AG 19-004 II RETURN TO: Thomas Fichtner EXT: 2547
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Information Technology
2. ORIGINATING STAFF PERSON: Thomas Fichtner EXT: 2547 3. DATE REQ.BY: ASAP
4. TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
❑ OTHER
5. PROJECT NAME: Community Center AV System
6. NAME OF CONTRACTOR: Morgan Sound
ADDRESS: 2004 196th St SW#2,Lynnwood,WA 98036 TELEPHONE
E-MAIL: Stephenw@morgansound.com FAX:
SIGNATURE NAME: Charlie Morgan or Gary Parkes TITLE Owner or Office ManageriJOAT/CFO
7. EXHIBITS AND ATTACHMENTS:MI SCOPE,WORK OR SERVICES A COMPENSATION A INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: 12/5/2018 COMPLETION DATE: 12/31/2019
9. TOTAL COMPENSATION$ 81,590.06 (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES •NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED !RYES ❑NO IF YES,$8,159.01 PAID BY:0 CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: $12,238.51 D RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED
I PURCHASING: PLEASE CHARGE TO: 111-7200-351-575-51-640
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
C�PROJECT MANAGER ,
•DIRECTOR d/ I
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW (- t2j2I /(S
11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 11/27 COMMITTEE APPROVAL DATE: 11/27/18
SCHEDULED COUNCIL DATE: N COUNCIL APPROVAL DATE: 11(C.(
12. CONTRACT SIGNATURE ROUTING J ,
CI SENT TO VENDOR/CONTRACTOR DATE SENT: '\(4--) �1�`" 1 \c‘ DATE REC'D: (N,d /1Y
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT • C /
❑ SIGNATORY(MAYOR OR DIRECTOR) ' I 9
❑ CITY CLERK V 412 1 2.
❑ ASSIGNED AG# AG# weirtot_(309
❑ SIGNED COPY RETURNED DATE SENT: .9- `c\9- \C\
COMMENTS:
1/2018
SMALL
PUBLIC WORKS CONTRACT
FOR
COMMUNITY CENTER AV SYSTEM
This small public works contract ("Contract") is dated effective this 5th day of December
2018 and is made by and between the City of Federal Way, a Washington municipal corporation
("City" or"Owner"), and Morgan Sound, Inc., a Washington Corporation("Contractor").
A. The City desires to retain an independent contractor to furnish all labor and
materials necessary to perform work at 876 S 333`d 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 Community Center
AV System project, in Exhibit"A" attached hereto and incorporated by this reference, ("Work"),
and in accordance with and as described in the Contract Documents, which include without
limitation, this Contract, Contract Change Order Agreement attached as Exhibit "B,"
Contractor's Retainage Agreement attached as Exhibit "C," Contractor's Retainage Bond
attached as Exhibit "D," Notice to Labor Unions attached as Exhibit "E," Certificate(s) of
Insurance Form attached hereto as Exhibit "F," Performance/Payment Bond attached hereto as
Exhibit "G," Prevailing Wage Rates attached as Exhibit "H," Title VI Assurances attached
hereto as Exhibit "I," and all other Appendices attached hereto and incorporated by this
reference, (collectively the "Contract Documents"), which Work shall be completed to the City's
satisfaction, within the time period prescribed by the City and pursuant to the direction of the
Mayor or his or her designee.
1.2 Completion Date. The Work shall be commenced within five (5) days of receipt
by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the
31st day of December, 2018. 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 4/17 — 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
the written notice required above, as the case may be, submit to the City a written statement
Rev 4/17 — 2 -
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.ro riate. 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 31st day of December 2018, 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 4/17 — 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 Eighty-One Thousand Five Hundred
Ninety and 06/100 Dollars ($81,590.06), and Washington State sales tax equal to Eight
Thousand One Hundred Fifty-Nine and 01/100 Dollars ($8,159.01), for a total amount not to
exceed Eighty-Nine Thousand Seven Hundred Forty-Nine and 07/100 Dollars ($89,749.07),
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 8th Avenue South
Federal Way, WA 98003-6325
Duplicate invoices shall be furnished to:
City of Federal Way
ATTN: Thomas Fichtner
Information Technology Department
33325 8th 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
Rev 4/17 — 4 -
from the Department of Revenue a certificate that all taxes, increases, and penalties due from the
Contractor and all taxes due and to become due with respect to the Contract have been paid in
full or that they are, in the Department's opinion, readily collectible without recourse to the
State's lien on the retained percentage. Upon non-payment by the general contractor, any
supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28
RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45)
days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty
(60) days after completion of all Work on this Contract, the City shall release and pay in full the
money held in the Fund, unless the City becomes aware of outstanding claims made against this
Fund.
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 4/17 — 5 -
6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual,
the contractor agrees to notify the City and complete any required form if the Contractor retired
under a State of Washington retirement system and agrees to indemnify any losses the City may
sustain through the Contractor's failure to do so.
7. TERMINATION
Prior to the expiration of the Term, this Contract may be terminated immediately, with or
without cause by the City.
8. INDEMNIFICATION
8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold
the City, its elected officials, officers, employees, agents, and volunteers harmless from any and
all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by
any and all persons or entities, including, without limitation,their respective agents, licensees, or
representatives, arising from, resulting from, or connected with this Contract to the extent caused
by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents,
employees, or by the Contractor's breach of this Contract. Contractor waives.any immunity that
may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW.
Contractor's indemnification shall not be limited in any way by any limitation on the amount of
damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs.
8.2 City Indemnification. The City agrees to indemnify, defend and hold the
Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from
any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to
or by any and all persons or entities, including without limitation, their respective agents,
licensees, or representatives, arising from, resulting from or connected with this Contract to the
extent solely caused by the negligent acts, errors, or omissions of the City, its employees or
agents.
8.3 Survival. The provisions of this Section shall survive the expiration or termination
of this Contract with respect to any event occurring prior to such expiration or termination.
9. INSURANCE
9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following
insurance, in such forms and with such carriers who have a rating, which is satisfactory to the
City:
(1) Workers' compensation and employer's liability insurance in amounts sufficient
pursuant to the laws of the State of Washington;
(2) Commercial general liability insurance with combined single limits of liability not
less than $2,000,000 for bodily injury, including personal injury or death, products
Rev 4/17 — 6 -
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 replacement value
of the structure until final acceptance of the project by the City.
9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the
following provisions:
(1) The City, its officers, officials, employees, volunteers and agents shall each be
named as additional insured.
(2) Coverage may not be terminated or reduced in limits except after thirty (30) days
prior written notice by certified mail, return receipt requested, to the City.
(3) Coverage shall be primary and non-contributory insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by the
City, its officials, employees or volunteers shall be in excess of Contractor's insurance.
(4) Coverage shall apply to each insured separately against whom claim is made or
suit is brought.
(5) Coverage shall be written on an "occurrence" form as opposed to a"claims made"
or"claims paid" form.
9.3 Verification. Contractor shall furnish the City with certificates of insurance
evidencing the coverage required by 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.
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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 One Hundred Fifty Thousand Dollars ($150,000.00), the City may, in lieu
of a bond, retain ten percent (10%) of the Contract amount for a period of thirty (30) days after
the date of final acceptance, or until receipt of all necessary releases from the Department of
Revenue and the Department of Labor and Industries and settlement of any liens filed under
Chapter 60.28 RCW, whichever is later.
11. SAFETY
Contractor shall take all necessary precautions for the safety of employees on the work
site and shall comply with all applicable provisions of federal, state and municipal safety and
health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and
Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health
Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62
WAC). Contractor shall erect and properly maintain, at all times, all necessary guards,
barricades, signals and other safeguards at all unsafe places at or near the Work for the protection
of its employees and the public, safe passageways at all road crossings, crosswalks, street
intersections, post danger signs warning against known or unusual hazards and do all other
things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all
water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is
likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its
own expense, secure and maintain a safe storage place for its materials and equipment and is
solely responsible for the same.
Rev 4/17 — 8 -
12. PREVAILING WAGES
12.1 Wages of Employees. This Contract is subject to the minimum wage requirements
of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or
supplemented. In the payment of hourly wages and fringe benefits to be paid to any of
Contractor's laborers, workpersons and/or mechanics, Contractor shall not pay less than the
"prevailing rate of wage" for an hour's work in the same trade or occupation in the locality
within the State of Washington where such labor is performed, as determined by the Industrial
Statistician of the Department of Labor and Industries of the State of Washington, which
"prevailing rates of wage" are attached hereto as Exhibit "H" and incorporated herein by this
reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates,
which are in effect on the date when the bids, proposals, or quotes were required to be submitted
to the City.
12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter
39.12 RCW, and as required in this Contract do not apply to:
(1) Sole owners and their spouses;
(2) Anypartner who owns at least 30% of a partnership; and
p p�
(3) The President, Vice President and Treasurer of a corporation if each one
owns at least 30% of the corporation.
12.3 Reporting Requirements. Contractor shall comply with all reporting requirements
of the Department of Labor and Industries of the State of Washington. Upon the execution of this
Contract, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with
the Department of Labor and Industries. Upon completion of the Work, Contractor shall
complete and file an Affidavit of Wages Paid with the Department of Labor and Industries.
Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the
Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City.
12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of
wages for work of a similar nature and such dispute cannot be resolved by the City and the
Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor
and Industries of the State of Washington and the decision therein shall be final and conclusive
and binding on all parties involved in the dispute.
13. FAILURE TO PAY SUBCONTRACTORS
In the event the Contractor shall fail to pay any subcontractors or laborers, or fail to pay
for any materials or any insurance premiums, the City may terminate this Contract and/or the
City may withhold from the money which may be due the Contractor an amount necessary for
the payment of such subcontractors, laborers, materials or insurance premiums.
Rev 4/17 — 9 -
14. OWNERSHIP OF DOCUMENTS
All originals and copies of work product, including plans, sketches, layouts, designs,
design specifications, records, files computer disks, magnetic media, all finished or unfinished
documents or material which may be produced or modified by Contractor while performing the
Work shall become the property of the City and shall be delivered to the City at its request.
15. CONFIDENTIALITY
Any records, reports, information, data or other documents or materials given to or
prepared or assembled by the Contractor under this Contract will be kept as confidential and
shall not be made available to any individual or organization by the Contractor without prior
written approval of the City.
16. BOOKS AND RECORDS
The Contractor agrees to maintain books, records, and documents which sufficiently and
properly reflect all direct and indirect costs related to the performance of this Contract and such
accounting procedures and practices as may be deemed necessary by the City to assure proper
accounting of all funds paid pursuant to this Contract. These records shall be subject at all
reasonable times to inspection, review or audit by the City, its authorized representative, the
State Auditor, or other governmental officials authorized by law to monitor this Contract.
17. CLEAN UP
At any time ordered by the City and immediately after completion of the Work, the Contractor,
shall, at its own expense, clean up and remove all refuse and unused materials of any kind
resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the
City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof
shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from
any remaining payments due to the Contractor.
18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY:
18.1 Contractor Verification. The Contractor verifies that it has a certificate of
registration with the State of Washington; has a current state unified business identifier number;
is not disqualified from bidding on any public works contract under RCW 39.06.010 or
39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an
employment security department number as required in Title 50 RCW, if applicable; has a state
excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid
electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an
elevator contractor license as required by chapter 70.87 RCW, if applicable.
18.2 Subcontractor Contracts. The Contractor shall include the language of this section
in each of its first tier subcontracts, and shall require each of its subcontractors to include the
same language of this section in each of their subcontracts, adjusting only as necessary the terms
Rev 4/17 — 10 —
used for the contracting parties. Upon request of the Owner, the Contractor shall promptly
provide documentation to the Owner demonstrating that the subcontractor meets the
subcontractor responsibility criteria below. The requirements of this section apply to all
subcontractors regardless of tier.
18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor
shall verify that each of its first tier subcontractors meets the following bidder responsibility
criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which
must have been in effect at the time of subcontract bid submittal; Have a current Washington
Unified Business Identifier(UBI) number;Not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers'
compensation) coverage for the subcontractor's employees working in Washington, as required
in Title 51 RCW, if applicable; A Washington Employment Security Department number, as
required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax
registration number, as required in Title 82 RCW, if applicable; An electrical contractor license,
if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by
Chapter 70.87 RCW.
19. GENERAL PROVISIONS
19.1 Entire Contract. The Contract Documents contain all of the agreements of the
Parties with respect to any matter covered or mentioned in this Contract and no prior agreements
or understandings pertaining to any such matters shall be effective for any purpose.
19.2 Modification. No provisions of this Contract, including this provision, may be
amended or added to except by agreement in writing signed by the Parties or their respective
successors in interest.
19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid,
void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such
other provisions shall remain in full force and effect.
19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or
all of its obligations and rights hereunder without the prior written consent of the City. In the
event the City consents to any such assignment or transfer, such consent shall in no way release
the Contractor from any of its obligations or liabilities under this Contract.
19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be
binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns.
19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of
any terms in this Contract, and the Contractor or City places the enforcement of the Contract or
any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of
possession of any belongings, in the hands of an attorney, or file suit upon the same, each 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.
Rev 4/17 — 11 -
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 4/17 — 12 -
DATED the day and year set forth above.
CITY OF FEDERAL WAY:
.1errell, Mayor
• 325 8th Avenue South
Federal Way, WA 98003-6325
APPROVED AS TO FORM: ATTEST:
ak IAA 'Ai 1 41101Ai61/
J. Ryan Call, City Attorney SU a ie Courtney, CMC, lerk
MORGAN SOUND, INC.:
By: .43.
Its: bi.re4of
2004 I96th St SW #2
Lynnwood, WA 98036
(425) 771-7257
STATE OF WASHINGTON )
) ss.
COUNTY OF gi/010tai )
On this day personally appeared before me Q13 turkiA Onfi , to me known to
be the dirtthr of Ho Wi can& Ine. 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 eJI day of (Peeember , 20/1.
VaiV4aqq-1011
Notary Public Net
State of Washington
VALERIIA JOHNSTON (typed/printed name of notary)
COMMISSION202082 ; Notary Public in and for the State of Washington.
MYCOMMISSION EXPIRES ;
August 19,2022 My commission expires Of 'VOW
Rev 4/17 - 13 -
EXHIBIT "A"
SCOPE OF WORK
Multi-Purpose (MP) Room(s):
• This is a singular large room, which can be divided into three separate rooms (MP1,
MP2, MP3) with partitions. The audio/video system must accommodate a singular
room or any combination of combining/joining the system to function individually or
in room groups. An example would be if the room was used for a large wedding as
one room, any audio/video input in the room, should be able to be routed via touch
panel commands to one or all projectors/speakers. Similarly, if the room were to be
divided into two or three separate rooms for different events, each room's inputs
should only be output in the respective room(s).
• Each of the individual MP Rooms should have a wall-mounted touch control panel to
operate the system components, including but not limited to;projector power and
input selection, projection screen motor, audio/video input control, central BluRay
transport, wireless microphone selection, volume control, room combining/joining,
and password/pin protection and/or physical locking cover.
• Room combine functionality should be an"administrative function" on the touch
panels,which would require a separate PIN to access.
• Each of the three (3) MP Rooms should have a minimum of one HDMI and one
headphone/MP3/iPod/3.5mm input. One extra location in MP Room 3 for second
projector HDMI input as determined by the City.
• Two (2) wall-plates with one (1)XLR-in and one (1)XLR-out located one in MP
Room 2 and one in MP Room 3.
• System should have ability to pair with Bluetooth devices for audio in MP Room 2
and MP Room 3.
• Each of the three (3)MP Rooms should have one (1) ceiling or wall-mounted laser or
LED projector capable of 1920x1200 (16:10)resolution and achieve an approximate
minimum of 100 foot-lamberts, including any necessary lenses. All necessary
mounting and "cage"hardware to protect projector from impacts should be included.
• Each of the MP Rooms should have a minimum 113"diagonal 16:10 electronically
controlled screen. Surface of the screen should be selected to fit the nature of the
room and use cases.
• MP Room 3 should have a second ceiling or wall-mounted laser or LED projector
capable of 1920x1200 (16:10) resolution and achieve an approximate minimum of
100 foot-lamberts, including any necessary lenses mounted to project on the larger
"North" wall. All necessary mounting and "cage"hardware to protect projector from
impacts should be included.
• MP Room 3 should have a minimum 137"diagonal 16:10 electronically controlled
screen mounted on the larger"North"wall. Surface of the screen should be selected
to fit the nature of the room and use cases.
• System should include necessary receivers, antennas and control equipment and
include three (3) handheld wireless cardioid style microphone transmitters and one
(1) bodypack wireless transmitter with two (2)microphones; one (1) lapel style and
Rev 4/17 — 14 -
one (1)head-worn Countryman style microphone. All wireless equipment to function
within the entire Multi-Purpose room.
• System should include an adequate amount of ceiling mounted speakers for high
quality audio in the room(s) for a variety of events; including all necessary hanging
hardware. Ceiling is sloped, so speakers may need to be mounted pendent style for
adequate distance between audience and speaker.
• System should have one (1) centrally located "professional grade" Blu-Ray/DVD
Player.
• System should have minimum of(2) additional central HDMI inputs for future
audio/video equipment. Control system to support these optional inputs.
• There is a central "electrical room" across the hallway from the Multi-Purpose Rooms
where central hardware can be installed. City may provide necessary cabinet or rack
for contractor to install equipment into. City may also provide an APC 2200VA
battery backup.
• All electronics shall be protected by power conditioning and surge suppression
equipment.
• System shall have minimum of three (3) 12' rugged HDMI patch cables,three (3) 12'
and (3) 3' rugged audio/iPod/headphone/3.5mm cables for connecting customer
equipment into the system.
• The location of all hardware to be determined by City.
• City will remove existing projector screens from wall.
• System should include all necessary mounting hardware, cables, connectors, labels,
brackets, mounts, conduits, etc.
• The City uses a contracted electrician. All necessary electrical (high-voltage)work
specifications for this project must be outlined in the quote for the City to provide to
the contracted electrician.
• Quote should include all costs to install, configure, audio-balance,test, deliver, and
train end City staff on the system. Such costs include,but are not limited to;
equipment rentals, travel, freight, permitting, labor (including low-voltage wiring),
control programming, system programming.
• All labor must be calculated and paid at current Washington State Prevailing Wage
rates.
•
The
system shall include as-built drawings as well as all documentation for
Y
equipment such as operations manuals. The City may be able to provide CAD
drawings of facility upon request.
• The quote should include all Washington State Sales Tax.
• The System should include a minimum of one year all-inclusive warranty for parts
and labor.
Senior Lounge (optional project):
• The Senior Lounge is a single room away from the Multi-Purpose Rooms.
• This room is considered as an optional component as part of this project and the City
will choose to proceed based on available budget.
• In order of priority, a minimum 94" diagonal 16:10 electronically controlled screen
mounted to the "North" wall above windows. Surface of the screen should be
Rev 4/17 — 15 -
selected to fit the nature of the room and use cases. Remote switch to be installed to
control screen operation.
• One (1) ceiling or wall-mounted laser or LED projector capable of 1920x1200
(16:10)resolution and achieve an approximate minimum of 100 foot-lamberts,
including any necessary lenses. All necessary mounting and"cage"hardware to
protect projector from impacts should be included.
• A wall-mounted HDMI input wired to the projector.
• One (1) 12' HDMI patch cable to connect end-user devices to the system.
• All electronics shall be protected by power conditioning and surge suppression
equipment.
• The location of all hardware to be determined by City.
• System should include all necessary mounting hardware, cables, connectors, labels,
brackets, mounts, conduits, etc.
• The City uses a contracted electrician. All necessary electrical (high-voltage) work
specifications for this project must be outlined in the quote for the City to provide to
the contracted electrician.
• Quote should include all costs to install, configure, test, deliver, and train end City
staff on the system. Such costs include, but are not limited to; equipment rentals,
travel, freight,permitting, labor(including low-voltage wiring), control
programming, system programming.
• All labor must be calculated and paid at current Washington State Prevailing Wage
rates.
• The system shall include as-built drawings as well as all documentation for
equipment such as operations manuals. The City may be able to provide CAD
drawings upon request.
• The quote should include all Washington State Sales Tax.
• The System should include a minimum of one year all-inclusive warranty for parts
and labor.
Rev 4/17 - 16 -
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EXHIBIT "B"
CONTRACT CHANGE ORDER AGREEMENT
PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE
PROJECT TITLE CONTRACTOR
SUMMARY OF PROPOSED CHANGES:
The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by
Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract
not amended herein will apply to this Change Order.
Will this change affect expiration or extent of Insurance coverage? ❑ Yes❑No
If"Yes"Will the Policies Be Extended? ❑ Yes❑No
PRICE CHANGE LUMP SUM: INCREASE$ 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.
DEPARTMENT RECAP TO DATE:
ORIGINAL CONTRACT AMOUNT $
PREVIOUS CHANGE ORDERS $
THIS CHANGE ORDER $
*ADJUSTMENTS $
NEW CONTRACT AMOUNT $
CONTRACTOR'S SIGNATURE DATE
DIRECTOR'S SIGNATURE DATE
Rev 4/17 — 21 —
ADJUSTMENTS
CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $
❑ DECREASED $
PAY THIS ADJUSTED AMOUNT: $
DIRECTOR'S SIGNATURE DATE
Rev 4/17 — 22 -
EXHIBIT "C"
CONTRACTOR'S RETAINAGE AGREEMENT
City of Federal Way Bid/Contract Number
33325 8th Avenue South
Federal Way,WA 98003-6325 AG# 19-004
253-835-7000
IDENTIFICATION AND DESCRIPTION
Project Title: Community Center AV System
Contractor: Morgan Sound, Inc.
Representative: Gary B Parkes
Bid No.:N/A Date:N/A
Administering Department: Information Technology
City Representative: Thomas Fichtner Funding Source: 111-7200-351-575-51-640
Project Authority: Project Manager
RETAINAGE FORMULA
In accordance with applicable State Statutes, the following provisions will be made for the disposition of
the retainage held for investment:
1. All investments selected below are subject to City approval.
2. Retainage under this agreement will be held in escrow by the
(referred to herein as the Bank the terms of which are specified byseparate escrow agreement.
)> P P g
1
The cost of the investment program and the risk thereof is to be borne entirely by the contractor.
3. The final disposition of the contract retainage will be made in accordance with applicable statutes.
p g PP
CONTRACTOR'S INSTRUCTIONS
Pursuant to RCW 60.28.010 1 hereby notify the City of Federal Way of my instructions ❑ to invest El 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 4/17 - 23 -
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 ofAdministering Department
De artment
Also,please find attached certifications by the applicable state agencies of the receipt of: 1)Washington State Business Taxes(Washington State
Dept.of Revenue);2)Industrial Insurance Premiums(State Dept.of Labor&Industries);and 3)Employment Security,Unemployment Insurance
Premiums(State of Washington Employment Security Dept.)
Rev 4/17 — 24 —
EXHIBIT "D"
RETAINAGE BOND TO CITY OF FEDERAL WAY
COMMUNITY CENTER AV SYSTEM
KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned,
,as principal("Principal"),and
a Corporation organized and existing under the laws of the State of ,as a surety Corporation,and qualified
under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety
("Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ("City") in the penal sum of:
($ ) for the payment of which sum we bind ourselves and
our successors,heirs,administrators or personal representatives,as the case may be.
A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances,
regulations,standards and policies of the City,as now existing or hereafter amended or adopted.
B.Pursuant to proper authorization,the Mayor is authorized to enter into a certain contract with the Principal,
providing for the Project, which contract is incorporated herein by this reference ("Contract"),
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$ ;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.
Rev 4/17 — 25 -
Within forty-five(45) days of receiving notice that the Principal has defaulted on all or part of the terms of
the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a
reasonable time period, or(b)tender to the City, the amount necessary for the City to remedy the default, including legal fees
incurred by the City,or(c)in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes
the City's claim of default,the Surety shall notify the City of its finding and its intent,if any,to interplead.The Surety shall then
fulfill its obligations under this bond,according to the option it has elected. Should Surety elect option(a)to cure the default,the
penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default.If the
Surety elects option(b),then upon completion of the necessary work,the City shall notify the Surety of its actual costs.The City
shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which
exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete
participation in mediation,described in the below paragraph,prior to any interplead action.
In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of
default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties
shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution,
LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the
mediation.
The parties have executed this instrument under their separate seals this day of
20 , 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:
PRINCIPAL
By:
Title:
Address:
CORPORATE SEAL:
SURETY
By:
Attorney-in-Fact
(Attach Power of Attorney)
Title:
Address:
Rev 4/17 — 26 -
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:
T. Ryan Call,City Attorney
Rev 4/17 — 27 -
EXHIBIT "E"
NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS
NONDISCRIMINATION IN EMPLOYMENT
TO:
(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
Rev 4/17 — 28 -
EXHIBIT "F"
AC"0REl CERTIFICATE OF LIABILITY INSURANCE DATE rMMroo-arrvrl
... 127120/8
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 policylies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED.subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME Martha Reeve
Arthur J.Gallagher Risk Management Services:Inc. HONE FAX FAX
?.O.Box 2925 C Na raft- 3 238-1145 rA�c.Not:253-572-1430
Tacoma WA 98401-2925 AA DRESS: ma•tha_reeveyaja.com
RISURERISI AFFORDING COVERAGE NAIC i«
•
INSURER A-Travelers Property Casualty CO of America 25574
INSURED INSURER B.:
Morgan Sound Inc
2004-196th Street SW Ste#2 INSURER
LynnwnOd WA 98036 INSURER
•
INSURER E I
INSURER F I
COVERAGES CERTIFICATE NUMBER:1699815334 REVISION NUMBER:
THIS CS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLCCr PERIOD
INDICATED3JT ITHS_T A ftiNG ANY REOJIREI,.E...TERM OR CO ici:zON OF ANY CONTRACT OR OTHER DOCUMENT`'IT';-)RESPECT TO','H-tint THIS
CERTIFICATE b." Y BE ISSUED OR MAY PERTAIN,THE INSURANCE A.FFTRDED BY THE,oL.,.':E0 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUS101.IS AND c CONDI IO NIS OF SUCH FOLIC s LIMITS CHOI N MAN,A'JE BEEN REDUCED BY PAID CLAIMS
INSR TYPE Or INSURANCE ADDL SUBS POl ICY EFF POLICY EXP I RS
LTR INSD WO POLICY NUMBERIMMiiDDNYyY) lSIMIDD;WY'/Yl
A X COMMERCIAL GENERAL LIABILITY I ZLP181,111888. .2:14121013 2/14/2019E H)CCiUR.P
ENCE 3`,000,NO
CLAMS-MADE I X I OCC UR itD
P EMI Ei3 E hkrrer_b 1.00G.La's
hIEC-EXF;Any cne person l 5':6 OSS:.,
P S -NAL x ACV`1.1JRY 11,00ZUXIC:
GE:..-,a_Rso u c LIMIT A PLIES PER. GENERAL ACG.EGATR 12.000.22:
' POLICY PB:,JT I X I LOC PRCOILICTS YP C:-AC. ?2,000.L -
•
OTHER s
A AUTOMORILELIABILITY BA6K040859 711412016 21400 is .;;TgISI'x .E LIN:'T $,,0w,.,yr.
X ANY AUTO B 1 F/JU (Per persona S
MIN
:t�E�10E0
E 1 1 Y JURY Pet.aerie.; S
OtkL`.' T"t
X RE _ / IED P PEI'r DA.+.-'E
A C_JkIL4' AUTOS 3.Y i er axt _
COM:;'"-oi;Dad 1 500
A X UMBRELLALIAB X o:_r:JR CIJ=6A042355. 2142018. 2/14 213 EAS CCC..-.EPCE c3.Da.22.:.2
EXCESS LIAB e-:: iv3-vsDE AGGPE,3ATE la CIO ON
DFD X RETENTIONS..l;ricE U
A WORKERS COMPENSATION Z.P1 8,N11855 21412018 2/14E2019 I PYATUT IX. I ERI- 'cA STOP GiAP
AND EMPLOYERS"LIABILITY Y;N
AN T RPARThEF.EXECL'1`/E E: .H ACCIDEri T S I.G .Os
I ER rEM3 XCLUD=S.'" N I A
/Mandatory in NH) E.: `-EA3E-EA EMPLOYEE _.1.0LC.200
Un.aa
crbe and
E CRP ;Oti PnfrT? 'rsb.-c E: -:=ASE COLOUr LIMIT 5 1,GC0,.,,.,.
A 1!177=17:3'..1',1
. -d.1e(p P 16: 1855
fi16 112ti7 2/1412018 42.1? eS ct a S8.113D
2141G18 c,'41219 .IdiR.5.M... S 11002.002
S
.0.00
•
DESCRIPTION OF OPERATIONS i LOCATIONS/VEHICLES(ACORD 101.Additicnal Remarks Schedule,may be attached if more space is required)
RE:Community Center AU Project.
City of Federal Way,its officers,officials.employees,volunteers and agents are hereby added as additional insured per form attached on General L ab1iiy and
Automobile Liab city Policies.The General Liability Policy shall be primary and non-centnbutrry.
•
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Federal Way
33320 8th Avenue South SMTUnRI7RO REPRESENTATIVE
Federal'i'Vay'LvA 98003-6325
•
I '-ta
•
Co 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Rev 4/17 — 29 —
EXHIBIT "G"
CITY OF FEDERAL WAY
ALTERNATIVE TO PERFORMANCE BOND
The Contractor elects to exercise the alternative to a performance bond pursuant to RCW
39.08.010, at the option of Contractor, if the value of this Contract as less than One Hundred
Fifty Thousand Dollars ($150,000.00), the City may, in lieu of a bond, retain ten percent (10%)
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.
IDENTIFICATION AND DESCRIPTION
Project Title: Community Center AV Project
Contractor: Morgan Sound, Inc.
GENERAL REQUIREMENTS
1. In accordance with RCW 39.08.010, an alternative to performance bond, at the option of
the Contractor, will be contract retainage not to exceed ten percent of the moneys earned
by the contractor will be reserved by the City.
2. All investments selected are subject to City approval.
3. The final disposition of the contract retainage will be made in accordance with applicable
State Statutes.
CONTRACTOR'S INSTRUCTIONS
Pursuant to RCW 60.28.011 I hereby notify the City of Federal Way of my instructions for the
retainage withheld under the terms of this contract:
R1 Option l: Retained in a fund by the City of Federal Way. No interest will be paid to
the contractor.
0 Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or
savings and loan association. Interest paid to the contractor. Contractor shall have the
bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance
Agreement" upon contract award. The City will provide the agreement to the Contractor
if this option is selected.
0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute,
and have escrow account holder execute a separate "City of Federal Way Construction
Retainage Escrow Agreement" upon contract award. The City will provide the agreement
to the Contractor if this option is selected. All investments are subject to City approval.
The cost of the investment program, and risk thereof, is to be borne entirely by the
contractor.
Rev 4/17 — 30 —
E3 Option 4: Contractor shall submit a "Retainage Bond" on City-provided f4rm (Exhibit
D of this Agreement).
C On -a r"Signature Date
Rev 4/17 — 31 —
EXHIBIT "H"
PREVAILING RATE OF WAGE (SEE ATTACHED).
County Trade Job Classification Wage Holiday Overtime Note
King Electronic Technicians Journey Level $48.06 7E
•
Rev 4/17 — 32 -
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") 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.
5. 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
Rev 4/17 — 33 —
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.
Rev 4/17 — 34 -
5i
COUNCIL MEETING DATE: December 4,2018 ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: COMMUNITY CENTER AV SYSTEM
POLICY QUESTION: Should Council approve the purchase of an AV System for the Federal Way Community
Center from Morgan Sound, Inc.?
COMMITTEE: FEDRAC MEETING DATE:November 27,2018
CATEGORY:
® Consent n Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Thomas Fichtner DEPT: Information Technology
Attachments: Staff Report
Options Considered:
1. Approve the Mayor's recommendation for the purchase of an AV System for the Federal Way
Community Center from Morgan Sound, Inc.
2. Deny approval and provide staff with further direction.
MAYOR'S RECOMMENDATION: Mayor recommends approval of the purchase of an AV System for the
Federal Way Communi Center from Morgan Sound,Inc.
MAYOR APPROVAL:It 1 7, r �// �� DIRECTOR APPROVAL: F h r
/ Co,puttee tou i Initial/Date /
Initial/Date Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed Community Center AV System purchase to
the December 4, 2018 consent agenda for approval.
Cf-,-1-- -1-&--A i-------,--- ...
Committee Chair Committee mb Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the rchase of an AV system for the Federal Way
Community Center from Morgan Sound, Inc.for a sum not to exceed$90,000.00."
(BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE)
txOUNCIL ACTIO
APPROVED ll(4"I W COUNCIL BILL#
DENIED First reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—12/2017 RESOLUTION#
CITY OF FEDERAL WAY
MEMORANDUM
DATE: November 19, 2018
TO: City Council Members
VIA: Jim Ferrell, Mayor
FROM: Thomas Fichtner, IT Manager
SUBJECT: Staff Report for Community Center AV System
Financial Impacts:
The 2018 Amended Budget includes $90,000, one-time funds for this project.
Background Information:
The Community Center opened in 2007 without an integrated Audio/Video (AV) system. Over
the years, the Center rents out a projector on a cart and a portable audio/microphone system for
clients. Unfortunately, that equipment has aged and also grown out of preference by clients due
to the cumbersome nature of using it, taking up space in the room, and overall lack of quality.
Clients have now cancelled rentals, thus a loss of revenue, due to lack of technology in the
Community Center Multi-Purpose and Senior Lounge rooms.
For several years, staff has worked to get estimates, as well as the funding to install a system in
the room that will offer the latest technology and provide built-in projectors, speakers, wireless
microphones and a system that controls it all. An optional component was also solicited for
equipping the Senior Lounge with a built-in projector and projection screen.
Staff Y
requirementsdevelo ed a s ecification sheet of for a system, selected three vendors from
p p
the Small Works roster, and requested they prepare quotations for the installation of a system.
The proposals came back and Morgan Sound, Inc. has provided the lowest responsive quote for
both the Community Rooms and the Senior Lounge at$89,749.07 which is just under the budget
of$90,000.
See the next page for the vendor comparison chart. There is a line item for"network switch
adjustment". This is to help normalize the quotes as the City will be providing a network switch
for the vendors to use. One of the quotes didn't factor that in, thus it is being adjusted.
Community Center AV Project Vendor Price Comparison
Morgan Sound Diversified Jaymarc
Community Rooms Base Project $ 75,975.75 $ 74,976.00 $ 90,679.72
Network Switch Adjustment $ - $ - $ (1,093.75)
Sub Total $ 75,975.75 $ 74,976.00 $ 89,585.97
Senior Lounge Option $ 5,614.31 $ 6,625.00 N/A
Sub Total Including Senior Lounge $ 81,590.06 $ 81,601.00 N/A
Tax $ 8,159.01 $ 8,160.10 $ 8,958.60
Grand Total $ 89,749.07 $ 89,761.10 $ 98,544.57