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AG 14-046RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PROS/ �, 2. ORIGINATING STAFF PERSON: S -, { `yo?v - EXT: ' 3. DATE REQ. BY: . 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER ^ •- , t - ` 1 1 5. PROJECT NAME: �a'� �, uj �V►U�, dew ICI `{f� y --I OU 6. NAME OF CONTRACTOR: L G ADDRESS: , S TELEPHONE: E -MAIL: 66"cAt 6)7�c L J.O 'SIG. (.G1hh FAX: ot; SIGNATURE NAME: � � v�_Val in `" TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE# ilhol4830o=bt.- BL, EXP. 12/31/ A- ,+ LL'� UBI # It 01, lololg5-a /� ,'EXP. 10 ' 8. TERM: COMMENCEMENT DATE: CGN' IF'41ft- � CCM; � COMPLETION DATE: 1�y7� L I I tom. U1 Y 9. TOTAL COMPENSATION: $ 1 �jV� ®' + I T 0 f- x lql 1 Vo (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES xrl�0 IF YES, MAXIMUM DOLLAR AMOUNT: $ _ IS SALES TAX OWED: 8'YES Z❑ NO IF YES, $ 121C)" II (P4 i1 PAID BY: CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASECHARGETO: ✓03'7100. 13Z' 294.776- 0 10. DOCUMENT/ CONTRACT REVIEW 'ROJECT MANAGER ❑ SUPERVISOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) FLAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED ?� - x COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 51D I K ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS [ LAW DEPT ME444 —1. �( SIGNATORY (MAYOR OR DIRECTOR) [)( CITY CLERK Ct ASSIGNED AG # IV SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: INITIAL/ DATE SIGNED W INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: ;3 19 11/9 SMALL PUBLIC WORKS CONTRACT FOR FAMILY FUNLAND SIDEWALK INSTALLATION This small public works contract ( "Contract ") is dated effective this 2p� day of {V1arCk 2014 and is made by and between the City of Federal Way, a Washington municipal corporation ( "City" or "Owner "), and Global Contractors, a Washington Limited Liability Company ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at 2410 S 312th Street, 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 Family Funland Sidewalk 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 1, 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 18th day of April, 2014. 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 Rev 12/08 — 1 — 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: (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 Rev 12/08 — 2 — the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 18th day of April 2014, and the expiration of all warranties contained in the Contract Documents ( "Term "). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 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 Eighteen Thousand and 00 /100 Dollars ($18,000), and Washington State sales tax equal to One Thousand Seven Hundred Ten and 00 /100 Dollars ($1,710), for a total amount not to exceed Nineteen Thousand Seven Hundred Ten and 00 /100 Dollars ($ 19,710.00), 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 Parks Department 33325 8h 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; Rev 12/08 — 6 — (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and 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 Rev 12/08 - 8 - solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This Contract is subject to the minimum wage requirements of Chapter 39.12 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 Rev 12/08 — 9 — 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. 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. Rev 12/08 — 10 — 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assigm ent. 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 Rev 12/08 — 11 — of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 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 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. Rev 12/08 — 12 — DATED the day and year set forth above. APP VED AS FORM: City Att y, Patricia A. Richardson GLOBAL ONTRACTORS C By: Its: 55?4, y' 8705 Canyon Rd E, Ste. A Puyallup, WA 98371 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) C F F ERAL WAY e 1, Mayor 3325 8`t' Avenue South Federal Way, WA 98003 -6325 ATTEST: City Clerk, Carol McNeilly, C On this day personally appeared before me Charles Fain III, to me known to be the Partner of Global Contractors, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �� day of , 20/q If Z-4.4, W r, •,,.••••••••• f %� (typed/printed name of no ?• M011R1 PUBLIC 's Notary Public in and for the State of Washington. My APPOINTMENT = My commission expires // — 17 -/7 EXPIRES s ••.1111111011, Koi WASVn' \\ \\ Rev 12/08 — 13 — EXHIBIT A SCOPE OF WORK • Contractor to provide all materials and labor necessary to construct a 12' wide perimeter sidewalk around the existing playground and an 8" curb around an adjoining new piece of playground equipment called the "Ability Whirl ". All work to be performed in compliance with the plans and specifications associated with the Federal Way Funland Playground and Ability Whirl project. All excavation, subgrade preparation, and backfilling provided by others. Contractor to provide all materials and labor including, but not limited to, all formwork, rebar, concrete, and concrete finishing for a complete job. Contractors bid to include mobilization, demobilization, overhead and profit and all clean up associated with his or her work. Owner to provide all permits. Work to be completed in a 3 week time frame. Project is a public work and subject to prevailing wages. City business license and state prevailing wage rate reporting required. • The current estimated start time for this project will be March 20, 2014 and a contract must be in place to be able to start this project. This project is time sensitive so the successful contractor must be ready to start after Notice to Proceed. City Responsibilities: • Coordination of a City permit for this sidewalk installation. • Subgrade set and crushed stone compacted in place. • Installation of all fixtures on the sidewalk perimeter after appropriate curing. SPECIFICATIONS. A. All work shall be performed under the supervision of an experienced lead with City oversight. The contractors lead workers and laborers must communicate effectively and proficiently in both oral and written formats. Staff will be licensed for all applicable applications, including appropriate driver's license when required. B. Contractor will furnish all associated labor, and will dispose of waste material generated by the work into City provided dumpsters. C. Contractor will ensure 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. All personnel shall be trained in the proper safety practices using current industry standards. 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 on a regular basis. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. F. 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. G. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. H. 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. 1. The Contractor, at his or her expense, will remedy any damage to City structures or plant material due to Contractor negligence in a timely manner. Rev 12/08 — 14 — J. 1 Cast -In -Place Concrete Section 033000 PART 1- GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies cast -in place concrete, including formwork, reinforcement, concrete materials, mix design, placement procedures, and finishes, including, but not limited to: 1. Exterior walks 2. Playground curb. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of blended hydraulic cement, fly ash and other pozzolans, ground granulated blast - furnace slag, and silica fume. 1.4 SUBMITTALS (upon request) A. Product Data: For each type of manufactured material and product indicated. B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. C. Steel Reinforcement Shop Drawings: Details of fabrication, bending, and placement, prepared according to ACI 315, "Details and Detailing of Concrete Reinforcement." Include material, grade, bar schedules, stirrup spacing, bent bar diagrams, arrangement, and supports of concrete reinforcement. Include special reinforcement required for openings through concrete structures. D. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements: 1. Cementitious materials and aggregates. 2. Steel reinforcement and reinforcement accessories. 3. Curing materials. 4. Floor and slab treatments. 1.5 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who has completed concrete Work similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in- service performance. B. Manufacturer Qualifications: A firm experienced in manufacturing ready -mixed concrete products complying with ASTM C 94/C94M requirements for production facilities and equipment. 1. Manufacturer must be certified according to the National Ready Mixed Concrete Association's Certification of Ready Mixed Concrete Production Facilities. C. Source Limitations: Obtain each type or class of Cementitious material of the same brand from the same manufacturer's plant, each aggregate from one source, and each admixture from the same manufacturer. D. Specifications: References in these Specifications to the "Standard Specifications" shall mean the current Standard Specifications for Roads, Bridge, and Municipal Construction, by the Washington State Department of Transportation and the American Public Works Association as adopted by the City. E. Coordination: No admixture shall be added into any interior flatwork without obtaining approval from the concrete manufacturer in writing. Coordinate with and submit approvals to the Construction Manager. Rev 12/08 — 15 — F. ACI Publications: Comply with the following, unless more stringent provisions are indicated: 1. ACI 301, "Specification for Structural Concrete." 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials." 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle steel reinforcement to prevent bending, rusting and damage. 1. Avoid damaging coatings on steel reinforcement. 2. Repair damaged epoxy coatings on steel reinforcement according to ASTM D 3963/1) 3963M. PART 2 - PRODUCTS 2.1 FORM -FACING MATERIALS A. Smooth - Formed Finished Concrete: Form- facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials. B. Form- Release Agent: Commercially formulated form- release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form- release agent with rust inhibitor for steel form- facing materials. C. Form Ties: Factory- fabricated, removable or snap -off metal or glass - fiber- reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. 2.2 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. B. Low -Alloy -Steel Reinforcing Bars: ASTM A 706/A 706M, deformed. 2.3 REINFORCEMENT ACCESSORIES A. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars in place. Manufacture bar supports according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete or fiber- reinforced concrete of greater compressive strength than concrete, and as follows: 2.4 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. 1. Fly Ash: ASTM C 618, Class C or F. B. Normal- Weight Aggregate: ASTM C 33, uniformly graded, and as follows: 1. Class: Moderate weathering region, but not less than 3M. 2. Nominal Maximum Aggregate Size: 1 -1/2 inches (38 mm). C. Water: Potable and complying with ASTM C 94. 2.5 ADMIXTURES A. General: Admixtures certified by manufacturer to contain not more than 0.1 percent watersoluble chloride ions by mass of cementitious material and to be compatible with other admixtures and cementitious materials. Do not use admixtures containing calcium chloride or water reducing properties. No other curing compounds allowed on interior slabs scheduled to receive floorcovering. ALL ADMIXTURES MUST BE APPROVED IN WRITING BY THE OWNER PRIOR TO USE. B. Air- Entraining Admixture: ASTM C 260/C 260M. C. Water- Reducing and Accelerating Admixture: ASTM C 494/C 494M, Type B. D. Water- Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D 2.6 CURING MATERIALS Rev 12/08 — 16 — A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz. /sq. yd. (305 g /sq. m) dry. B. Moisture - Retaining Cover: ASTM C 171, polyethylene film or white burlap - polyethylene sheet. C. Water: Potable. 2.7 CONCRETE MIXES A. Prepare design mixes for each type and strength of concrete determined by either laboratory trial mix or field test data bases, as follows: 1. Proportion normal- weight concrete according to ACI 211.1 and ACI 301. B. Use a qualified independent testing agency for preparing and reporting proposed mix designs for the laboratory trial mix basis. C. Stoop: Proportion normal- weight concrete mix as follows: 1. Compressive Strength (28 Days): 2500 psi. 2. Maximum Slump: 5 inches. 3. Minimum of 5.0 sacks of Portland Cement required. D. Maximum Water - Cementitious Materials Ratio: 0.45 for concrete exposed to deicers or subject to freezing and thawing while moist. E. Air Content: Add air - entraining admixture for exterior work locations at manufacturer's prescribed rate to result in concrete at point of placement having an air content as follows within a tolerance of plus 1 or minus 1.5 percent, unless otherwise indicated: 1. Air Content: 6 percent for linch nominal maximum aggregate size. F. Limit water - soluble, chloride -ion content in hardened concrete to 0.15 percent by weight of cement. G. Admixtures: Use admixtures according to manufacturer's written instructions. 1. Use water- reducing admixture or high -range water - reducing admixture (superplasticizer) in concrete, as required, for placement and workability. 2. Use water - reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions. 2.8 FABRICATING REINFORCEMENT A. Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice." 2.9 CONCRETE MIXING A. Ready -Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M, and furnish batch ticket information. PART 3 - EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads. B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: 1. Class A, 1/8 inch (3 mm) for exposed slabs, slabs under ceramic tile. 2. Class B, 1/4 inch (6 mm) for carpeted areas. D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal. 1. Do not use rust- stained steel form- facing material. Rev 12/08 — 17 — F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike -off templates or compacting -type screeds. G. Tool exterior corners and edges of permanently exposed concrete. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast -in -place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. 3.3 REMOVING AND REUSING FORMS A. General: Formwork, for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F (10 deg C) for 24 hours after placing concrete provided concrete is hard enough to not be damaged by form- removal operations and provided curing and protection operations are maintained. B. Leave formwork, for beam soffits, joists, slabs, and other structural elements, that supports weight of concrete in place until concrete has achieved the following: 1. 28 -day design compressive strength. C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form- facing material will not be acceptable for exposed surfaces. Apply new form- release agent. D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Owner. 3.4 SHORES AND RESHORES A. Comply with ACI 318 (ACI 318M), ACI 301, and recommendations in ACI 347R for design, installation, and removal of shoring and reshoring. 3.5 STEEL REINFORCEMENT (see alternate fiber below — item 3.5 F) A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. 1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials. C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. 1. Shop- or field -weld reinforcement according to AWS D1.4, where indicated. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. E. Install welded wire fabric in longest practicable lengths on bar supports spaced to minimize sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire. F. Bid Alternate #1: In lieu of the welded Wire Fabric (WWF) indicated on the plans, provide Fibrillated polypropylene fibers engineered and designed for use in concrete, complying with ASTM C 1116, Type III, 1/2 to 1 -1 /2 inches (13 to 3 8 mm) long. Uniformly disperse in concrete mix at manufacturer's recommended rate in the batch plant, but not less than 1 lb /cu. yd. (0.60 kg/cu. m). This bid alternate does not eliminate the rebar shown on the drawings. 3.6 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Owner. Rev 12/08 — 18 — 1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs. 2. Form from preformed galvanized steel, plastic keyway- section forms, or bulkhead forms with keys, unless otherwise indicated. Embed keys at least 1 -1/2 inches (38 mm) into concrete. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement, unless approved by Owner and observed by Special Inspectors. C. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation. D. Deposit concrete in forms in horizontal layers no deeper than 24 inches (600 mm) and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints. 1. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended by ACI 309R. 2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate. E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. 1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open - textured surface plane, free of humps or hollows, before excess moisture or bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. F. Cold - Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40 deg F (4.4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators, unless otherwise specified and approved in mix designs. G. Hot - Weather Placement: Place concrete according to recommendations in ACI 305R and as follows, when hot - weather conditions exist: 1. Cool ingredients before mixing to maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control Rev 12/08 — 19 — temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. 2. Cover steel reinforcement with water - soaked burlap so steel temperature will not exceed ambient air temperature immediately before embedding in concrete. 3. Fog -spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.8 FINISHING FORMED SURFACES A. Rough - Formed Finish: As -cast concrete texture imparted by form- facing material with tie holes and defective areas repaired and patched. Remove fins and other projections exceeding ACI 347R limits for class of surface specified. B. Smooth - Formed Finish: As -cast concrete texture imparted by form- facing material, arranged in an orderly and symmetrical manner with a minimum of seams. Repair and patch tie holes and defective areas. Remove fins and other projections exceeding 1/8 inch (3 mm) in height. 1. Apply to concrete surfaces exposed to public view or to be covered with a coating or covering material applied directly to concrete, such as waterproofing, dampproofing, veneer plaster, or painting. C. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.9 FINISHING A. General: Comply with recommendations in ACI 302.1 R for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Float Finish: Consolidate surface with power -driven floats or by hand floating if area is small or inaccessible to power driven floats. Restraighten, cut down high spots, and fill low spots. Repeat float passes and restraightening until surface is left with a uniform, smooth, granular texture. 1. Apply float finish to surfaces indicated, to surfaces to receive trowel finish. C. Broom Finish: Apply a broom finish to exterior concrete walks, steps, and ramps, and elsewhere as indicated. 1. Immediately after float fmishing, slightly roughen trafficked surface by brooming with fiber - bristle broom perpendicular to main traffic route. Coordinate required final finish with Owner before application. 3.10 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in -place construction. Provide other miscellaneous concrete filling indicated or required to complete Work. 3.11 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold- weather protection and with recommendations in ACI 301 for hot - weather protection during curing. B. Evaporation Retarder for exterior slabs: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy conditions cause moisture loss approaching 0.2 lb /sq. ft. x h (1 kg/sq. m x h) before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing. Evaporation retarders not allowed for interior slabs scheduled to receive floorcoverings. C. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported Rev 12/08 — 20 — slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing by one or a combination of the following methods: 3.12 JOINT FILLING - N/A 3.13 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Owner. Remove and replace concrete that cannot be repaired and patched to Owner's approval. B. Patching Mortar: Mix dry -pack patching mortar, consisting of one part portland cement to two and one -half parts fine aggregate passing a No. 16 (1.2 -mm) sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch (13 mm) in any dimension in solid concrete but not less than 1 inch (25 mm) in depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water,and brush - coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form -tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. 3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Owner. D. Perform structural repairs of concrete, subject to Owner's approval, using epoxy adhesive and patching mortar. E. Repair materials and installation not specified above may be used, subject to Owner's approval. 3.14 FIELD QUALITY CONTROL A. Testing Agency: Owner may engage a qualified independent testing and inspecting agency to sample materials, perform tests, and submit test reports during concrete placement. Sampling and testing for quality control may include those specified in this Article. Contractor is responsible for all scheduling and coordination of Testing Agency activities. B. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Owner. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42 or by other methods as directed by Owner. END OF SECTION 033000 Rev 12/08 — 21 — 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 Funland Sidewalk Installation Contractor Global Contractors, LLC Representative Bid No. Date City Representative Project Authority 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: All investments selected below are subject to City approval. 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. 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: Address: Account #: Contact Person: Contractor: Date: By: Title: Address: Phone: Fed ID #: 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 — 24 — 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 & hidustries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) Rev 12/08 — 25 — CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that ' who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary APPROVED AS TO FORM: Patricia A. Richardson, City Attorney Bond. No. 106011869 EXHIBIT D RETAINAGE BOND TO CITY OF FEDERAL WAY FUNLAND SIDEWALK INTSALLATION KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, Global Contractors, LLC, as principal ( "Principal "), and Travelers Casualty and Surety Company of America, a Corporation organized and existing under the laws of the State of Connecticut, as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ( "Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ( "City") in the penal sum of. Nine Hundred Eighty Five and 501100 Dollars ($ 985.50) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Family Funland Sidewalk Installation Project, which contract is incorporated herein by this reference ( "Contract "), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5 %), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $ 19,710.00; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty -five percent (25 %) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this 7th day of March, 2014, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: PRINCIPAL Global Contractapf LLC By: Title: /--I Address: 1?_ SURETY Travelers Casualty and Surety Company of America 4 Jennifer D. Lutz, AttorneytraF (Attach Power of Attorne) Title: Attorney -in -Fact s b_'ti £ ,r V.1 Address: 600 SW 39`h Street Suite 0 Renton, WA 98057 TRAVELERSJW WARNING: THIS POWER OF ATTORNEY IS INVALID POWER OF ATTORNEY 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 Attorney -In Fact No. 223575 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 0 0 4 19 2 9 8 5 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, 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 State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Glenn F. Davidson, Lorna F. Williams, Jennifer D. Lutz, Karen L. Padilla, and Suzanne M. Allee of the City of Kent , State of Washington , their true and lawful Attomey(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 nature 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 perpi *d in any *etions or rl ceedings allowed by law. w 5th IN WITNESS WHEREOF, the Companies have caused this instrpnlbrit td be signed and,the%coi'porate seals to be hereto affixed, this day of May 2011 Farmington Casualty Conipsany Fidelity and Guaranty hsnranoe Company Fidelity and Guaranty Insu e' Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company O ?,�(yiyApB.OUp',+��� ' 410.E 4 �'' O`AN., MfG9 Ja�•=NSUgq� Y 4%B` IM6�pfly Y . �- S - U f1 z ? OIIVOR� >F� •�ppORATi''cR� qp 9i Ham, < <O CONN. y � � '' s NcE c d...... �a d• ••.. '� � Allt State of Connecticut City of Hartford ss. By: Georg Thompson, nror ice President On this the 5th day of May 2011 before me personally appeared George W. Thompson, 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 Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, 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 duly authorized officer. 6,TET In Witness Whereof, I hereunto set my hand and official seal. Te My Commission expires the 30th day of June, 2011. # p�`�p 58440 -4 -09 Printed in U.S.A. Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors 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 Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, 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 Insufance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and Unite#,* les Fi�' and Guargnty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Compaoiuc, which, is in full forceifid'effect and has not been revoked. p'► 1 IN TESTIMONY WHEREOF, I have hereunto set my hand and thq s6,s of said' tqt apanies this day of /Y. In 20 �. x, � Kori M. Johans Assistant Secretary GhQU F1R C *N �Nf �INs UTY ANO Z' k�L ry .,. 'ISS e0ir `'•G9 JP,........,Ay� *V� +` IMI�/yy Mti p 1fiiNGNG fl OMVORA >�F��S Q�j' ONAT tf „t982 �0 2 '�g%% X11® �' 1° ••• }'^ Z•' fE c°,► MARTPoRD,mnt IRNV. iO CCHN. s \`�.,•., //� � '� � .y . F AANGF y S•I A� Vi ,....... T� �sf t�A►e � �ttl� To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. Page 1 of 4 EXHIBIT H State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360- 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 3/4/2014 County Trade Job Classification a H!7A ay Overtime Note King Laborers Air, Gas Or Electric Vibrating Screed !$41. 9 2Y King Laborers Airtrac Drill Operator $42.99 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.69 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A 2Y King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper - paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 2Y King Laborers Chipping Gun(30 Lbs. And Over) $42.46 7A 2Y King Laborers Choker Setter $41.69 7A 2Y King Laborers Chuck Tender $41.69 7A 2Y King Laborers Clary Power Spreader $42.46 7A 2Y King Laborers Clean -up Laborer $41.69 7A 2Y 'King Laborers Concrete Dumper /chute Operator $42.46 7A 2Y King Laborers Concrete Form Stripper $41.691 7A 2Y King Laborers Concrete Placement Crew $42.46 7A 2Y King Laborers Concrete Saw Operator /core Driller $42.46 7A 2Y 'King Laborers Crusher Feeder $35.34 7A 2Y https:H fortress. wa. gov/ lni /wagelookup/PrvWageLookUp.aspx 3/4/2014 Page 2 of 4 King Laborers Curing Laborer $41.691 7A 2Y King Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $41.69 7A 2Y =King Laborers Ditch Digger $41.69 7A 2Y I King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator (hydraulic, diamond) $42.46 7A 2Y King Laborers Dry Stack Walls $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A King Laborers Faller Et Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y King Laborers Firewatch $35.341 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker Et Transit Person $42.99 7A 2Y King Laborers Grinders $41.69 7A 2Y King Laborers Grout Machine Tender $41.69 7A 2Y King Laborers Groutmen (pressure)including Post Tension Beams $42.46 7A 2Y King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level A) $42.99 7A 2Y King Laborers Hazardous Waste Worker (level B) $42.46 7A - 2Y King Laborers Hazardous Waste Worker (level C) $41.69 7A 2Y King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A 2Y King Laborers Manhole Builder - mudman $42.46 7A 2Y King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman -dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla $42.46 7A 2Y 4King Laborers Pavement Breaker $42.46 7A 2Y ;King Laborers Pilot Car $35.34 7A 2Y King Laborers Pipe Layer Lead $42.99 7A 2Y King Laborers Pipe Layer /tailor $42.46 7A 2Y https:H fortress. wa. gov/ lni /wagelookup/PrvWageLookUp.aspx 3/4/2014 Page 3 of 4 King Laborers Pipe Pot Tender $42.461 7A 2Y King Laborers Pipe Reliner $42.46 7A 2Y King Laborers Pipe Wrapper $42.46 7A 2Y King Laborers Pot Tender $41.69 7A 2Y King Laborers Powderman $42.99 7A 2Y King Laborers Powderman's Helper $41.691 7A 2Y King Laborers Power Jacks $42.461 7A 2Y King Laborers Railroad Spike Puller - Power $42.46 7A 2Y King Laborers Raker - Asphalt $42.99 7A 2Y King Laborers Re- timberman $42.99 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger /signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2Y King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.46 7A 2Y King Laborers Scaffold Erector $41.69 7A 2Y King Laborers Scale Person $41.69 7A 2Y King Laborers Sloper (over 20') $42.46 7A 2Y King Laborers Sloper Sprayer $41.69 7A 2Y King Laborers Spreader (concrete) $42.46 7A 2Y King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2Y King Laborers Tamper Et Similar Electric, Air Et Gas Operated Tools $42.46 7A 2Y King Laborers Tamper (multiple £t Self- propelled) $42.46 7A 2Y King Laborers Timber Person - Sewer (lagger, Shorer Et Cribber) $42.46 7A 2Y King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.691 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y 8R King Laborers Traffic Control Supervisor $37.79 7A 2Y BR King Laborers Truck Spotter $41.69 7A 2Y King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work- Compressed Air Worker 0 -30 psi $60.06 7A 2Y S King Laborers Tunnel Work- Compressed Air Worker 30.01 -44.00 psi $65.09 7A 2Y 8�C King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $68.77 7A 2Y King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $74.47 7A 2Y 8�( King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $76.59 7A 2Y 84 https: // fortress. wa. gov/ lni /wagelookup /PrvWageLookUp.aspx 3/4/2014 Page 4 of 4 King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $81.69 7A 2Y 8�( ;King Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $83.59 7A 2Y 8�C King Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $85.59 7A 1 H 8�C King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $87.59 7A 1 H 88 King Laborers Tunnel Work -Guage and Lock Tender $43.09 7A 2Y $4 King Laborers Tunnel Work -Miner $43.09 7A 2Y 8�( King Laborers Vibrator $42.46 7A 2Y King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer /cleaner $32.12 7A 2Y https: // fortress. wa. gov/ lni /wagelookup/PrvWageLookUp.aspx 3/4/2014 EXHIBIT I TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non - discrimination in federally assisted programs of United States Department of Transportation ( USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non - discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub - contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. S. Sanctions for Non - compliance In the event of the contractor's non - compliance with the non - discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. 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 MAYOR SIGNATURE Rev 12/08 - 22 - DATE DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY *Adjustments: ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: MAYOR'S SIGNATURE Rev 12/08 — 23 — 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 8th Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Client#: 4013 EXHIBIT F CONCRET ACORDT. CERTIFICATE OF LIABILITY INSURANCE D03 /042074YY) 03/04/2014 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 Bell- Anderson Ins 600 SW 39th Street, Suite 200 Renton, WA 98057 425 291 -5200 CONTACT NAME: PHONE FAX E.1): 425 291 -5200 ac, No): 4252915100 E MAILo ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ohio Security Insurance Co EEACMH�,OECCURRENCE INSURED INSURERS: The Ohio Casualty Insurance Co $100,000 Global Contractors, LLC 8705 Canyon Rd E, Ste A Puyallup, WA 98371 INSURER C : West American Insurance Co PERSONAL & ADV INJURY ` INSURER D: INSURER E GENERALAGGREGATE INSURER F: GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jR0 L LOC PRODUCTS - COMP/OP AGG CnVFRAGFR r.FRTIFIr.ATF MIIMRFR- DMACInu 101MRF12. 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 LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MWDD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR X X BKS53463610 - 3/01/2014 - 03/01/2015 EEACMH�,OECCURRENCE $1000000 PREMISES =aEoTuErrOence $100,000 MED EXP (Any one person) $15,000 PERSONAL & ADV INJURY ` $11,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X jR0 L LOC PRODUCTS - COMP/OP AGG $ $ C AUTOMOBILE LIABILITY ANY AUTO - ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS BAW53463610 - 3/01/2014 03/01/2015 COMBINED SINGLE LIMIT Ea acc ED 1,000,000 JX BODILY INJURY (Per person).. $ BODILY INJURY (Pet accident) $ PROPERTY Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE US053463610 3/01/2014 03/01/2015 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED I X RETENTION $10000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICEW RIETOR EXCLUDRIE ECUTIVE-1 (Mandatory in NH) N yes, describe under DESCRIPTION OF OPERATIONS below N/A BKS53463610 (WA Stop Gap) 3/01/2014 03/01/201 is 1 0' E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1 OOO 000 E.L. DISEASE - POLICY LIMIT S1.000.000 DESCRIPTION OF OPERATIONS t LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) RE: Family Funland Sidewalk. City of Federal Way, its officers, officials, employees, volunteers, and agents are additional insured for general liability, but only when required by written contract or written agreement for ongoing operations, including Primary and Non - Contributory provision and completed operations per the attached endorsements #CG8810 1009 & CG85831009. Per Project aggregate is provided per the attached policy form CG88701208. Waiver of Subrogation, when required by written contract, per the attached policy form CG88101009. City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 ACORD 25 (2010/05) 1 of 1 #S495558/M495557 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PLJ EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ( "Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ( "City") in the penal sum of Dollars and no /100 ($ ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into an Agreement with the City dated , 20 for NOW, 'THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25 %) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this _ day of 20_ CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By: Its: (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. CORPORATE SEAL OF SURETY: Secretary of Assistant Secretary SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) APPROVED AS TO FORM: Patricia A. Richardson, City Attorney