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AG 21-068 - FLAGS A' FLYINGRETURN TO: Autumn Gressett EXT: 6941 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Derreck Presnell EXT: 6959 DATE REQ. BY: 3/5121 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#):r❑ INTERLOCAL A OTHER CHANGEORDER 5. PROJECT NAME: Veterans Flagpole at the Staircase 6. NAME OF CONTRACTOR: Flags A' Flying ADDRESS: 3635 S Lawerence St, Suite J, Tacoma, WA 98409 E-MAIL: keith@flagsaflying.com SIGNATURE NAME: Keith Harris TELEPHONE 253-471-7880 FAX: 253-471-7838 ;E Project Manager 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 10/31/21 TOTAL COMPENSATION $1094.28 +- 51 'j y I , 6 S —, Q I"6* S . (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES M NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES RETAINAGE: RETAINAGE AMOUNT: ONO IFYES, $ PAID BY: A CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ® PURCHASING: PLEASE CHARGE TO: N/A303-7100-129-594-76-480 10. DOCUMENT/CONTRACT REVIEW PROJECT MANAGER It DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED AG 4.6.2021 AG 5.27.2021 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12 CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK ❑ ASSIGNED AG# COMMENTS: DK: will use change order to address unanticipated PE stamp requirement. x y� EXHIBIT "B" CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER VETERANS FLAGPOLE AT STAIR PROJECT TITLE SUMMARY OF PROPOSED CHANGES: 4/6/2021 EFFECTIVE DATE FLAGS A FLYING LLC CONTRACTOR The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? If "Yes" Will the Policies Be Extended? ❑ Yes ® No ❑ Yes ❑No PRICE CHANGE LUMP SUM: INCREASE $ 1094.28 DECREASE $ UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE 1 SO# 30116 1 $1094.28 ADD TOTAL NET CONTRACT: INCREASE $ 1094.28 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 /�- yq, "/- -7 ' IGNATLIRE DATE ' IGNAT I&ATi& Rev 1 /20 — 16 — $_5.791.65 $ 1,094.28 $ 6,885.93 ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY E INCREASED L DECREASED PAY THIS ADJUSTED AMOUNT: �613ECTOR'S SIGNATURE BATE Rev 1/20 — 17 — Autumn Gressett 1. ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Derreck Presnell EXT: 69`'9 3. DATE REQ. BY: 3i5i21 4. TYPE OF DOCUMENT (CHECK ONE): F-1 CONTRACTOR SELECTION DOCUMENT (E.G El PUBLIC WORKS CONTRACT [:1 PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AGif). D OTHER 5. PROJECTNAME: veterans Flagpoie at the Staircase 6. RFB, RFPRFQ) [9 SMALL ORLIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG El SECURITY DOCUMENT E.G. BOND RELATED DOCUMENTS) Li RESOLUTION E INTERLOCAL NAME OF CONTRACTOR: Flags A'Flying ADDRESS: :3635 S Lawerence St, Suite J Jacoma, WA 98409 TELEPHONE 253471-7880 EMMAIL: keith@flagsaFlying.com FAX: 253-471-7838 SIGNATURENAME: Keith Harris TITLE Project Manager 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE 1:1 ALL OTHER REFERENCED EXHIBITS E PROOF OF AUTHORITY TO SIGN 1:1 REQUIRED LICENSES E PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: upon signature COMPLETION DATE: 10/31/21 9. TOTAL COMPENSATION $ 5791.65 (INCLUDE EXPENSES AND SALES TAX. IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: EJ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED AYES ENO IF YES, $ 531.30 PAID BY: [9 CONTRACTOR El CITY RE TAINAGE: Rf TAINAGE AMOUNT: Ej RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: NIA303-7100-129-594-76-480 10. DOCUMENT/CONTRACT REVIEW A PROJECT MANAGER El DIRECTOR ORISK MANAGEMENT (IF APPLICABLE) A LAW I I., COUNCIL A'PPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED AG 2.24.2021 DK 02-25-2021 COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED AG 2.25.2021 COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING KSENT TO VENDOR/CONTRACTOR DATE SENT: 12V62 I DATE REC"D:* f f 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 4.LAWDEPARTMENT IGGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK Ll ASSIGNED AG# LLJMMEN! S.. DK: will use change order to address unanticipated PE.stamp requirement. IL O SMALL PUBLIC WORKS CONTRACT FOR VETERAN'SF AGPOLE This small public works contract Co ntract") is dated effective this. 7ikooe ratio Corporation ("Contractor'). day of 202t and is made by and between the City of Federal Way, a Washington municipal ("City" or "Owner"). and Flags A' Flying 1, a Washington Limited Liability A. The City desires to retain an in contractor to furnish all labor and materials necessary to perform work at South Side of Parcel 8575000020, 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: I SERVICES BY.CONTRACTOR ohmmmm -NI lei Description of' Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labar and other items It thereto necessary for the construction and completion of the work, more particularly described as the Veteran's Flagpole at Staircase project, in Exhibit "A" attached hereto and incorporated by this reference, ("Work"), and i*n accordance with and as described in the limitation, this Contract, Contract Change Order Agreement attached Contractor's Retainage Agreement attached as Exhibit 44 C, d) Contra331FF ctor's Retainage Bond attached as Exhibit "D," Notice to Labor Unions Insurance Form attached hereto as Exhib Contract Documents, which include without as Exhibit "B," attached as Exhibit "E," Cefttltocate(s)iot 0 it "F," Perfonnance/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, (Col lectively the "Contract Docuumments"h ), wich Work sha11 I e conipleted to the City ly s satisfaction, within the time period prescribed by the Ci and pursuant to the direction of the Mayor or his or her designee. 102 Completion Date. The Work shall be commenced within fourteen (14} days of receipt by the Contractor of the City's Notice to Proceed. The Work shall be completed on or before the 1$` day o July, 202 1. In the event the Work is not completed within the time sneci'fted, 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 City and public, Delays also cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Rev 1/20 — 1 Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount beyond the number of working days estabil' .0 2. To authorize the City's Project manager to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities,oneraticboth from the nal and safety qtnr dnnin the initial ' temporary o f $200.00 for each working day shed for Physical Completion'. and t, all �,�a��u���� arc trUlI1�71CLCU cIIIU unly minor incicentai woi-@K,, replacement ot EL substitute facilities, plant establishment periods_ or correction or repair remains to physically complete the total Uontrac W F 10 t, the City s .project determine the Contract Work is substantially complete. The City's projec notify the Contractor iin writing of the Substantial Completion Date. 1 manager may t manager will For overruns i"n Contract time occurring after the date so established, liquidated damages shown above 'b will not apply. For overruns in Conti --act time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assi* gnable to the project until the actual Ph ysical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon reestquby the City's Project manager, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. Liquidated damages will not bc assessed for any days for which an extension of time is granted. No deduction or payment o iquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete the entire Contract. 1.4 Performance Standard. Contractor shall perform the Work 1"n 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 Ci"ty 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. 186 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 "Bwhich shall be signed bY both the Contractor and the City, shall specificallyspecifically state the change of the Work, the completion date for such changed Work, and any increase or decrease ni 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 b the City. If any change hereunder causes an increase or decrease 1*1n 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. Rev 1/ 0 - 2 - If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within f.iive (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, subm*It to the City a written statement setting forth the general nature and monetary extent of such claim; provided the Ciry, 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 wntten notice as requffed. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. I h 7 Work and Maten*als 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 schedule will be reviewed if at)orot)riate. The value of the omitt will be a lump sum or unit Compensation and the delivery ed work, services and materials in writing b y, the Contractor and the 2 City* Tf the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the.pn'ce and the delivery schedule., price, as mutually agreed upon 108 Utility Location. Contractor is responsible for locatin9Yanunderground 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. 109 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. 20 kvi This Contract shall commence on tfie effective date of this Contract and continue until the 1k completicompletionof the Work, which shall be no later than the 1st day of July, 2021, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 301 Requisite Skill. The Contractor warrants thatImt has die 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 re gistered to do business iii the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that i4bt has visited the site and isfamiliar with all of the plans and specifications in connection with the completion of the Work. Rev 1/20 - 3 302 Defective Work. The Contractor shall, at its sole cast and expense, coiTect all Rk 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. 4. COMPENSATION 401 Total Compensation... In consideration of the Contractor performing the Work 5 the, City agrees to pay the Contractor a fixed fee equal to Five Thousand Two Hundred Si x ty and 351100 ]Dollars ($5...,260.35). and Washington State sales tax equal to Five Hundred Thirty -One and 351100 Dollars $531.35). for a total amount not to exceed Five Th,ousand Seven Hundred Ninety -One and 6... /100 Dollars (S, 791 -h 65), which amount shall constitute, full and complete payment by the City-, 4w2 Contractor Responsible for Taxes the.payment of any taxes imposed by any lawful payment of this Contract. the Contractor shall be solely responsible for jurisdiction as a result of the performance and 4b3 Nogpaent. The City shall have the right to withhold payment to the Contractor for any of the Work not completed i0 n a satisfactory manner, in the Ciry's sale discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4d.4 Method of Pa ent. 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 1"n the Bid Form. The Contractor's acceptance of such payment for the Work shall constitute compensation for the1111rmance of the Work. T-n.voices shall be submitted, in duplicate to: City of Federal Way ATTN: Accounts Payable 33325 8th Avenue South Federal Way, WA 98003na6325 Duplicate i9 nvoices shall be furnished to: City of Federal Way AT I n rwen Public Works Department 33325 8th Avenue South Federal Way, WA 98003-6325 full 445 RetainaI. 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 Retal"nage Option Rev 1/20 - 4 attached hereto as Exhibit "C" or execute the Retai'nage 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 Contractor and all taxes due and to become due with respect to the Contract full or that they are State's lien on the gave been paid in in the L)eVartment s 'o-rinion, readily le without recourse to the retained percentage., Upon non-payment by the general contractor, any supplier or subcontractor may file a lien agains RCW. Subcon actors or suppliers are required days of the completion of the Work and t the retal'onage funds, to give notice of any pursuant ta Chapter 60.28 lien within forty-five (45) in the manner Provided in RCW 39008110L�030-0 Within six ty (60) days after completion of all Work o this Contract, th ity shall release and pay in full the money held 1'n the Fund, unless the City becomes aware of outstanding claims made against this Fund.. 5. E UAL OPPORTUNITY EMPLOYER In all Contractor services,, programs or activitiesand' all Contractor hiring and employment made possible by or resulting from this Contract,, there shall be no discrimination bv t any Contractor or b Contractor's employees, agents, subcontractors or representatives agai ns person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any dsabi1ity,iincluding sensory, mental or physical handicaps, unless based upon E bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: CMPloyment, advertising, layoff or termination, rates of pay or other forms of cImpensation, and selection for training, including apprenticeship. Contractor shall comply with and' shall not violate any of the terms of Chapter 49,.60 RCW, Tl*tl VI of the Civil Rights Act o 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act o 3, 49 CFR Part 21, 21.5 an126 , or any other applicable federal, state, or local law or regulation regarding non- dContractor shall post a notice to Labor Unions or other employment organizations, attached hereto as Exhibit Eas required by Section 202 of Executive Order III 11246M Any material violation of this provisions a e grounds for termination o is 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 WSDO the contractor agrees to the clauses contained inExhibit I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTE.- REST JI 601 Tt 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 o ether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Ao,,rreement to an employment contract. it is recognized that Cal ontractor 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 Rey 1/20 — 5 with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts 4h of interest in favor of the Cityll 602 If the Contractor is a sole proprietorship or if this is a contract with arl individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington refiremen sustain through the Contractor's failure 7. withou 61 TERMINATION qW .. = Prior to the expirati t cause b y the City,, t system and agrees to indemnify any losses the City may t o do so. on of the Team, this Contract may be terminated immediately, with or INDEMNIFICATION 8-al the City, it all claims S elected officials, officers. employees,azents. and volunteers hm-,&mless from any and osses, acfi Contractor Indemnification. The Contractor agrees to indemnify, defend and hold ons titesncludng and liabilities (including costs and ang demands any and all personas or ent ,without limitation, representatives, arising from, resulting from, or connected with this Contract to the extent causeai,i their respec I attorney fees) to or by tive agents, licensees, or t di 16 V the neglgent acts, errors or emissions of the Contractor, its partners, shareholders, agentsnts employees, or by the Contractor's breach of this Contract. Contractor waives any immunity tha may be granted to it under the Washington State Industrial Instuance Act, Title 51 RCW-m Contractor's indemnification shall not be limited in any way by any limitation on the amount of to or by any third party under workers' Compensation acts, disability benefit acts or any other benefits acts or programs. damages, compensation or benefits payable 8o2 CIndemnification. The City agrees to i ity ndemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands,, losses, actions an4l liabilities (including costs and attorney fees) to or by any and a ll 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. 9,0 INSURANCE 991 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 1/20 (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodilYJY9inurincludinpersonal injury or death, products liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than $1, damage. 000 000 for bodily do injury, including personal injury or death and property (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 iio less than the replacement value of the structure until final acceptance of the project by the City. 902 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 Mai l, return receipt requested, to the City. (3) Coverage shatl'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 wham 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. 9w3 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 nght to require complete certified copies of all required insurance policies, at any time. 994 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. 9s,5 Deductibles and... Self -Insured Retentions. Any deductibles or self -insured retentions must be disclosed by Contractor andappraved in writing by the City. At the option of the City, Cont��actor shall either reduce or el-i'minate such deductibles or self -insured retentions or Rev 1120 — 7 — procure a band guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self -insured retentions. 9v6 Asbestos Abatement or- Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the Citv's Risk Manager anii provide scope and limits of coverage that satisfactory to the City. Contractor shall not approved by the Risk Manager. 0 are aPPProriate for the scope of Work and are commence any Work until its coverage has been 9,67 Termination. The Contra,iL��tor's failure 6C) provide the insurance coverage required NEENEEFEWby 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. 1010 PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a PerfoiTnance/Payrnent Bond i"n favor of the City, in the form attached tn this Contract as Exhibit "G" and incorporated by this reterence, in a coiiar amount satisfactory to the City; to guarantee Contractor's performance of 46 the Work to the C14'ty's satisfaction; to insure Contractor's performance of all of the provisions olt'119b this Contract; and to guarantee Contractor's payment of all laborers, mechanics. subcontractors and material persons. Contractor's dollar amount of the'bond,, obligations under this Contract sha 11 not be limited to the Alternat-a ively, pursuant to RCW 39.08,.010, at the option of Contractor, if'the value of this Contract is less than One Hundred Fifty Thousand Dollars ($150,000..00), the City may, i n lieu ot 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 frI11111111)m the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever i's later., lie 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 296AM155 WAC) General Safety and Healthth Standards (Chapter 296m24 WAC), and General Occupational Health Standards (C.] apter 296m62 WAC Contractor shall erect and properly matmaintain,at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at o-r near the Work for the protection o f 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 in Contractor s a protect from damage all water,, sewer, as, steam or other pipes or conduits, and all hydrants and all other property that is Rev likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 1201 of Chapter 39 Wa.ges of Emplo ees. This Contract is subject to the minimum wage requC? irements .12 of the-'-- ....... Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fii'nge benefits to be paid to any of Contractor's laborers, wOrk persons and/or mechanics,, Contractor shall not pay less than the "16 prevailing rate of wage"' for an hour's work in the same t-rade or occupation in the locality within the Mate nf Waqhinutnn where c»ch lahnr is nPrfnrmerl as determined by the Industrial Statistician of the Department of Labor and dustiies of the State of Washington, which "prevailing rates of wage" are attached hereto as Exhibit H 1513 and incorporated herein by this reference. Prevalling wages.paid pursuant to this Agreement shad be the prevai'ling wage rates, which are in effect on the date when the bids!, proposals, or quotes were required to be submitted to the City. Exem r X T IF e. The ,prevailing wage requirements of Chapter 39.12 RCW, and as required 1*n 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 -0 owns at least 30% of the corporation'. 1203 Reporting Requirements. Contractor shall comply with all reporting requirements hNOW of the Department of Labor and Industries of the State of Washington. Upon the execution of this %& Contract,, Contractor shall comp .. lete and file a Statement of Intent to Pay Prevailing Wages with the Department o I Labor and Inditsiries. I Tpon completion of the Work, Contractor shall complete and file an Affidavit o ' 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 b 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 De -6 .0 .9partment of Labor and industries of the State of Washington and the decision therein shall beinal and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Cont-ractor shall fail to pay any subcontractors or laborers, or fail to pay 0 .0 .9 for any matenals or any insurance premiums, the City may terminate this COntract and/or the Rev 1/20 - 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. 14.0 OWNERSHIP OF DOCUMENTS All originals and copies of work product,, including plans, sketches, layouts, designs, design specifiications, 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.. 1S. CONFIDENTIALITY Any records, reports, infoimation, data or other documents or materials given to or prepared or assembled by the Contractor under this Contract will bc kept as confidential and shall not'be made available to any individual or organization by the Contractor without.pnor 0 .0 written approval of the City. 16-a BOOKS AND RECORDS ASAI The Contractor agrees to maintain books, records, and documents which sufficiently and ,properly reflect a ll direct and indirect costs related to the performance of this Cc ntract and such accounting procedures and prac tires as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant t(o) this reasonable times to inspection, review or audl* Contract. These records shall be subject itlt all t by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law t o monitor this Contract. 170 CLEAN UP At any time ordered by the City and imrnediately 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. 1 S. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 1891 Contractor Venfication. The Contractor verifies that it has a certificate of gistration with the State of Washington; has a current state unified business identifier number - re 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 a*cableppl; has an ernployment 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 IP elevator contractor license as required by chapter 70-.87 RCW,i applicable. Rev 1/20 - 10 - 18.2 Subcontractor Contracts. The Contractor shall include the language of this sec in each of its first -tier subcontracts, and shall require each of its subcontractors to include tion 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 sha provide documentation to the Owner demonstrating fir subcontractor responsibilitycnterta below subcontractors regardless of tier. 1803 10 1lhe that the subcontractor requirements of this 11 promptly meets the section apply to all 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)-65 Have Industrial compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Det)�Iif�lftment number, as required in Title 50 RCW, I*f applicable; A Washington Department of Revenue state excise tax registration number,, as required in Title 82 RCW, if applicable; An electrical contractor license -7 An elevator contractor Insurance {workers' if required by Chapter Chapter 70.87 RCW. 19028 RCW, if applicable 19,6 GENERAL PROVISIONS license if required by 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 prier agreements .9 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 ot their respective -1 successors in interest. 19.3 Full Force,,_and Effect. Any provision of this Contract, which i's declared invalid, d, 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 1"n part, any or III 46 all of its0-bligati11 ons andng.. hts 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 i-n interest, heirs and assigns. 19.6 Attorney Fees. Tn the event the City or the Contractor de faults on the performance of any terms in this Contract, and the Contractor or City places tile enforcement of the Contract or any part thereof, or the collection of any monies due, or to became due hereunder, or recovery of Rev 1/20 — I I — 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, cysts and expenses. The venue for any dign4h ute related to this Contract shall be King County, Washington. 19.7 No Wal*ver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action H'*"11L connection with, shall not waive such breach or default. Failure of the City to declare one breach or does not act as a waiver of the ci.0 ty's right to declare another breach or default. 19.8 Goveming 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 Autholl* .Each individual Contractor represents and warrants that f executing this Contract on behalf of the Cl*tY and 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 '6 United States mail,r Ostaize 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 i*n any respect any o 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,ww54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract maybe rendered null and void, at the CAY4,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 1/20 - 12 DATED the day and year set forth above. APPROVED AS TO FORM: J. Ryan Call, City Attorney Rev 1/20 CITY OF FEDERAL WAY: 6 J IF9everrell, Mayor 325 8th Avenue South Federal Way, WA 98003MM6325 ATTEST: -r Swhini'e Courtney, CMC, qtkiClerkerk 13 CONTRACTOR NAME: By: Kat Ham Its: Flags A' Flvine LLC 3635 S LAWRENCE ST STE J TACOMA, WA 98409 (Address) 253-471 m7880 (Phone) STATE OF WASHINGTON) SS. COUNTY OF Pi er-cc ) On this day personally appeared before me �4CA4 1�r �s v, 1.-�ly � � ; , to meknown to be the (YC t�,-, i9P, r' MtArPIIIIIkrAt� P Volr of r�w- ��, 5 � ' that executed the N a 60IM-4- foregoing instrumentIF Pr , and acknowledged the said instrudlent to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Rev 1/20 GIVEN my hand and official seal this 1day of' Ayr- 20d024*d d md r k. (typed/printed naf ----------- me of notary) Notary Public i*n and for the State. of Washington. M y commission expires � A � � � 2w.- 14 EXHIBIT "A" SCOPE OF WORK MODIFIED DELIVERY AND COMPLETE INSTALLATION — 1. Standard ground set installation where the foundation top is left �3" below finish grade (so that the City of Federal Way can replace the asphalt removed from the top of the foundation installation), and where the ground sleeve is installed with an approximate 1 " exposure above the finish grade of the surrounding asphalt entering into it). This includes making two trips to the job s soils from the foundation hole'by a City of Federal Way's vactor service contractor, (to prevent surface water from ite, supervising the removal of -4 provi&ng and in0 stalling 2500 psi concrete around the properly aligned ground sleeve using our portable electric mixer and a rented gas generator, leaving to all t i ow the concrete o properly cure out, then returning with the flagpole to complete the setup and nstallation with the aid of a boom truck. 2. Contractor required to engineer the footing in accordance with the 2018 International Building Code, seismic zone D and wind speed of I OOmph and the soil i's of 2000 bearing. It will also require a Washington State PE stamp. This item was not included in the onginal solicitation or bid, so City agrees to submit a change order to reflect need for a PE stamp and' additional cost associated with that item. Rev 1/20 — is — 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? If "Yes" Will the Policies Be Extended? PRICE CHANGE LUMP SUM: UNIT PRICE INCREASE $ ❑ Yes ❑ No I ]Yes[] N'o DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM QTY. UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ STATEMENT, Payment for the above work will be in accordance with applicable portions of the standard specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. DEPARTMENT RECAP TO DATE. ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT CONTRACTOR.e 'S SIGNATURE DIRECTOR'S SIGNATURE Rev 1/20 DATE DATE LC: t ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED $ ❑ DECREASED $ PAY THIS ADJUSTED AMOUNT: $ DIRECTOR'S SIGNATURE DATE Rev 1/20 — 17 EXHIBIT 64C" CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: V � i �E2�r/ 5 TG./�CsPCI..zo Ar ro I P,FB No: Contractor: ,,A fit:, _ F"-iv G.,L LC GENERAL REQUIREMENTS 1., In accordance with applicable State Statutes,, a contract retainage not to exceed five percent of the moneys earned bV the contractor will be reserved bv the CitV 2. All investments selected are subject to City approval. 3. The Tina 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 no withheld under the terms of this contract Option 1: contractor. a tify the City of Federal Way of my instructions for the retainage Retained in a fund by the City of Federal Way. No interest will be paid to the � Option Z: 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. O 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. 0 Option 4-:: Cont ctor shall submit a "Retainage Band" on City -provided form (Exhibit D of this Agreement). Contractor Si Rev 1/20 atu re uate — 18 — EXHIBIT 66D" RETAINAGE BOND TO CITY OF FEDERAL WAY Veteran's Flagpole at Staircase KNOW ALL PERSONS BY THESE as PRESENTS that principal we, the undersigned ("Principal' , ant I 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 Contr firmly bonded to actors with Municipal Corporations, as surety 1"qHrohi"), the City of Federal Way ("CitV11 in ($ ourselves and our successors, heirs, administrators or persona r are jointly and severally held and the penal sum of: 1) for the payment of which sum we bind epresentatives, as the case may be. A. 'his obligation is entered into in pursuant ti�,:,:) 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 material men 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-1 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, Rev 1/20 — 19 — 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 shall automatically increase the obi igation of the Surety on this Retainage Bond in a like amount, such Principal increase, however, not to exceed twenty-five percent (250/o) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that 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,lt, including legal fees incurred by the City, or (c) in the event that Surety's evaluation ot the dispute is not complete or in t 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 sha 2 0 MMO the Principal has defaulted on all or part of the terms of he event the Surety disputes the City's claim af default , the Surety shall notify the Ci of its finding and its intent, II 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 oT 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 Cc), the Parties shall first complete pa rticipation in mediation, described in the below paragraph, prior to any interplead action. ti ty 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 comple on 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 authori of its governing body. CORPORATE SEAL:By PRINCIPAL Title: Address: CORPORATE SEAL: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title; Address: ty Rev 1/20 CERTIFICATES A PORAT I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principa within bond,, that ,who signed the said bond on behalf ot the Fri in the ncipal, was i 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 ofi its governng body. Secretary or Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the -1 within bond; that. ,who signed the said band on behalf of the Surety 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. APPROVED AS TO FORM9 J. Ryan Call, City Attorney Rev 1/20 - 21 - Secretary or Assistant Secretary EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: (Name of Union or Organization) The undersigned Curren funds or credit of the City of Federa contractor holding such contract(s). tly holds contracts) with involving Way, Washington, or (a) subcontract(s) with a prime 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 dateentember 24_ 1965 the undersigned iok s obliged not to discriminate agains nec se oir race, color, creed or employment includes, but is not limit t any employee or app11P icant national ongin. This obligation not to ed to:, the following: 0 i EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TERMINATION TRAINING INCLUDING This notice is furnished to you pursuant subcontractor(s) and Executive Order 11246 if APPRENTICESHIP, of employment di16 scriminate in LAYOFF OR to the provisions of the above contract(s) or Copies of this Notice will bc posted by the undersigned in conspicuous places available to employees or applicants for employment. wr Complaints maybe submitted to:. City of Federal Way 33325 8"' Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Rev 1/20 - 22 - Rev 1/20 EXHIBIT "F" CERTIFICATE OF INSURANCE 23 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/08/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND., EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, - the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Services of Washington Inc 8195 166th Ave N E #201 P O Box 62 Redmond INSURED COVERAGES Flags A Flying LLC 3635 S Lawrence St Ste J Tacoma WA 98073-0062 CONTA NA0 ME: CT insurance Services of Washington PHONE (425) 868-112 (A/C,--No,Ext): E-MAIL ADDRESS: INSURERS) AFFORDING COVERAGE INSURER A, Shia Security insurance company INSURER B : The Shia Casualty Insurance Company INSURER D INSURER E E INSURER F FAX (425)868-2411 IA/C. No): REVISIC N NUMBER: THIS IS TO CERTIFY THAN SHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR ETHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED DR MAY CERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I5 SUBJECT TO ALL SHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE �F INSURANCE INSD. WVO POLICY NUMBER MMlD(MMIDD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 170001000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occuRence $ 110001000 ME ESP (Any one person) $ 155000 A BKS58605474 03123/2021 03/23/2022 1PERSONAL 8�ADV INJURY $ 110007000 GEN`LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 21000)000 X POLICY PRE- PR�DUGTS - C�MPJ�P AGG $ 270001000 JECT ��� ETHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident $ 17000)000 ANY AUTO BODILY INJURY Per person) $ A DWNEb SCHEDULED BAS58605474 03/23/2021 03123/2022 BODILY INJURY (Per accident) $ AUTOS ONLY X AUTOS X HIRED �/ NON -AWNED PROPERTY DAMAGE $ AUTOS ONLY �` AUTOS ONLY Per accident Underinsured motorist $ 1000O)OOD UMBRELLA LIAR OCCUR 17000,000 EACH OCCURRENCE $ B EXCESS LIAB CLAMS -MADE US058605474 03/23/2021 03/23/2022 AGGREGATE $ 170007000 ❑ED X1 RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- ANQ EMPLOYERS' LIABILITY Y ! N STATUTE ER ANY PROPRiETQRIPARTNERIEXECUTIVE ❑ OFFIGERIMEMBER EXCLUDED? � �A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ WA State Stop Gap A BKS58605474 03/23/2021 03/23/2022 $1;000,000 DESCRIPTION OF OPERATIONS I LOCATIONS VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Purpose & Time Frame: For the purpose of providing and installing (1) 35'exposed height flagpole at the PAEC Veterans Memorial area during the second quarter 2021 Certificate holderis an addi#oinal insured per the attached additional Commercial General Liability extension CG 88 10 04 13, which gives automatic status when required by contract, as well as primary/non-contributory status and waiver of subrogation. NAIC # 24082 24074 CERTIFICATE HOLDER City of Federal Way 33325 8th Ave South Federal Way CERTIFICATE NUMBER: 2021 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE WA 98003 I �) ACORD 25 (2016103) C 1988-h-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"'), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the -penal sum of Dollars payment of which we firmly bind ourselves and our legal representati severally. and no/ 100 ($ ) for the ves, heirs, successors and assigns, jointly and This obligation is entered into pursuant to the statutes of the State of Washington and, the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated 20MMMMMP� 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 subcontractorswith provisions and supplies for tlhe cwTyq'ng 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, oir 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. 10 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 shalt in any way affect its obligation on this band, and it does hereby waive notice of any on of t►me, alterations or additions to the terms of the Agreement or- to the Work.,change, extensi 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,. R& Within forty-five (45) days of receiving notice that the Pr"ncipal 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 tees incurred by the City, ot- (c) in the event that Surety's evaluation of the dispute is not complete ot 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 Band s'hatlbe reduced in an amount equal to the rusts actually incurred by the Surety in curing the default. Tf the Surety elects option (b), then upon completion of [he 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. Rev 1/20 — 24 — In the event a dispute should arise between the Parties to this Bond with respect to the City7s declaration of default by the Principal, the Parties agree to participate i"n at least four hours of mediation to resolve said dispute. The Parties shall -proportionately share in the cost of the mediation. The mediation shall be administered by judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. DATED this _ 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 band; 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. ''M Secretary of Assistant Secretary STATE OF WASHINGTON j SS-M COUNTY OF ) On this day personally appeared before me to me known to be the of that executed the foregoing instc-ument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes the -rein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of , 20_. Notary's signature Notary's printed name Notary Public in and foi- the State of Washington. MY commission expire 0 .. . 'IM.&M-M.6" Rev 1/20 — 25 CORPORATE SEAL OF SURETY: APPROVED AS TO FARM: J. Ryan Call, City Attorney Rev 1/20 — 26 — SURETY By Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) EXHIBIT "H" PREVAILING RATE OF WAGE (SEE ATTACHED). SEE DEPAR-----lT---------.--MNT CONTRACT BO(}� FC1R HARD _+CdPY OF ,THIS E�I�iIB�T' PKVAI"'l'dG'U�AGE RAT�� USE LATE5�' I'UBLISHEp FIGTI:l�ES: Rev 1/20 — 2 % 4/7/2021 Public Works Intents and Affidavits washmgtnn State Depaccment 0:of Labor E� In-dustries01 Prevailing Wage Section - Telephone 360-902-5335 PO box 44540, Olympia, WA 98504-4540 h•r+Wti%RIL1llrR91'Jry�.d�o-•�aa•.nau aorynl:.nw.�a��ILa]N�NC4'a9mlMr4Jl rwclur.�c+A.v_vraw»�voayxrtir.rlmv_�nlr�ruarw rsL+uin Ly lr�lw:.y.•h l•y t, t,:tLr.�r• v<h.•�.., ..L.���u...�..-..:�a'ti:�.•,rv.+,ry�H�nYWIrL,.t cam wwav�lxul�swns�c.•.+oc+�r.r.a:,�:..,n.a.�.y.�.l•r.xra.•x•n;,.�t.-_,�....—.•...'m•+_++���+•t+�u+st�•+www•vyr.�wo-�Ix �.�l..,�.r..,�.���..�a..���„•µ-.•..�.�a..Y.,�.�aa,._f�.�..��..��J.-•r+l•+�++^we.¢+r�r�wirNx�.eti,h�.�r��.�,�+.� • nr.ax•r���-•�a,r�.lJyti unar•v..•1�•�•�1+1Y-��.�ary TFT �'}17VL01WI0hYlr.-JL11G �JfL A��y+�i.+��hti r+��.1•.. ... �•aa����4F ���V�1 '+�}RX�MIY•17J1-0S rFra,a'n-_�.�n .Y •J L.1�• M'e•M'JII/J��jl�aliWlLg1�Y•Y9�•aJh�-0'Y.�t]r.�Wl4Mn•n'ir'� .. .�•n.Y �•rh ln;r y1..a 41�rn State ent of intent to Pay Prevailing Wage Document Received Date: 3/21/2021 f L 3 4 Company Details FIAGS A FLYING LLC 363.5 S LSVJRE'VCE STJ TACOMAINA, 98409 OMWBE CerfificatiIons as cif �/� � f �€�21 No active certifications exist for this business. Workers' Compensation Account ID Prime Contractor Company Name Contractor Registration No., VIA UPI Na. Phone Number Project Information Awarding Agency i Awarding Agency Contact Name 1 Awarding Agency Contact Phone Number Contract Number :A ti Project Name :r Contract Type Sid Due Date Contract Award Date Intent Id: 11302 S4 UBI: 6017481,92. Affidavits: Rego: FI.AGSFI.031RP Email: ke1"'th@.flapsaflyin.g.com Filed ]BY: Keith 111,iliq'S 4971120-01 FLAGS A FLYING LLC FLAGSFLO31 RP 601 gas 192 253-471-7880 FEDERAL WAY, CITY OF Autumn Gresset 253-263-S778 Veterans Memorial Flagpole Limited Public Works (Less than $SO,000) 2/2i2021 3/5/2021 Status,- Approved f Apprentice utilization is required I Mf https://secure.1ni.wa,gov/pwia/Forms.aspx xisting-inte nt/view-intent?intenild=1130254 4/7/2021 Public Works Intents and Affidavits OMWBE utilization is required Federally --Funded Project Proi ect Site Address or Directions Project Description Intent Details Does your company intend to hire ANY subcontractors? Will your fv�n�any hate emp��yees perform v�flrk vn this project? Do you intend to use and apprentices? (Apprentices are considered employees.) How many owner/operators performing work on the project own 30% or more of the company? Whatis the estimated contract amount? OR is this a time and materials estimate? Your expected projectstart date: (MM-DD-YYYY) In what county far counties) will the work be performed? In what City (or nearest pity) will the work be performed.? No No 315 0 Pete von Reichbauer Way S Federal Way WA 98003 Provide and install (1) 3S' flagpole on the south side of parcel 857500002D, Federal Way WA - top of grand staircase Yes Yts No : } 0 $61900000 5/21/2021 King Federal Way Journey Level Wage Cou my Trail a Occupation Prevailing Wage King Laborers General Laborer$52-39 $510.39 . ti .ti .r •'r } •L iD } �4 -J''.._ N�+lJ+R•:•��p.r�-•.+�ti+.,,Tf�.r-....?,Y.fv.+���.r....},............���R+ti+r+���L'L+ww:ytr.....!�w�tiay.-.r�.,v.�nr...•.+a.-,.-ri��.,....r.'F'"^.,'?7'n!;►t'M''1r9!,�1"F+r*++,i!.•,v��,rf.�x..,.,-.,.,r.,T i..:.�.�w•;..�.�a-•n �".' �s.}y,�.!'� rip"{^�vwr'�r++�'�,.r��,.�,.+..,-.r� • .'[�'. r'+P' stir+•+"cc••+}r'�'�+n'y�;�w�+F„�i,.,..lnip*imr=•yysv+wmLm2rar.tpVyfw.a+..aw.ir a—W-77 7 arrw.�,w��'�,r�� nit fix, +�iti!,r i �.vr�r.r+.„r. •. "'+r'+3�?I"I^?�J`�+.T.�,.,!!1�'R�"�'�Y��� https:/lsecure.lni.wa.goulpwia]Firms.aspx#existing-intentiview-intenf?intentld-1130254 2/2 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 1* 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. Z. 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 subillacontract, 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 qP 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 1/20 - 2 S - contractor under the contract until the contractor complies, and/or; CancellatCancellation,terminatilon, or suspension of the contract, in whole orin part 6. Incorporation of Provisions The contractor sha II include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and Regulations, or directives issued pursuant thereto leases of equipment, unless exempt by the . 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 oT enforcing such provisions including sanctions for non-compliance. Provided, however, thatIn the event a contractor becomes involved in c r is threatened with litigation with a submcontractor or supplier as a result of such direction, the contractori may requestWSDOT enter into such litigation to protect the interests of the state and, n addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States., Rev 1/20 — 29 — STATE OF WASHINGTON BUSINESS LICENSING SERVICE Thank you for filing online Our processing time generally takes up to 10 business days. Some endor'11113ements may approval. You will receive your business license with approved endorsements will be mailed to you when additional endorsements are approved. Confirmation Number: 0-019-479-295 Payment Method: ACH Debit/E-Check Business Entity Information Entity Type: limit Name of Entity: Account ID,0 Firm Name., ed Liability Company FLAGS A' FLYING, L.L.C. 601748192-001-0001 FLAGS A'FLYING in the ma take more time for Stat or city il. An updated business license Filing Date and Time: 04/D6/2021 10:12:10 ANI Endorsement(s) Applied For Begin End Count Federal Way General Business Non -Resident Fee Type BLS Processing Fee 04/06/2021 Begin 04/06/2021 04/30/2022 End 1 Count 1 Grand Total: Fee Gnglm1 $81 q00 t L �USINESS INFORMATION usiness Name: LAGS A'FLYING, L.L.C. BI Number: )1748192 usiness Type: 'A LIMITED LIABILITY COMPANY usiness Status: CTIVE •i1 ncipal Office Street Address-. i35 S LAWRENCE ST STE J, TACOMA, WA, 98409-5704, UNITED STATES �incipal Office Mailing Address: 05 S LAWRENCE ST STE J., TACOMA, WA, 98409-5704, UNITED STATES �piration Date: )/31/2021 irisdiction: NITED STATES:, WASHINGTON >rmation/ Registration Date: )/30/1996 �riod of Duration: ERPIETUAL active Date,, ature of Business: THER MANUFACTURING, OTHER SERVICES, RETAIL, TEXTILES., CLOTHING & FOOTWEAR :EGISTERED AGENT INFORMATION � gistered Agent Name: LAGS A' FLYING LLC reet Address: i35 S LAWRENCE ST STE J, TACOMA, WA, 98409-5704, UNITED STATES : ailing Address: 65 S LAWRENCE ST STE J., TACOMA, WA, 98409-5704, UNITED STATES GOVERNORS 'itle GOVERNOR GOVERNOR Governors Type INDIVIDUAL INDIVIDUAL Entity Name First Name KOURTNEY KATH.RYN Last Name BAILEY HARRIS 4