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PRHSPSC PKT 07-13-2021City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 13, 2021 City Hall 5:00 p.m. Council Chambers MEETING AGENDA Notice: as of June30,2021 City Hall has re -opened and City Council and Council Committees will be held in -person. Until the Governor's Proclamation 20-28, et seq has been rescinded in its entirety, these meetings will take place in a hybrid format. The public will have the opportunity to provide comments either in -person or live via telephone. All Council Rules of Procedure regarding public comments apply. • Watch the meeting live via Federal Way You Tube Channel or within city limits Government Access TV Channel 21 • Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 • Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 Public Comment Options: • In -person public comment: complete a sign-up sheet and submit to staff • Remote public comment: sign-up to provide live comments via Zoom here • Comments to be read aloud: submit an email here with the subject line: "Please read aloud at (specify meeting type and date). To ensure your comments are received and processed your request must be submitted at least 1-hour prior to the start of the meeting 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of June 8, 2021 Minutes 3 Action N/A B. Second Amendment to the Interlocal Agreement Hwang 5 Action Consent between the City of Auburn and the City of Federal Way 7/20/21 for Office Space for the PSATT Office C. RFB — Roofing Replacement — Saghalie Restroom Gerwen 9 Action Consent Buildings & Steel Lake Annex Barn 7/20/21 D. Celebration Softball Complex 2022 RFP Hutton 43 Action Consent 7/20/21 Committee Members City Staff Linda Kochmar, Chair John Hutton, Parks Director Lydia Assefa-Dawson Mary Jaenicke, Administrative Assistant II Greg Baruso K:\PRHSPS Committee\2021\07-13-2021 Agenda Revised.doc Topic Title/Description Presenter Information A. East/West Bus Service Perez Discussion B. Public Safety Crime and Safety Report Hwang Information 5. FUTURE MEETING: The next PRHSPS meeting will be September 14, 2021 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2021\07-13-2021 Agenda Revised.doc City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 8, 2021 5:00 p.m. SUMMARY Committee Members Participating via Video Conference: Chair Kochmar and Committee members Assefa-Dawson and Baruso Council Members Participating via Video Conference: Council President Honda and Council member Craft Staff Members Participating via Video Conference: Ryan Call, City Attorney, Chief Andy Hwang, Commander Kurt Schwan, Jason Gerwen, Parks Deputy Director, and Mary Jaenicke, Administrative Assistant II. Guests: None Chair Kochmar called the meeting to order at 5:00pm Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Baruso motioned to approve the May 11, 2021 minutes as written. Committee member Assefa-Dawson seconded. Motion passed. Police Body Worn Camera (BWC) Program Commander Schwan provided the background information. His presentation included information on the financial impacts and how they reached a decision to use the AXON system. Law enforcement is transitioning to the Body Worn Camera's (BWC). The department began researching BWC in mid-2020. They identified three companies that provided these products and invited them to City Hall to provide demonstrations of their equipment. After the demonstrations it was clear that AXON provided the preferred program. The department currently has a contract with AXON for their tasers. 70% of the agencies in the United States use the AXON BWC. They will have 143 BWC licenses. Anyone that is out on the field and has citizen contact will wear a camera. They will enter into a five-year agreement for the cameras and the tasers. The tasers are linked up with the cameras; the camera is activated when the taser is turned on. This program will require the hiring of three new FTE's. The total cost of the program for the first year is $942,761.00 — this includes the salary and equipment. Economic Development Director Tim Johnson will provide a detailed presentation on how the City will pay for the program. The two identified funding options are the American Rescue Plan Act (ARPA) and a grant program. They have been assured that the funds are there to pay for the program. The Police Department will be developing policies on when the cameras can and cannot be turned off. Commander Schwan recommended that as soon as this program is approved by the City Council they start the hiring process for the three additional staff. They would like to be prepared to start the program on January 1, 2022. Committee member Assefa-Dawson moved to forward the proposed agreement to the June 15, 2021 City Council Business agenda for approval. Committee member Baruso seconded. Motion passed. ORDINANCE• Repealing the Criminalization of the Possession of Drull Paraphernalia in Response to State Preemption on the Subject City Attorney Call provided the background information. Staff Call is presenting two ordinances to repeal two laws that were passed in response to the Blake decision. The Blake decision was a K:\PRHSPS Committee\2021\06-08-2021 Minutes.doc 3 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 15, 2021 Summary Page 2 Washington Supreme Court case that said that the statute that criminalized simple possession of drugs was unconstitutional because it lacked a criminal intent element. In response to this, the City of Federal Way passed an ordinance to have a local criminal statute on the books for preventing or criminalizing the possession of drugs. The state legislature acted to create their own solution which was SB 5476. Both of the ordinances are now in conflict with state law. This ordinance has been on the books for quite some time. SB 5476 talks about drugs, but it also crossed out several types of drug paraphernalia. The legislature kept things that are used to create, cultivate or grow drugs, but decriminalize anything for using or storing drugs. This law now conflicts with our local law. The proposed ordinance repeals sections 6.10.040, 6.10.050 and 6.10.060. Those things that are still criminal under state law (things used to manufacture drugs) are still criminal and could be prosecuted by the county. Committee member Baruso moved to forward the proposed ordinance to First Reading on June 15, 2021. Committee member Assefa seconded. Motion passed. ORDINANCE: Repealing the Criminalization of the Possession of a Controlled Substance in Response to State Law Preempting the Subject. City Attorney Call provided the background information. The City passed an ordinance in April criminalizing possession of marijuana as a gross misdemeanor. The ordinance states that the Council will repeal ordinance 21-911, which has become invalid due to state preemption on the subject. Committee member Assefa-Dawson moved to forward the proposed ordinance to the First Reading on June 15, 2021. Committee member Baruso seconded. Motion passed. Other President Honda inquired about Concerts in the Park. Staff Gerwen answered that there would be Concerts in the Park and there will be Movie Night. NEXT REGULAR MEETING July 13, 2021 ADJOURNMENT Meeting adjourned at 5:36p.m. 4 COUNCIL MEETING DATE: July 20, 2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Second Amendment to the Interlocal Agreement between The City of Auburn and The City of Federal Way for the PSATT office. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) continue an Agreement with the City of Auburn for the PSATT office for the 2021-2023 WATPA grant cycle? COMMITTEE: PRHS&PSC MEETING DATE: July 13, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Tmcy Grossnicklez, Commander DEPT: Police Department Attachments: 1. Staff Memo 2. Second Amendment to the Interlocal Agreement for PSATT Office Space between the City of Auburn and the City of Federal Way Options Considered: 1, Accept the Second Amendment 2, Reject the Second Amendment MAYOR APPROVAL: C�Z *,,,RECTOR APPROVAL: .-�. L�J;%/i•� 7T"c�� ,,,nm coup COMMITTEE RECOMMENDATION: I move to forward the Interlocal agreement amendment between the City of Auburn and the City of Federal Way to the 2021 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed Interlocal agreement amendment between the City ofAuburn and the City Of Federal Way, for the continued PSATT office, and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED I - reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordmcnres only) ORDINANCE4 REVISED— 08/1M010 RESOLUTION N CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 13, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Second Amendment to the Interlocal Agreement between the City of Auburn and the City of Federal Way, Washington for PSATT Office Space Financial Impacts: None. The City of Auburn will be charging $3,125 a month for rent for office space to PSATT. However, this charge will be fully reimbursed through the WATPA grant. Background Information: Since 2017, there has been an agreement between the City of Auburn and the City of Federal Way for the use of office space by the Puget Sound Auto Theft Task Force (PSATT). This rent is fully reimbursed through the WATPA grant which has already been approved and allocated for the 2021-2023 grant cycle. 1 0 SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN TINE CITY OF AUBURN AND THE CITY OF FEDERAL WAY ESTABLISHING AND MAINTAINING OFFICE SPACE FOR THE PUGET SOUND AUTO THEFT TASK -FORCE THIS AMENDMENT TO THE INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of , 2021, between the CITY OF AUBURN, a municipal corporation of the State of Washington ( "Auburn"), and the CITY OF FEDERAL WAY ("Federal Way") (collectively "the Parties"). RECITALS: WHEREAS, Federal Way is the Lead Administrative Agency for the Puget Sound Auto Theft Task. -.Force (PSATT), established through an Interlocal agreement, adopted by Auburn City Council under Resolution 5303 between the cities of Federal Way, Auburn, Bonney lake, Lakewood, Tacoma, and Tukwila, the Washington State Patrol, the Pierce County Sheriff's Office, the King County Prosecutor's Office, and the Pierce County Prosecutor's Office, to combat automobile theft in the Puget Sound area through coordinated law enforcement; and WHEREAS, as the Lead Administrative .Agency, Federal Way is authorized to expend Washington Auto Theft Prevention Authority grant funds for eligible expenses associated with the operation of the PSATT, including the leasing of office space for the operations of the PSA`17; and WHEREAS, on November 6"', 2017, the Parties entered into an Agreement adopted by Auburn City Council under Resolution. 5324 for the establishment of office and vehicle parking space. WHEREAS, the Agreement establishing office and vehicle parking was amended by Resolution 5443, which reduced the rent in Section 3 for the grant cycle July 1, 2019.— June 30, 2021 term and allowed for the Agreement to be signed in counterparts; and WHEREAS, Federal Way has notified the City that the awarded grant funds for rent and utilities for the July 1, 2021 - June 30, 2023 is reduced from the amounts originally agreed between Parties in the Original Agreerent; and WHEREAS, the City of Auburn believes it to be in the hest interest of the public to amend the Agreement to reduce the rent and utilities charged in the Interlocal Agreement to match that amount awarded to Federal Way as the Lead Administrative Agency of the PSATT for the July i, 2021 — June 30, 2023 cycle and to retain the presence of PSATT at this location to best serve the public needs. Second Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 1 AGREEMENT: 1. Section 2 "Term' is amended as follows: The parties agree that the term of the original Agreement began on August 1, 2017 (the Commencement Date). Following execution of this Second Amendment, the term shall continue and terminate at end of the current Washington Auto Theft Prevention Authority PSATT grant funding cycle, unless earlier terminated in writing by either party. In addition to any other termination provisions in this Agreement, either party may terminate this Agreement at any time, and for any reason, by providing thirty (30) days' written notice to the other party. 2. Section 3 new subsection "F" added in the First Amendment is replaced in its entirety with the following: F. For the grant cycle beginning July 1, 2021 and ending June 30, 2023, Federal Way agrees to pay a total of Three Thousand, One Hundred Twenty -Five Dollars and no cents (S3,125.00) per month for base rent and utilities. ALL OTHER TERMS AND CONDITIONS AGREED TO IN THE AGREEMENT SHALL REMAIN THE SAME. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF AUBURN Nancy Bac cu , Auburn Mayor Attest: �� CamXw>C C 4k Shawn Campbell, MMC, �ity Clerk Approved as to form: Kendra Comeau, Auburn City Attorney CITY OF FEDERAL WAY I im errell, Federal Way Mayor Attest: Stephanie Courtney, Federal Way City Clerk Approved as to form: J. Ryan Call, Federal Way City Attorney Second Amendment to Interlocal Agreement between City of Auburn and the City of Federal Way Original Agreement for Office and Parking space under Resolution 5324 Page 2 DATE: Julv 20. 2021 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: RFB-ROOFING REPLACEMENT -SAGRALIE RESTROOM BUILDINGS & STEEL LAKE ANNEX - BARN Policy Question: Should the City Council authorize staff to Request Bids for the Roofing Replacement at Saghalie Restroom Buildings and Steel Lake Annex - Barn COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 13, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Derrick Presnell - Parks & Facilities Manager DEFT: Parks Attachments: 1. Staff Report 2. RFB - Rooting Replacement - Saghalie Restroom Buildings & Steel Lake Annex - Barn Options Considered: 1. Approve staff to request bids for Roofing Replacement - Saghalie Restroom Buildings & Steel Lake Annex -Barn. 2. Do not approve and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: INiuVDYe V Initiamate COMMITTEE RECOMMENDATION: `I move to forward the proposed Request for Bids for the Roofing Replacement — Saghalie Restroom Buildings & Steel Lake Annex — Barn to the July 20, 2021 consent agenda for approval." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Request for Bids for the Roofing Replacement — Saghalie Restroom Buildings & Steel Lake Annex — Barn. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED Ora reading ❑ TABLEDIDEFERREDMO ACTION Enactment reading ❑ MOVED TO SECOND READING (aNi-a —only) ORDINANCE N REVISED - 11120 19 RESOLUTION N CITY OF FEDERAL WAY MEMORANDUM DATE: 6/29/2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Derreck Presnell, Parks & Facilities Manager SUBJECT: RFB - Roofing Replacement — Saghalie Restroom Buildings & Steel Lake Annex - Barn Financial Impacts: The cost to the City for Roofing Replacement at Saghalie Restroom Buildings and Steel Lake Annex - Barn was included within the approved budget adjustment under the Parks Department, under the following line item, 001-7100-331-576-80-480. In accordance with the approved budget, this item is funded by General Fund. Upon completion of the Roofing Replacement at Saghalie Restroom Buildings and Steel Lake Annex - Barn, future costs will be Zero ($0.00). Background Information: In 2020, we pressure washed the roofs on the Saghalie Restroom Buildings and found the roofs to need replacement before water damage and other structural damage occurs to this facility. These appear to be original to when these buildings were built in 1994. The Roof on the Steel Lake Annex Barn is over 30 years old and most three -tab roofing of that age is 15 to 20 years of life span. We need to replace the roof on this building to protect the much -needed asset for storage of Parks equipment. io Rev. 7/18 41k CITY OF Federal Way BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB # xx-xxx City of Federal Way Parks 33325 8th Avenue South Federal Way, WA 98003 11 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB # xx-xx Bids Accepted Until 02:00 P.M., August 6, 2021 at City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Prepared By: City of Federal Way (Parks) The contract plans and specifications for this Project have been reviewed and approved by: Parks Director/Deputy Parks Director CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-i 12 RFB #XX-XXX CFW RFB VERSION 2020-JUN TABLE OF CONTENTS ADVERTISEMENTFOR BIDS................................................................ INSTRUCTIONS TO BIDDERS & CHECKLISTS ................................... BIDPROPOSAL...................................................................................... BIDBOND................................................................................................ CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION ............ PROPOSAL FOR INCORPORATING RECYCLED MATERIALS.......... PUBLICWORKS CONTRACT................................................................ SAMPLE CONTRACT CHANGE ORDER ............................................... CERTIFICATE OF INSURANCE............................................................. PERFORMANCE AND PAYMENT BOND .............................................. CONTRACTOR'S RETAINAGE OPTION ............................................... PAGE ...........................................................1 ...........................................................4 ...........................................................6 .........................................................10 .........................................................11 .........................................................12 ..........................................13 .........................................................20 .............................22 .........................................................23 .........................................................25 RETAINAGE BOND TO CITY OF FEDERAL WAY................................................................... - 26 CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-ii 13 RFB #XX-XXX CFW RFB VERSION 2020-JUN ADVERTISEMENT FOR BIDS ROOFING REPLACEMENT — Saghalie Chases & Steel Lake Annex Barn SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way will receive sealed bids through August 6, 2021, at 02:00 p.m. at the City Hall Finance Department, Attn: Jennifer Pettie, at 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after said date and time will not be considered. All timely bids will be opened and read publicly aloud in the Hylebos Room, City Hall 33325 8th Avenue South, Federal Way, Washington 98003 at 10:30 a.m. on August 10, 2021. This project shall consist of: 1. INTRODUCTION 1.1. This scope of work requires the Contractor to remove and replace existing roofs on the two Restroom Buildings at Saghalie Park located at 33914 19th Ave SW, Federal Way, WA and on the Steel Lake Annex Barn located at 26745 S 312th St, Federal Way, WA. 1.2 Contractor shall remove and properly dispose of existing roofing and underlayment. 1.3 Contractor shall procure, take delivery of, and install brown standing seam metal roofing. 2 SCOPE OF SERVICES 2.1 New Roofing, Gutters and Downspouts 2.1.1 Base bid shall be for the Contractor to remove existing roofing material, exisiting gutters and downspouts on three roofs referenced above and repair rotted or weak roof decking as needed 2.1.2 Supply and Install high temperature Grace Vicor ice and water shield roofing underlayment 2.1.3 Supply and Install 26 gauge R panel style metal (city to select color) 2.1.4 Supply and Install all trim and flashings as needed to ensure watertight roofing 2.1.5 Supply and Install metal edging 2.1.6 Install roof penetration flashings 2.1.7 Supply and Install new 5" gutters and downspouts 2.1.8 Clean and haul off debris Installation shall include all material, permitting and installation necessary to properly remove and install roofing, gutters and downspouts. 2.2 Equipment Procurement and Delivery 2.2.1 Upon contract award, Contractor will procure agreed upon material as well as all necessary installation materials and supplies. 2.2.2 Contractor must coordinate the delivery and installation with Derreck Presnell, Parks & Facilities Manager. 2.2.3 City of Federal Way shall not accept the delivery on behalf of the contractor. Contractor must be present to accept delivery. Storage on -site shall not be permitted prior to installation. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1 14 RFB #XX-XXX CFW RFB VERSION 2020-JUN 2.3 Roof Removal 2.3.1 Contractor shall neatly remove the existing roofing, underlayment, gutters and downspouts 2.3.2 Removal of existing roofing shall be completed in compliance with applicable federal and state laws. Contractor shall haul away all material to a certified landfill and provide evidence or documentation of proper disposal. 2.4 Installation 2.4.1 All instal►ation work is to be carried out according to this Scope of Work and the technical specifications provided by contractor in final bid submittal 2.5 Final Inspection and Acceptance 2.5.1 Finished installation shall be permitted and inspected by any applicable state, city, township and county inspections as necessary. All are to be arranged and coordinated by Contractor. 2.5.2 Final approval shall be provided by Derreck Presnell upon completion of all punch list items and the City's receipt of permit. 2.6 Scheduling 2.6.1 All work must be completed during normal business hours, Monday -Friday (7a-4p). 2.6.2 On scheduled days of removal/installation, a representative from City of Federal Way shall meet the contractor on site and will remain available via phone throughout the day. 2.6.3 It is expected that the selected Contractor will complete the outlined work within 30 days of signed contract. 2.6.4 Contractor's on -site installation activities must be scheduled at least five (5) business days in advance and coordinated through: Derreck Presnell Parks & Facilities Manager (253) 329-8419 derreck.presnell@cityoffederalway.com 3 COST PROPOSAL Unless otherwise noted by the Contractor, all costs associated with the scope of work outlined are included on Schedule A, taking the following into consideration: 3.1 Quality All materials used for the manufacture or construction of any items to be provided under this Agreement shall be new. Pricing must be for items in new condition representing the latest model of the best quality and highest grade of workmanship. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required documents are executed in full. Regardless of the date of award or Notice to Proceed, the Contractor must complete all work within 30 working days from date of signed contract. BID DOCUMENTS: Plans, Specifications, Addenda, and plan holders list are available on-line through Builders Exchange of Washington at www.bxwa.com. Click on: "Posted Projects," "Public Works," and "City of Federal Way." It is recommended that Bidders "Register" in order to receive automatic e-mail notification of future CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-215 RFB #XX-XXX CFW RFB VERSION 2020-JUN addenda and to place themselves on the "Bidders List." Bidders that do not register will need to periodically check on-line for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 if you require assistance with access or registration. An informational copy of plans, specifications, and addenda are available for viewing only at the City of Federal Way Finance Department. QUESTIONS: Any questions must be directed to Derreck Presneii, by email at derreck.presnell@cityoffederalway.com, or by letter addressed to same. Questions must be received by the City no later than 5:00 p.m. seven business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of bids. PRE -BID MEETING: Two informational meetings will be held on Friday, July 30, 2021, 9:00 a.m. at Saghalie Park, 33914 19th Ave SW, Federal Way, Washington, and 10:30 a.m. at Steel Lake Annex — Barn, 2645 S 312th St, Federal Way, Washington to discuss the project. All prospective bidders are strongly encouraged to attend. OTHER PROVISIONS: All bids and this Project shall be governed by the Contract, as defined by the Washington State Department of Transportation Standard Specifications for Road, Bridge, and Municipal Construction 2021 (Standard Specifications), which is incorporated by this reference as though set forth in full. All bid proposals shall be in accordance with the Contract and all bid proposals shall be accompanied by a bid deposit or bond in the amount required in the Contract. Forfeiture of the proposal bond or deposit to the City shall be in accordance with the Contract. The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to ensure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. DATES OF PUBLICATION: Daily Journal of Commerce Publish July 23, 2021 and July 30, 2021 Federal Way Mirror Publish July 23, 2021 and July 30, 2021 CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroorn Buildings & Steel Lake Annex Barn RFB-316 RFB #XX-XXX CFW RFB VERSION 2020-JUN INSTRUCTIONS TO BIDDERS & CHECKLISTS (1) ADVERTISEMENT FOR BIDS AND CONTRACT DOCUMENTS The Advertisement for Bids and Contract Documents contain bidder instructions that must be complied with. (2) EXAMINATION OF BID AND CONTRACT DOCUMENTS — BIDDER RESPONSIBILITIES The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and Contract Documents, the Project site, the availability of materials and labor, publically available information, and has reviewed and inspected all applicable federal, state, and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. (3) INTERPRETATION OF BID AND CONTRACT DOCUMENTS No oral clarifications, interpretations, or representation will be made to any bidder as to the meaning of the bid or Contract Documents. Bidders shall not rely upon any oral statement or conversation they may have with City's employees, agents, representatives, consultants, or design professionals regarding the Contract Documents, whether at the pre -bid meeting or otherwise and no oral communications will be binding upon the City. Any questions must be directed to Derreck Presnell, by email at derreck.presnell@ cityoffederalway.com, or by letter addressed to same. The questions must be received by the City no later than 5:00 p.m. seven business days preceding the bid opening to allow a written reply to reach all prospective Bidders before the submission of their bids. Any interpretation deemed necessary by the City will be in the form of an Addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such Addenda shall become part of the bid. (4) BID PRICE The bid price shall include everything necessary for the completion of the Contract and the Work including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the Contract Documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. (5) POSTPONEMENT OF BID OPENING The City reserves the right to postpone the date and time for the opening of bids by Addendum at any time prior to the bid opening date and time announced in these documents. (6) REJECTION OF BIDS The City reserves the right to reject any bid for any reason including, but not limited to, the reasons listed in Special Provisions Section 1-02.13. The City further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-41 7 RFB #XX-XXX CFW RFB VERSION 2020-JUN (7) RECYCLED PRODUCTS The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. (8) BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required. Failure to comply may result in rejection of any bid not so complying. ❑ Bid Proposal: The Bid Proposal shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Bond: This form is to be executed by the bidder (and the surety company as appropriate, depending upon the option selected by the bidder). ❑ Contractor Certification — Wage Law Compliance: This form shall be filled in and fully executed by the bidder. ❑ Proposal for Incorporating Recycled Materials: This form shall be filled in and executed by the bidder. (9) CONTRACT CHECKLIST The following documents are to be executed and delivered to the City after the Bid is awarded: ❑ Public Works Contract: The successful bidder will fully execute and deliver to the City the Public Works Contract ("Contract") from these Bid Documents. ❑ Certificate of Insurance: The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Performance/Payment Bond: The successful bidder will provide a fully executed Performance/Payment Bond as appropriate. ❑ Contractor's Retainage Option: The successful bidder will fully execute and deliver to the City the Contractor's Retainage Option. ❑ Contractor's Retainage Bond: If the retainage bond option is chosen, then the successful bidder will fully execute and deliver to the City the Contractor's Retainage Bond. ❑ Business License: The successful bidder will provide a copy of a current Business License with the City of Federal Way. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-518 RFB #XX-XXX CFW RFB VERSION 2020-JUN BID PROPOSAL PROPOSAL SUBMITTED TO: City of Federal Way 33325 8th Ave South Federal Way, Washington 98003-6325 PROPOSAL SUBMITTED BY: Bidder: Full Legal Name of Firm Contact: Individual with Legal Authority to sign Bid and Contract Address: Street Address City, State Zip Phone: E-Mail: Select One of the Following: ❑ Corporation ❑ Partnership. ❑ Individual ❑ Other State Contractor's License No.: State Contractor's License Expiration Date: Month Day Year State UBI No.: State Worker's Comp. Account No.: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-619 RFB #XX-XXX CFW RFB VERSION 2020-JUN NOTE: All entries shall be written in ink or typed. Unit prices for all items, all extensions, and total amount of bid shall be shown. Enter unit prices in numerical figures only, in dollars and cents to two (2) decimal places (including for whole dollar amounts). All figures must be clearly legible. Bids with illegible figures in the unit price column will be regarded as nonresponsive. Where conflict occurs between the unit price and the total amount specified for any item, the unit price shall prevail, and totals shall be corrected to conform thereto. The Bidder shall complete this entire Bid Form or this bid may be considered non -responsive. The City may correct obvious mathematical errors. The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. SCHEDULE A: ROOFING REPLACEMENT - Saghalie Chases & Steep Lake Annex Barn All unit prices shall NOT include applicable sales tax. Sales tax should be applied to the sub total for this bid schedule. Item No. Spec. Div. Bid Item Description Unit Price Amount 1 Parks Saghalie Restroom Building 1 2 Parks Saghalie Chase 2 3 Parks Steel Lake Annex Barn 4 Change- Rotted/Weak Roof Decking Repiacment (price per orders sheet) SUBTOTAL — SCHEDULE A $ SALES TAX (10.1 %) $ TOTAL - SCHEDULE A (including Washington State sales tax, all other $ government taxes, assessments and charges) The documents incorporated by reference, as if fully set forth, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. Pursuant to and in compliance with the Advertisement for Bids for the Project, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents, considered conditions which may affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the referenced bid amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-720 RFB #XX-XXX CFW RFB VERSION 2020-JUN NON -COLLUSION AFFIDAVIT By signing this proposal, the undersigned acknowledges that the person(s), firm, association, or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this project. To report rigging activities, call 1-800-424-9071. The U.S. Department of Transportation (USDOT) operates the toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. CONFLICTS OF INTEREST GRATUITIES & NON-COMPETITIVE PRACTICES By signing this proposal, the undersigned agrees as follows: (1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require; and (2) That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and (3) That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under Chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now or as herein after amended, 8 U.S.C. 1101 et. Seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. Receipt of the following Addendums is hereby acknowledged: Addendum No. Date Issued: Addendum No. Date Issued: Addendum No. Date Issued: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-8 21 RFB #XX-XXX CFW RFB VERSION 2020-JUN The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. By: Signature Printed Name Title Subscribed and sworn to before me this day of , 20_ Signature of Notary Printed name of Notary Notary Public in and for the State of Washington My commission expires: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-922 RFB #XX-XXX CFW RFB VERSION 2020-JUN BID BOND ROOFING REPLACEMENT — Saghalie Chases & Steel Lake Annex Barn OPTION 1: BID BOND DEPOSIT Attached is a deposit in the form of a certified check, cashier's check, or cash in the amount of $ , which amount is not less than five percent (5%) of the total bid. Principal — Signature of Authorized Official Date Title —OR— OPTION 2: BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, as Principal, and as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the sum of five (5) percent of the total amount of the bid proposal for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for the above - mentioned Project according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS DAY OF 120 Principal — Signature of Authorized Official Title Surety — Attorney in Fact (Attach Power of Attorney) Name and Address of Local Office/Agent of Surety Company is: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1023 RFB #XX-XXX CFW RFB VERSION 2020-JUN CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD. I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the Request for Bids. Bidder Name: M Print Full Legal Name of Firm Signature of Authorized Person Title: Title of Person Signing Certificate Date: Print Name of Person Making Certifications for Firm Place: Print City and State Where Signed CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1124 RFB #XX-XXX CFW RFB VERSION 2020-JUN PROPOSAL FOR INCORPORATING RECYCLED MATERIALS a -EMP= APWA-WA Division 1 Committee rev. 1(8f2b1(d Proposal for Incorporating Recycled Materials into the Project In compliance with a new law that went into effect January 1, 2016 (SHB1695). the Bidder shall propose below, the total percent of construction aggregate and concrete materials to be incorporated into the Project that are recycled materials. Calculated percentages must be within the amounts allowed in Section 9-03.21 (1)Er Table on Maximum Allowable Percent (By Weight) of Recycled Material, of the Standard Specifications. Proposed total percentage: percent. Note: Use of recycled materials is highly encouraged within the limits shown above, but does not constitute a Bidder Preference, and will not affect the determination of award. unless two or more lowest responsive Bid totals are exactly equal, in which case proposed recycling percentages wit] be used as a tre-breaker, per the APWA GSP in Section 1.03.1 of the Special Provisions. Regardless. the Bidder's stated proposed percentages will become a goal the Contractor should do its best to accomplish. Bidders will be required to report on recycled materials actually incorporated into the Project, in accordance with the APWA GSP in Section 1-06.6 of the Special Provisions. Bidder: Signature of Authorized Official: Date: CITY OF FEDERAL WAY ROOFING REPLACEMENT- Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1225 RFB #XX-XXX CFW RFB VERSION 2020-JUN PUBLIC WORKS CONTRACT THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of 120 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner"), and a ("Contractor"), for the project known as (the "Project"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the Project; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 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 Project. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance with and as described in 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. 2. TERM 2.1 This Contract shall commence on the effective date of this Contract and continue until the Project is formally accepted as complete by the City Council, Notice of Project Completion is filed with State agencies, and all bonds for the Project are released by the City. 2.2 The Contractor must complete the Work in accordance with the number of Working Days for the Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in the amount set forth in the Contract Documents. The parties acknowledge that delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations. 2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the Engineer in accordance with the Contract Documents. Any request for a time extension or additional compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages, or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to such request. 3. COMPENSATION 3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed and /100 Dollars ($ ), which amount shall constitute full and complete payment by the City ("Total Compensation"). 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. 3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Bid Proposal, which is incorporated herein and made a part hereof by this reference, and as detailed in the Contract Documents. 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 and absolute discretion, which shall be withheld until such CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1326 RFB #XX-XXX CFW RFB VERSION 2020-JUN time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 3.3 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event, occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work. 4. INDEPENDENT CONTRACTOR 4.1 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 not conduct itself as nor claim to be an officer or employee of the City. 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. Nothing contained in this Contract shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers, or consultants. 4.2 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. 5. INDEMNIFICATION 5.1 Contractor Indemnification. 5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees, agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and pay and damages or judgments, related to any claim brought by any person employed in any capacity by the Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages, salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement, vacation, sick leave, etc. 5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs, damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the Work and any injuries to persons or property arising out of the performance of this Contract are caused by or result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees, and anyone for whom they are legally liable. 5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own employees or former employees against any Indemnified Party, and for that purpose Contractor waives any CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1427 RFB #XX-XXX CFW RFB VERSION 2020-JUN 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. Provided, however, the Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor recognizes that this waiver was specifically entered into. 5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract Documents and assumes all risk thereof. 5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any applicable statute of repose with respect to claims, fines, costs or damages brought or made against any Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract. 5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate assurance of the protection of the City's and the other Indemnified Parties interests. 5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5. 6. 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, whether or not required to be furnished to the City, shall become the property of the City, shall be delivered to the City at its request, and may be used by the City without restriction. 7. PATENTS COPYRIGHTS AND RIGHTS IN DATA 7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. 7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated in Sections 6 and 7. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-15?8 RFB #XX-XXX CFW RFB VERSION 2020-JUN 7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. 7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are included in each subcontract for the work on the Project. 8. GENERAL PROVISIONS 8.1 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. In entering into this Contract, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except for those expressly contained in the Contract Documents. 8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. 8.3 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 in accordance with the Contract Documents. 8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue a Change Order at any time making changes within the general scope of the Contract, without invalidating the Contract and without providing notice to sureties. The City's issuance of a unilateral Change Order shall not be construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud. 8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision, any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special, consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or suppliers. 8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties. If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroorn Buildings & Steel Lake Annex Barn RFB-1629 RFB #XX-XXX CFW RFB VERSION 2020-JUN part, on a claim of defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor such guarantee or warranty. This obligation survives termination of this Contract. 8.7 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. 8.8 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. 8.9 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. 8.10 Time Limitation and Venue. For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and (ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim, cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims, action, or dispute. 8.11 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. 8.12 Sole Authority/Discretion/Judgment. Where the Contract Documents provide the City or its Engineer with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered unconditional and absolute. 8.13 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. 8.14 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. 8.15 Project Manager. The Project Manager is the City's representative who directly supervises the engineering and administration of a construction Contract. The Project Manager's authorities, duties, and responsibilities are limited to those specifically identified in the Contract Documents. Designation of an individual or entity as the Porject Manager for the Project is solely to identify the representative of the City as the entity to act as the Project Manager as described in the Contract Documents. Using the term "engineer" does not imply that such entity or person is a licensed professional engineer or an engineering company and does not import CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1730 RFB #XX-XXX CFW RFB VERSION 2020-JUN any additional obligations upon the actions of the Engineer that may govern licensed professional engineers when performing engineering services. The Project Manager for this Project is designated as: Derreck Presnell, Parks & Facilities Manager 8.16 Notices. Any notices required to be given to Contractor or to the Engineer 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. CONTRACTOR: Company Attn: Individual to receive notices Street Address City, State, Zip ENGINEER: City of Federal Way Attn: Derreck Presnell 33325 8th Ave S Federal Way, WA 98003 8.17 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. 8.18 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. 8.19 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. 9. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations; (ii) the payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW 60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities, increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1831 RFB #XX-XXX CFW RFB VERSION 2020-JUN DATED the day and year set forth above. CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney NOTARY OF CONTRACTOR'S SIGNATURE: STATE OF WASHINGTON ) ss. COUNTY OF CONTRACTOR: Signature of Authorized Individual Printed Name of Authorized Individual Street Address City, State, Zip On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-1932 RFB #XX-XXX CFW RFB VERSION 2020-JUN PROJECT NUMBER SAMPLE CONTRACT CHANGE ORDER AGREEMENT NUMBER PROJECT TITLE CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: EFFECTIVE DATE CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased by _Working Day(s) ❑ Decreased by _Working Day(s) 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 MODIFICATIONS TO UNIT PRICES: PREVIOUS REVISED ITEM NO. ITEM QTY UNIT PRICE UNIT PRICE ADD OR DELETE THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO. ITEM (STY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: JINCREASE $ 1 DECREASE $ DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ PREVIOUS CHANGE ORDERS $ THIS CHANGE ORDER $ NEW CONTRACT AMOUNT $ 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 CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2033 RFB #XX-XXX CFw RFB VERSION 2020-JUN construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or deleted pursuant to Change Order except as specifically described in this Change Order. CONTRACTOR'S SIGNATURE DATE PUBLIC WORKS DIRECTOR DATE CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2134 RFB #XX-XXX CFW RFB VERSION 2020-JUN CERTIFICATE OF INSURANCE Contractor's Certificate of Insurance to be inserted here during Contract Execution CITY OF FEDERAL WAY ROOFING REPLACEMENT— Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2235 RFB #XX-XXX CFW RFB VERSION 2020-JUN PERFORMANCE AND PAYMENT BOND ROOFING REPLACEMENT SAGHALIE CHASES & STEEL LAKE ANNEX BARN The City of Federal Way ("City") has awarded to ("Principal"), a contract for the construction of the above referenced project, and said Principal is required to furnish a bond for performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of Washington (RCW) and (where applicable) Chapter 60.28 RCW. The Principal, and ("Surety"), a corporation organized under the laws of the State of and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Federal Way, in the sum of US Dollars ($ ) Total Contract Amount, subject to the provisions herein. This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall: 1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled, this bond shall remain in force and effect; and 2) Pay all persons in accordance with Chapters 39.08, 39.12, and 60.28 RCW including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed, original power of attorney for the office executing on behalf of the surety. PRINCIPAL: SURETY: Principal Signature Date Surety Signature Date Printed Name Title Printed Name Title CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2336 RFB #XX-XXX CFW RFB VERSION 2020-JUN BOND NO.: APPROVED AS TO FORM: LOCAL OFFICE/AGENT OF SURETY: Name Street Address City, State, Zip Telephone J. Ryan Call, City Attorney CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2437 RFB #XX-XXX CFW RFB VERSION 2020-JUN CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: RFB No: Contractor: GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five 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, 1 hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: 0 Option 1: 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. 13 Option 4: Contractor shall submit a "Retainage Bond" on City -provided form included in these Contract Documents. Contractor Signature Date CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2538 RFB #XX-XXX CFW RFB VERSION 2020-JUN RETAINAGE BOND TO CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Chases & Steel Lake Annex Barn 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 above -referenced 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; 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 CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2639 RFB #XX-XXX CFW RFB VERSION 2020-JUN waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation 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: CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroom Buildings & Steel Lake Annex Barn RFB-2740 RFB #XX-XXX CFW RFB VERSION 2020-JUN 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 Principal 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 Surety APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF FEDERAL WAY ROOFING REPLACEMENT — Saghalie Restroorn Buildings & Steel Lake Annex Barn RFB-2841 RFB #XX-XXX CFW RFB VERSION 2020-JUN �,�Jp��Illj 42 COUNCIL MEETING DATE: July 20, 2021 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CELEBRATION SOFTBALL COMPLEX 2022 RFP POLICY QUESTION: Should the City Council authorize staff to solicit proposals (RFP) for the operation of sports leagues annually Monday through Friday at the Celebration Park Softball Complex? COMMITTEE: PRHSPSC MEETING DATE: July 13, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Cody Geddes Recreation Manager DEPT: Parks Attachments: 1. Staff Report 2. Celebration Softball Complex 2022 RFP Options Considered: 1. Approve the proposed Celebration Softball Complex 2022 RFP. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S MAYOR APPROVAL: lnhismD InniaWatr DIRECTOR COMMITTEE RECOMMENDATION: "I move to forward the proposed Celebration Park Softball Complex 2022 RFP to the July 20, 2021 consent agenda jor approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Celebration Softball Complex 2022 RFP. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First rending ❑ TABLBDMEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE# REVISED- I1/2019 RESOLUTION # 43 CITY OF FEDERAL WAY MEMORANDUM DATE: June 23, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Cody Geddes, Recreation Manager SUBJECT: Celebration Softball Complex 2022 RFP Financial Impacts: The revenue to the City for the Celebration Park RFP is estimated to be a minimum of $32,000 and will be credited to the Parks Department — Recreation Budget. The revenue from this RFP will be replacing current revenues from our Adult Softball leagues. This will also save between $18,000-$25,000 in expenditures. We will not be paying for umpires, league supervisor, balls, trophies, and t-shirts that come along with running a league. Contracting this out will also reduce the amount of staff time spent on softball leagues; marketing, phone calls with teams, league organization, hiring staff and umpires, tracking league standings, and ordering supplies. Background Information: The City of Federal Way has a long history or running successful softball leagues. Consistent with the national trend, since 2008 the City has experienced a slow decline in participation in our softball leagues. In 2021, we were only able to run one league night a week and had 12 teams. We did not garner enough interest for Monday Senior League or Sunday COED league. We have been fortunate to have some youth fastpitch and baseball teams rent field space from us at Celebration Park, but we have not been able to recoup the revenue we have lost over the years to the decline in adult softball. The Recreation department would like to put out an RFP for the Celebration Softball Complex. We are hoping to turn it over to an organization that runs competitive youth leagues and adult softball. The goal would be to recoup our revenue, cut expenses and bring in teams from around the area to showcase our park, and bring new families to our community throughout the week. We would not be allowing recreational leagues that compete with our local agencies. These would be regional youth select leagues and adult leagues. Cody Geddes Recreation Manager 44 Rev. 7/18 I II CITY OF FEDERAL WAY REQUEST FOR PROPOSAL PURPOSE OF REQUEST. The City of Federal Way ("City") is requesting proposals for the purpose of providing Adult and Youth Leagues to the citizens in and surrounding Federal Way including three seasons/sessions of Adult recreational softball. The contractor will have the flexibility to schedule adult and youth baseball and softball. One night Tuesday - Thursday must be dedicated to adult softball. All games will be played at the Celebration complex located at 1095 S 324th, WA 98003. The City's needs are outlined in the following Request for Proposal ("RFP") TIME SCHEDULE. The City will follow the following timetable: Issue RFP Deadline for Submittal of Proposals Preliminary Selection of Firm Notify Firm Chosen INSTRUCTIONS TO PROPOSERS. A. All proposals should be sent to: City Hall Attn: Jennifer Pettie, Finance Department 33325 8th Ave S Federal Way, WA 98003-6325 Jennifer.pettie@cityoffederalway.com July 23, 2021 August 20, 2021 August 23, 2021 August 24, 2021 B. If submitted on paper, all proposals must be in a sealed envelope and clearly labeled in the lower left-hand corner. If submitted by email, all proposals must be clearly labeled in the subject line. The label shall identify the contents as "RFP Celebration Softball Complex." C. All proposals must be received by the Deadline for Submittal of Proposals detailed in II. Time Schedule, at which time they will be opened. Three (3) copies of the proposal must be presented. Faxed or telephone proposals will not be accepted. D. Proposals should be prepared simply and economically, providing a straight forward, concise description of provider capabilities to satisfy the requirements of the request. Special bindings, colored displays, promotional materials, etc. are not - 1- Rev. 10/19 45 desired. Emphasis should be on completeness and clarity of content. Use of recycled paper for requests and any printed or photocopied material created pursuant to a contract with the City is desirable whenever practicable. Use of both sides of paper sheets for any submittals to the City is desirable whenever practicable. E. Cody Geddes, Recreation Manager or representative will notify the firm selected by the date stated in II. Time Schedule. F. All proposals must include the following information: • The names of individuals from those firms who will be working on the project and their areas of responsibility • Specific experience of individuals relative to the proposed project. • Completed Attachment A • One year of prior experience running and managing all aspects of an Adult or Youth League. o Include references for verification — Name, E-Mail Address, and Phone Number. • A proposed comprehensive league structure and format to include: o Season Length o Game Count per session o Number of fields needed March -October o Estimated participation(Team Count) o Session Dates ■ Days ■ Times • A proposed outline of leagues financials o Fee structure o Cost per team o Cost per participant • Marketing plan/outreach • Umpire/Officials plan • Data Sharing plan between contractor and agency o Team information and contact lists. (will only be used in the event of a weather or other possible cancellation - 2- Rev. 10/19 IV. SELECTION CRITERIA. Factor Weight Given 1. Responsiveness of the written proposal to the purpose and scope of service. 35% 2. Compensation to City 30% 3. Ability and history of successfully completing contracts of this type, meeting projected deadlines and experience in similar work. 35% Total Criteria Weight 100% Each proposal will be independently evaluated on factors one through four. V. TERMS AND CONDITIONS. A. The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal. B. The City reserves the right to request clarification of information submitted, and to request additional information from any proposer. C. The City reserves the right to award any contract to the next most qualified contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the proposal. D. Any proposal may be withdrawn up until the date and time set above for opening of the proposals. Any proposal not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City, the services described in the attached specifications, or until one or more of the proposals have been approved by the City administration, whichever occurs first. E. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or approved by the City, and shall reflect the specifications in this RFP. A copy of the contract is available for review and shall include requirements to comply with ADA, Civil Rights Act, and EEO requirements. The City reserves the right to reject any proposed agreement or contract that does not conform to the - 3- Rev. 10/19 47 specifications contained in this RFP, and which is not approved by the City Attorney's office. F. The City, as a recipient of federal funding, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -Assisted Programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. G. The City shall not be responsible for any costs incurred by the firm in preparing, submitting or presenting its response to the RFP. VI. SCOPE OF SERVICES. BACKGROUND: • The population in the City of Federal Way service area is estimated to be approximately 100,000. • We currently have a strong little league program within the City of Federal Way and have no desire to compete with recreational youth baseball or softball programs. • From the opening of Celebration Park until 2008, adult softball leagues were full with 16 teams per night Monday -Thursday. We have seen a slow decline in those numbers over the last 12 years. In 2019 we had a total of 39 teams across all leagues. • Current League fees are $800 plus tax for a seven -week double header league, plus playoffs for the top four teams. We run two seasons. • Adult Softball seasons typically run in two sessions, March 1 — July 4 and July 5 — October 31. CITY OF FEDERAL WAY Will Do or Provide the Following: • Schedule facilities for Contractors leagues. • Schedule/offer Contractor with access to four softball fields at Celebration Complex between 4pm-IIpm on Monday -Friday, beginning the second week of March and ending the third Friday in October. A total number of 960 hours will be included in annual contract amount. If additional field time is needed, usage can be negotiated at a rate of $15 per hour per field. • Allow Contractor to use and access City of Federal Way Team Sideline Scheduling Software by creating an administration account for Contractor • Have a detailed description of agreed upon Contractor leagues on City of Federal Way sports page/adult sports page along with hyperlink on City of Federal Way website that connects an individual to Contractor registration page. • Provide Contractor 48 hours' notice of cancellation or schedule changes (weather - 4- Rev. 10/19 all permitting). • Provide a facility for all participants, including, at each game: o Playing surface will be groomed and maintained at current City of Federal Way standards for all leagues o Ensure that First Aid kits are available and stocked with proper medical supplies as required by WAC Guidelines (posted in each kit). • City of Federal Way will communicate with City of Federal Way staff and fields crews for all field needs and use. RESPONSIBILITES OF THE CONTRACTOR: • Collect all registrations and liability forms necessary to meet Contractor and City of Federal Way requirements; provide forms to City of Federal Way when requested. o A -Registration Form o B - Liability Form o All Forms must be kept for a minimum of 7 years. Forms may be kept on City of Federal Way site if needed. • Schedule, facilitate and operate at least one City of Federal Way Adult Softball program Tuesday -Thursday. (Preferred Thursday as current league is on Thursday) • Schedule, facilitate, and operate select youth baseball or softball leagues. • Contractor will provide onsite staff/game facilitator during all games. • Provide City of Federal Way with evidence that Contractor has the required liability insurance naming City of Federal Way as an additional insured with limits no less than $ 1 million for each occurrence and $2 million aggregate on an "as occur" basis • Provide City of Federal Way with a list of the names of all current players in the Contractor's leagues operated on City of Federal Way facilities. • Provide City of Federal Way 48 hours' notice of cancellation or schedule changes (weather permitting). • Contact City of Federal Way designated point of contact within 2 hours in the event of any incident, accident or injury. Continue efforts to make contact until contact is made. • Scheduling of fields must be received by each Thursday before the following week. • May use Team Sideline for all game scheduling. If an alternative scheduling platform is used, Contractor must allow City of Federal Way to have viewing access. • Provide staff who possess current CPR and First Aid certification at all games. • Provide umpires for all games held within the league. • Administer and measure customer satisfaction of league and staff. • Assessment of all programs, participants, contractor and staff will occur at the conclusion of each session. • Contractor will provide and pay for all advertisement and promotional materials for all Contractor's leagues. • Ensure all participants abide by City of Federal Way code of conduct and participant/spectator rules. • Contractor will produce a summary report at the end of the season, which will include attendance, games, number of people served, as well as survey results, as well as success and opportunities for improvement (if applicable). - 5- Rev. 10/19 49 TERM OF AGREEMENT: • 24 months, with option to renew for one term of 24 months, pending potential for re- negotiation and mutual acceptance of terms. Evaluation will be made at the end of each season to assess completion of deliverables; see attached criteria for success. MEASURABLE OBJECTIVES: Surveys will be conducted at the end of each season to measure program objectives, with a target goal of 78% or greater responding "agree" or "strongly agree" to the following statements • The overall program delivery provided a satisfactory experience. • I had fun while being part of this league. • Staff provided a welcoming and helpful environment for all participants entering the facilities. • Umpires wcrc knowlcdgcablc/experienced and created a safe and fun environment. • The value I received from the experience was aligned with the price point. • Staff treated participants with respect and administered rules fairly. • Expectations of rules for league play were explained or given prior to the beginning of the season. • Teams were placed within appropriate division based on skill level. • Marketing efforts were tailored to meet my needs and the registration process was clear and easy. • I would recommend playing in this league to my friends or neighbors. • I would register again for this league. VII. COMPENSATION. A. Please present detailed information of your proposed fee schedule for the specifications outlined in this RFP and for any variation for non -routine services, inclusive of Washington state sales tax and any other applicable governmental charges. Please provide specifics as to the total compensation expected to be returned to the City for each season. The City expects a minimum return of $32,000/year. B. Installment payments shall be made to the City on a bi-monthly basis. VIII. PUBLICATION. Name of Publication: GAlawforms\RequestforProposals Rev. 10/19 M Dates: Rev. 10/19 50 ATTACHMENT A Proposal Questionnaire Celebration Park Athletic Facility — SOFTBALL COMPLEX 1095 South 324th, Federal Way, Washington 1. Proposed Season rent to be paid to the City (minimum $32,000) 2. Is provider able to provide insurance with a minimum $1,000,000 Aggregate and $2,000,000 per incident insurance? YES / NO 3. Is provider able to name City of Federal Way as additionally insured? YES / NO 4. How many years of experience does provider have running and managing all aspects of an adult or youthleague? 5. Complete table below, additional details should be attached on a separate sheet of paper Request Season Length Game Count Per Session Number of fields needed March -October Estimated Participation (Team Count) Season Dates (Days/Times) Fee Structure Cost Per Team Cost Per Participant 6. If there are any additional details to be provided as part of this RFP, please include on separate sheet of paper Signature of bidder/date Printed name of bidder and organization - 7- Rev. 10/19 51