Zd t3 Date EXHIBIT G CITY OF FEDERAL WAY 'ORMANCE/PAYMENT BOND Bond #61820050 KNOW ALL PEOPLE BY THESE We, the undersigned Fortress Construe i n, LLC, ( "Principal ") and Western Surety Company the undersigned corporation organized arid existing under the laws of the State of ou a o a and legally doing business in the State of W shington as a surety ( "Surety "), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City ") in the penal sum of Eighty Two Thousand One Hundred Thirty Seven Dollars and not 100 ($82,}37.00) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and as4igns, jointly and severally. This obligation is entered into an Agreement with the City dated 0 mbc;1" a 4 , 20 lb for Monument Sign Installation. NOW, THEREFORE, if the Principal stall 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 tha 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 :he 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, dec ribed 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 patticipate in at least four hours of mediation in accordance with the mediation A# procedures of United States Arbitration nd Mediation (**USA&M"). The Parties shall proportionately share in the rio s i 0� ti cost of the mediation. The mediation jonsh 11 be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 45101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this26thday of September .�_ Z013 CORPORATE SEAL OF PRINCIPAL: I hereby certify that I am the Q bond; that 4:11-'11 • I of the said 6orporation, that I know his sealed, and attested for and in behalf of: C y i(APORATE,SEAL OF SURETY: e { rp Fj • e., • 5# 1 ell I -- IMN WA-Z'1T I ­ FORTRESS CONSTRUCTION, LLC By: �-irn, �Gene�ralMan�agcr 495 Mt. Fury Circle Issaquah, WA 98029 (425) 369-9246 istant) Secretary of the Corporation named as Principal in the within. P o signed the said bond on behalf of the Principal, was her signature thereto is genuine, and that said bond was duly signed, d Corporation by authority of its governing body. Secretary of Aks-ii(ant Secretary S 0, BY '*dorney-in-Factf (Attach Power of AA y) Cameron HuntsuckOr (Name of Person Executing Bond) 17544 Midvale Ave N # 300 (Address) Seattle WA 98133 (206)546-1397 (Phone) i� Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 61820050 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint Cameron Huntsucker its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Fortress Construction, LLC Obligee: City of Federal Way WA Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, 'policies, undertakings, Powers of Attorney or other obligati&& of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of March 31st , 2014 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Brufiat, and its corporat i � to be affixed this 2 6th day of September 2013 WES SURYJY COMPANY Paul T ruflat, Vice President SIN COUNT A.P. ss On this 2 6th day of September in the year 2013 , before me, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTEI�akF4�X4M 4a andacknnorledged said instrument to be the voluntary act and deed o said Corp tion. r S. PETRIK i NOTARY PUBLIC SEAL 8 )w s SOUTH DAKOTA a Notary Public - South Dakota �tititi44544tih titih4bati4tiNh44 } My Commission Expires August 11, 2016 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and, furthermore; that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. r + Y {a In testimony whereof, I have hereunto set my hand and sell of W*st •Surety Company this 26th day of September 2013 K Ft-� 4- x-3W ES R ;SURE Y COMPANY C Form F5306 -8 -2012 �a� ..� "x Paul T ruflat, Vice President 11 ACKNOWLEDGMENT OF SURETY STATE OF Washin on 1 ss (Attorney -in -Fact) Bond No. 61820050 COUNTY OF CSC I On this L- day of �� % , before me, a notary public in and for said County, personally appeared Cameron Huntsucker tome personally known and being by me duly sworn, did say, that he /she is the Attorney -in -Fact of WESTERN SURETY COMPANY, a corporation of Sioux Falls, South Dakota, created, organized and existing under and by virtue of the laws of the State of South Dakota, that the said instrument was executed on behalf of the said corporation by authority of its Board of Directors and that the said Cameron Huntsucker acknowledges said instrument to be the free act and deed of said corporation and that he /she has authority to sign said instrument without affixing the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal at - CN b: , the day and year last above written. My commission expires Form 106 -9 -2013 AW or W NOTA�gy '� i —� —►.._ y (p 11' \O ; 33325-8 1h Ave S. CITY OF PO BOX 9718 Federal Way Federal Way, WA 98063 -9718 Accounts Payable Vendor/W -9 Form ❑New Vendor ❑ Update Form To add your business to our vendor file, or update information, please complete this form and mail or fax it to the address/fax number below. Bradgm Information Business Name. Contact Name: Location Address: t Mailing Address (if different): Phone #: (2 0,4) = Fax #: (For office use only) VN #:. E-Mail: B&Wness Type (Please Check One) Corporation - D - Federal ID # (9 digits) Partnership - - - - - - - Federal ID # (9 digits) Government Agency ❑ - - - - - - - Federal ID # (9 digits) Non-Profit ❑ - - - - - - - Federal ID # (9 digits) Sole Proprietor ❑ - - - - - - - - Federal ID # (9 digits) or Social Security Number 1 What is the official name registered with the LRS. for the above number? 6 2 aVCS GT 164) bb(— If you are not a coiposaton, is your Business subject to 1099 reporting? eYes ❑ No ►✓ State of Washington U.B.I. # Q Federal Way Business License #: 2,0-13-1040y Will you provide supplies or services to the City of Federal Way? ❑ Supplies ❑ Services Usinglhe commodity codes on the reverse, please note which three codes best describe the products/services; provided by your business: 1) 2) 3) City of Federal Way went Contact: Signature (US Person including a Date: 3 US resident allien) For information call: 253.835.2525 or Fax: 253.835.2509 or E -mail: Accountspayable @cityoffederalway.com AC°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 10/2!2013 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 Key Harbor Insurance Group, inc 12811 8th Ave W, E110 Everett WA 98204 NAME: Un Denneny aC No Ext : (425) 423 -9707 AIC, No): ADDRESS: myinsurance0l@yahoo.com INSURER(S) AFFORDING COVERAGE NAIL M INSURER A: Underwriters at Lloyds, London INSURED Fortress Construction LLC 495 Mt Fury Cr SW Issaquah WA 98027 INSURER B: 11 -27 -12 INSURER C: EACH OCCURRENCE INSURER D: PREMISES (Ea occurrence) INSURER E: MED EXP (Any one person) INSURER F: PERSONAL & ADV INJURY rnvcoer_ec [!CDTICI@eTC MI IaaCICO• RFV131nN 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MWDDNYYY) (MMID LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 10 OCCUR AIQ825229 11 -27 -12 11 -27 -14 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: POLICY 7 JPRO- ECT LOC PRODUCTS - COMPIOP AGO $ 2,000,000 $ • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OW NED HIREDAUTOS AUTOS Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ Per accident $ UMBRELLA LIAB EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ HOCCUR AGGREGATE $ DED I I RETENTION $ $ • KERB COMPENSATION D EMPLOYERS' LIABILITY In NH) r;n'datory ERIMEMBEXCLUDED? ECUTIVE describe under CRIPTION OF OPERATIONS below NIA AIQ825229 11 -27 -12 11 -27 -13 TORY LIMITS I E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 701, Additional Remarks Schedule, It more apace Is required) Additional Insured as Certificate Holder freoTleV`sTC uem n=o r_sur_FI I AT IM ACORD 25 (2010/05) 01988 -2010 ACCM CORPORATION. All rigM reserved. The ACORD name and logo are registered marks of ACORD tJ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way Attn: Account Payable ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave S AUTOO RE NTATIVE Federal Way, WA 98003 12 ACORD 25 (2010/05) 01988 -2010 ACCM CORPORATION. All rigM reserved. The ACORD name and logo are registered marks of ACORD tJ BUSINESS REGISTRATION License Number 20- 13- 1040"-OO -BL Non- Resident $usiness ReKistered: FORTRESS CONSTRUCTION LLC 495 MT. FURY CIR SW ISSAQUAH WA 98027 Expires: 12/31/2013 Cate a: 1500 -Contractors- General Building Conditions: This license` is non-transferable. Please notify the City Clerk's office of any change in your business such as anew location or business name. %A, T i (�A094 �`£p{ZPt11iAiE `p€ = 0 City Clerk, City of Few Way ThLS eetttties that theaabove entity has been issued the registr don or license listed'. G' ofFedcrai W L' in FEDERAL WAY WA 98M, CITY OF �.L Federal Way September 18, 2013 Min Kim, General Manager Fortress Construction, LLC 495 Mt. Fury Circle Issaquah, WA 98029 Re: Monument Signs Installation Dear Mr. Kim: CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com Enclosed for execution is one `original' copy of the above - referenced agreement, including attachments, for the Installation of Monument Signs. Please make note of the following items specified in the agreement: • Insurance is required as specified in Section 9 of the contract. • Signature and notary is required of the Agreement • Exhibit C or D — Fill in the form as appropriate, see section 4.5 • Exhibit E — Fill in the form as appropriate • Exhibit G — Fill in the form as appropriate • Accounts Payable Vendor/W -9 Form Please ensure that the contracts are signed and returned to my attention. Please note that the City is unable to execute the contract until the appropriate insurance certificate, along with the executed contract and completed exhibits, are provided by Fortress Construction, LLC. Time is of the essence and the prompt return of these documents will be greatly appreciated. Once the agreement has been fully executed by the City, the City will issue a formal Notice to Proceed. Should you have any questions or need additional information, please don't hesitate to contact me at (253) 835 -6911. Sincerely, Steve Ikerd Parks and Facilities Manager Sljo cc: Contract File Day File j: \contract\2013 \13 -xxx fortress construction signature letter.doc