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HomeMy WebLinkAboutContractApr 13 2023 11:43AM HP LASERJET FAX 425-822-6227 SMA. PU UC WORKS CONTRACT AGREEMENT LI ERTY PARK TENNIS COURTS i RES RFACING AND COURT REPAIRS I THIS AGREEMENT ( ; greem nt'') is made as of the 19th day of April, 2023, (the "Effective Date") by and betw ' n t of Renton, a non-ch arter code city under RCW 35A, and a Washin tion ("City''), and Mid Pac Construction, Inc .• ("Contractor"), a Washin are collectively referred to as the "Parties", to Liberty Park Tennis ::::C�ou=.:rts:..:=..����•==:.,a.:.R:::::e�a:.:.irs::, 1101 Bronson Way North, Renton, WA 98057. City and Contra elow. 1. 2. 3. 4. s. 6. =��'-=-'MIi=: Co ractor will provide all material and labor necessary to perform all . in th Scope of Work which is attached and fully incorporated into this ' refere e as Attachment "A." .:C:.::h ::.:.:c:.=.:.:.:.Zfl!R��---::or=-=k: City, with out Invalidating this Agreement, may order changes to onsisting of add itions, deletions or modifications, the Agreement Sum beln cordingly by Parties m utual agreement. Such changes in the work shall be a ritten Change Order or Amendment signe d by the Parties. -=-Ti�m:.:.::e::..:o::.:f..:.P..:=..:-MtF--=-='illContractor shall commence performance of the Agreement no later than 30 c fter the Agreement's Effective Date. e Term of this Agreement shall end at completion of the Scope of lxty (60) days from the Effective Date. This Agreement may be change orders, if required, upon mutual written agreement of City total amount of this Agreement is the sum of ($51,444.23) which inclu des Wa ngton ate Sales Tax. This amount may be adjusted to a mutually agreed amount base: on cha ges to the Scope of Work . ............................... _ In exc ange for Contractor's performance of the items and responsibilities Scop of Wo rk, City agrees to make payment of the amount identified as the Agree me Sum. p.2 CAG-23-140 Apr 13 2023 11:43AM HP LASERJET FAX 425-822-6227 7.�==.i:a..:=-All��=F=-=-=--=-=�:.::e.:.:.nt.:.r...:R..:.:e,:,.:t.:::ai:.:.:n::a.11:.1�=�= Payment by the City for the A. Work has been performed and a voucher or invoice is to the City. . t comply with the State of Washington prevailing wage requi ; ments Contractor must file an Intent To Pay Prevailing Wage at the ' ng of t e project and an Affidavit of Wages Paid at the end of the project . e Was ngton State Department of Labor and Industries. ·te of shington prevailing wage rates applicable for this project, which ls County, may be found at the following website address of the Labor and Industries: C 296-127-011, the applic able effective date for prevailing wage he duration of this contract shall be the date the contract Is lected in the "Effective Date" Identified at the top of the first page nt. the City will provide a copy of the applicable prevailing wages for ernatively, the rates may be viewed at the City of Renton City Hall ppolntment with the contact person Identified herein or prior to with the contact person Identified as the City of Renton contact In otlces of this agreement. B.Reta · e he It or In Escrow Ace nt: Purs '. nt to R W Chapter 60.28, a sum equal to five percent (5%) of the monies earn : by th ontractor will be retained from payments made by the City to the Cont '. ctor u er this Contract. This retainage shall be used as a trust fund for the prot · payment (1) to the State with respect to taxes imposed pursuant to R and (2) the claims of any person arising under the Contract. I. d under the provisions of RCW Chapter 60.28 shall be: t pick one -if contractor does not pick one then the first option in a fund by the City) applies. sited by the City in an escrow (interest-bearing) account in a bank, bank, or savings and loan association (interest on monies so PAGE20F11 p.3 Hpr 13 2023 11:43AM HP LASERJET FAX 425-822-6227 C. D. op res ch am or e paid to the Contractor). Deposits are to be in the name of the to be allowed to be withd rawn without the City's written he City will issue a check representing the sum of the monies le to the bank or trust company. Such check shall be converted securities chosen by the Contractor as the interest accrues. time the Contract is executed, the Contractor shall designate the The Contractor in choosing option (2) agrees to assume full pay all costs that may accrue from escrow services, brokerage , and further agrees to assume all risks in connection with the he retained percentages in securities. so, at its option, accept a bon d in lieu of retainage. 60.28 and 39.08 The City requires a 5 % Retalnage be withheld nt ractor will provide a Performance and Payment (Contract) Bond roved form upon execution of the Agreement. Payment of the initial de in the ne,ct pay cycle of the Renton Finance Department after voucher or Invoice (pay cycles are bi-weekly). The remaining 5% d for the purpose of completion of the project and fulfillment of W 60.28 and 39.08 the City requires a 5 % Retainage be withheld ntractor wlll provide either a Performance and Payment (Contract) ity ap proved form upon execution of the Agree ment or wai ve the nt and erformance bond and Instead the City will retain 10%. Payment of will be made In the next pay cycle of the Renton Fina nee Department f such voucher or invoice (pay cycles are bl-weekly). The remaining lned for the purpose of completion of the project and ful fillment of ns. (Unless the Contractor waives the payment and performance d opts for a 10% retalnage below.) st pick one -if contractor does not pick one then the first option with contract bond) applies: ovide a payment and performance bond (contract bond) In the of the estimate Including taxes with a 5% retalnage. PAGE30F1l p.4 Apr 13 2023 11:43AM HP LASERJET FAX 425-822-6227 8. ive a payment and per formance bond (contract bond) and Instead In the remaining 10% will be retained for the purpose of he project and fulfillment of claims and liens. E.For II · ted P lie Works Contracts under $50,000. For Ii ; ted pu lie works projects, the City may choose to waive the payment and perfi : ance nd requirements of chapter 39.08 RCW and the retainage requl : ments f chapter 60.28 RCW, for laborers, mechanics, subcontractors, mate: I pers s, suppliers, and taxes imposed under Title 82 RCW that may be due f i m the ntractor for the limited public works project, however The City shall · ve the ight of recovery against the contractor for any payments made on F. G. H. H o s, a losses o , attorney leg Including volunteers, s behalf. the right to withhold payment to Contractor for any work not satisfactory manner until such time as Contractor modifies such e same is satisfactory. e.Final Accep tance of the Project occurs when the Public Works termined that the Project Is one hundred percent (100%) complete onstructed in accordance with the Plans and Specifications. Event of Termination. In the event this Contract is terminated by , the Contractor shall not be entitled to rece Ive any further amounts s Contract until the work specified in the Scope of Work is mpleted, as scheduled, up to the date of termination. At such time, alance of the amount to be pa id under the Contract exceeds the ed by the City In finishing the work, and al l damages sustained by ch may be sus tained by the City or which may be sustained by the refusal, neglect, failure or discontinuance of Contractor performing excess shall be paid by the City to the Contractor. If the City's mages exceed the unpaid balance, Contractor and his surety shall everally liable therefore to the City and shall pay such difference to expense and damages shall include all reasonable legal expenses red by the City to protect the rights and interests of the City under ractor shall indemnify, defend and hold harmless City, its elected ts, employees and volunteers, from and against any and all clai ms, ny portion of the same, includlng but not limited to reasonable xpenses and litigation costs, arising from injury or death to persons, ness, disease or death of Contractor's own employees, agents and e to property caused by Contractor's negligent act or omission, PAGE4 Ofll p.5 Apr 13 2023 11:44AM HP LASERJET FAX 425-822-6227 9. except for t , e acts aused by or resulting from a negligent act or omission by City and its officers, a ployees and volunteers. Should a co of co 4.24.115, (V ' dlty o construction lterati estate ... ) th : in the or damages I prop contractor a · City, shall be onl the e It is further clflcal Agreement , stitut RCW Title 5 solely negotiated . d agr expiration o [ ermin etent jurisdiction determine that this agreement is subject to RCW greement to indemnify against liability for negligence relative to n, improvement, etc., of structure or Improvement attached to real vent of liability for damages arising out of bodily injury to persons y caused by or resulting from the concurrent negligence of the officers, officials, employees and volunteers, Contractor's liability ent of Contractor's negligence. and expressly understood that the indemnification provided In this Contractor's waiver of immunity under the Industrial Insurance Act, r the purposes of this Indemnification. The Parties have mutually d to this waiver. The provisions of this section shall survive the ion of this Agreement. shall secure and maintain: A.rclal neral liability insurance In the minimum amounts of $1,000,000 for B. C.Wor the D.It is reed will ity's i E. ent. F.Con two G. 1. e/$2,000,000 aggregate for the Term of this Agreement. bility insurance, in the minimum amount of $1,000,000 for each all also be secured for any professional services being provided to eluded in the commercial general liability insurance. ensatlon coverage, as required by the Industrial Insurance laws of shington, shall also be secured. at on Contractor's commercial general liability policy, the City of named as an Additional Insured on a non-contributory primary urance policies shall not be a source for payment of any Contractor s review and acceptance, a certificate of insurance showing the ments, shall be delivered to City before executing the work of this II provide City with written notice of any policy cancellation, within s days of their receipt of such notice. ranee if marked as "Required" by Oty: uired. Builders Risk Insurance covering Interests af the City, the tor, Subcontractors, and Sub-contractors in the work. Builders Risk e PAGE50F11 p.S Apr 13 2023 11:44AM HP LASERJET FAX 425-822-6227 2. lnsura perils flood, Builde for ea Highe City u City. respo maint □Re cause Cont e shall be on a special perils policy form and shall Insure against the fire and extended coverage and physical loss or damage including arthquake, theft, vand alism, malicious mischief, and collapse. The Risk Insurance shall include coverage for temporary buildings, emoval and damage to materials in transit or stored off-site. This Risk insurance covering the work will have a deductible of $5,000 occurrence, which will be the responsibility of the Contractor. eductlbles for flood and earthquake perils may be accepted by the n written request by the Contractor and written acceptance by the ny Increased deductibles accepted by the City will remain the lbillty of the Contractor. The Builders Risk insurance shall be ned until final acceptance of the work by the City. uired. Contractors pollution Llabillty Insurance covering losses by pollution conditions that arise from the operations of the or. Contractors Pollution Liability insurance shall be written In an of at least $1,000,000 per loss, with an annual aggregate of at least 000.Contractors Pollution Liabi lity shall cover bodily Injury, damage, cleanup costs and defense including costs and expenses in the investigation, defense, or settle ment of dalms. ontractors Pollution Liability insurance Is written on a claims-made he Contractor warrants that any retroactive date applicable to cove e under the policy precedes the effective date of this contract; and that ntinuous coverage will be maintained, or an extended discovery ill be exercised for a period of three (3) years beginning from the at work under the contract Is completed. shall be named by endorsement as an additional insured on the tors Pollution Liability insurance policy. ope of services as defined in this contract includes the disposal of ardous materials from the job site, the Contractor must furnish to evidence of Pollution Llabillty Insurance maintained by the c;lisposal rater for losses arising from the insured facility accepting waste his contract. Coverage certified to the Public Entity under this ph must be maintained in minimum amounts of $1,000,000 per loss, annual aggregate of at least $1,000,000. Pollut n Liability coverage at least as broad as that provided under ISO Pollut n Liability-Broadened Coverage for Covered Autos Endorsement CA e PAGE60F11 p.7 Apr 13 2023 11:44AM HP LASERJET FAX 425-822-6227 10. 11. all be provided and the Motor Carrier Act Endorsement (MCS 90) attached. ::.i===�1F-=-�:.:.:i11i,:,:it::e::.:.d: Except to the extent permitted by a bona fide occupational A. B. C. D. actor agrees as follows: Contractor's agents, employees, representatives, and volunte ers the Work performed or to be performed under this Agreement, inate on the basis of race, color, sex, religion1 nationality, creed, sexual orientation or preference, age (except minimum age and visions), honorably discharged veteran or military status, or the y sensory, mental or phy$1cal handicap, unless based upon a bona nal qualification In relationship to hiring and employment, In application fo r employment, the administration of the delivery of her benefits under this Agreement, or procurement of materials or will take affirmative action to ensure that applicants are employed yees are treated during employment without regard ta their race, ational origin, sex, age, sexual orientation, physical, sensory or ps, or marital status. Such action shall include, but not be limited g employment, upgrading, demotion or transfer, recruitment or vertising, layoff or termination, rates of pay or other forms of and selection for training. ails to comply with any of tnis Agreement's non-discrimination shall have the right, at its option, to cancel the Agreement in whole sponsible to be aware of and in compliance with all federal, state and regulations that may affect the satisfactory completion of the includes but Is not limited to fair labor laws and worker's !.!ln�d������=-Fo=r: Contractor's employees, while engaged in the performance of any ork under this Agreement, shall be considered employees of the Contract ployees, agents, representatives of City and as a result, shall not be entitled t ge or benefits from the City of Renton. Contractor's relation to City shall be a an independent contractor. Any and all Workman's Compensation Contractor employees, and any and all claims made by a third-party ny negligent act or omission on the part of Contractor's employees, PAGE? OFll p.8 Apr 13 2023 11:45AM HP LASERJET FAX 425-822-6227 12. 13. 14. 15. provided to be rendered under this Agreement, shall be the solely and responsibility. =�:.i...:.=�f!--==:.:.it:==-==== The Consultant shall obtain a City of Renton Business ork and maintain the business license in good standing reement with the City. ulring a city business license can be found at: ems One.as rtalld=7922741& 24882 e business licensing requirements can be found at: usiness re business .:.:R:;ec""'o...,r.::.d -=-K=�=--==�=�•-=n,..: Contractor shall maintain accounts and records, which properly irect and indirect costs expended and Work provided In the performa reement. The Contractor agrees to provide access to and copies of any recor this Agreement as required by the City to audit expenditures and charges a ply with the Washington State Public Records Act (Chapter 42.56 RCW) .:..:.=a.:.:.=;;:,.::ai�=.:.w::.:ia:.:.n:.:::.c=e. To the full extent the City determines necessary to comply tate Public Records Act, Contractor shall make a due diligent search of all reco esslon, including, but not limited to, e-mail, correspondence, notes, saved tel ages, recordings, photos, or drawings and provide them to the City for produ event Contractor believes said records need to be protected from disclosure ontractor's own expense, seek Judicial protection. Contractor shall indemni d hold harmless the City for all costs, including attorneys' fees, attendant or litigation related to a Public Records Act request for which A. Notice: given by maybe United S slve records and for which Contractor has withheld records or therein, or not provided them to the City in a timely manner. ce for distribution any and all records respons ive to the Public a timely manner, unless those records are protected by court order. and Notices. Each Individual executing this Agreement on behalf ntractor represents and warrants that such individuals are duly xecute and deliver this Agreement on behalf of City or Contractor. ervice of Process in a legal proceeding, any notices required to be s shall be delivered at the addresses set forth below. Any notices lvered ersonally to the addressee of the notice or may be deposited in the es ma , postage prepaid, to the address set forth below. Any notice so e PAGE80F11 p.9 Hpr 13 2023 11:45AM HP LASERJET FAX 425-822-6227 as sent Cl B. c. D. E. F. G. I. ' d States mail shall be deemed received three (3) calendar days after •Email notice will be deemed received the date of the email so long 00 noon on a business day, If after 12:00 Noon It will be deemed business day - a copy of email notice must be mailed as set forth ent shall be administered by and any notices should be sent to the uals or their designees. FREN ON Capital Projects Manager adyWay 8057 30-6571 CONTRACTOR Don Gerstmar Mid Pac Construction, Inc. 10610 NE 46th Street Kirkland, WA 98033 midpactenn is@m id pactennis.net (425)822-1002 nd Modification. This Ag reement may be amended only by an rlting, duly executed by both Parties. d Subcontract. Contractor shall not assign or subcontract any Agreement without the City of Renton's prior express written h Laws. Contractor and all of the Contractor's employees shall ark In accordance with all appli cable federal, state, county and city ordinances. A copy of this language must be made a part of any bcontractor agreement. e event of any inconsistencies between contractor proposals and e terms of this contract shall prevail. . This Agreement shall be made in and shall be governed by and ccordance with the laws of the State of Washington. Effort. This Agreement shall be considered for all purposes as joint efforts of the Pa rtles and shall not be construed against one PAGE90F1l p.10 Hpr 13 2023 11:45AM HP LASERJET FAX 425-822-6227 H. ,. J. K. L. othe of th brea IN WITNE Armando P 1055 South Renton,W her as a result of the preparation, substitut ion, submission or other latlon, drafting or execution. d Venue. Any lawsuit or legal action brought by any party to enforce s Agreement or any of its terms or covenants shall be brought in the perior Court for the State of Washington at the Maleng Regional In Kent, King County, Washington, or Its replacement or successor. eby expressly consents to the personal and exclusive jurisdiction uch court even If Contractor is a foreign corporation not registered of Washington. court of competent ju rlsdiction's determination that any provision Agreement is illegal or unenforceable shall not cancel or invalidate of this Agreement, which shall remain in full force and effect. Agreement. This Agreement contains the entire agreement of the and a y representations or understandings, whether oral or written, not rated re excluded. neflclarles. Nothing In this Agreement is intended to, nor shall be ve any rights or benefits in the Agreement to anyone other than the duties and respons ibilities undertaken pu rsuant to this Agreement ole and exclusive benefit of the Parties and no one else. aivers shall be in writing and signed by the waiving party. Either o enforce any provision of this Agreement shall not be a waiver and nt either City or Contractor from enforcing that provision or any of this Agreement in the future. Waiver of breach of any provision ent shall not be deemed to be a waiver of any prior or subsequent t Is expressly waived in writing. HERE F, the Parties have voluntarily entered into this Agreement as of yor y PAGE100F11 CONTRACTOR Don Gerstm Mi d Pac Cons ruction, Inc. ��-t p.11 Apr 13 2023 11:46AM HP LASERJET FAX Date Attest Jason A. Sel CitvClerk Approved cl ◄ to Leg, Form Shane Mol<� ey Renton Cit) �ttorne Small works Can�! ct 3-16-, 'I Date Attachment A PAGE 110F11 425-822-6227 p.12 (approved by Cheryl Beyer via email on 4/14/2023) 04/19/2023 Apr 07 2023 1:40AM HP LASERJET FAX 425-822-6227 This form must be submitted with the Bid Propo al. Certifica on o Compliance with Wage Payment Sta utes p.1 The bidder ereby solicitation d te, the of chapters .46, 4 assessment I sued b by a court of: mited rtifies that, within the three-year period imme ately preceding the bid ldder is not a "willful" vlolator, as defined in RCW 4 .48.082, of any provision 8, or 49.52 RCW, as determined by a final and binding citation and notice of the Department of Labor and Industries or through a civil judgment entered r general jurisdiction. I certify und: penal true and cor ct. of perjury under the laws of the State of Washington that the foregoing is Check One: · 1 Sole Propriet ship □Partnership □Joint Venture □Corporation � State of lnco oratio or if not a corporation, State where business entity was formed: ""'lfoo--t,r If a co-partne hip, gl firm name under which business Is transacted: UC □ "'If a corporation, roposal ust be executed In the corporate name by the president or vice-president (or any other corporottt officer accompan d by e11I nee of authc,rlty to sign). ff a co-partnership, proposal m11st be executed by a partner. Template updat: 2-12-19 ... _ .. ___.. Mid Pac Construction Inc. Construction Contract With: Alan For City of Renton Project Resurface three courts at Liberty Park Subcontractor: None Location: Renton Specifications and Conditions: Mid Pac will supply all labor and materials for the resurfacing To include: Pressure washing, patching cracks and damaged court areas, acrylic resurfacer, two coats of Novafil color, one coat of Nova Combo color and painting of lines $36,600.00 Additional- not included in base bid the courts need approx. 250’ -discounted $5125.00 We would highly recommend it. Additional Equipment and installation 1) 2 sets of pickle ball posts, sleeves, and nets – Two sets Edwards 3” green round $950.00- Edwards pickle ball nets two nets $450.00 2) Installation of net posts sleeves $3,600.00. Dirt and rock from post hole digging left on Site Renton Park to haul away This Offer Must Be Accepted Within 30 Days Owner shall pay Mid Pac Construction, for the performance of its work hundred dollars. If payment is not made to Mid Pac within 10 Calendar days from the date of invoice, interest shall accrue at the rate of 1% per month from date of invoice on unpaid balances. MID PAC CONSTRUCTION INC. Signed__________Don Gerstmar_________ Signed______________________________ Date 4/1/2023 Date________________________________ NOTE: GENERAL CONDITIONS ON REVERSE SIDE General Conditions 1 Mid Pac will furnish all labor and materials in accordance with the applicable plans and specifications furnished by the owners . 2 Mid Pac shall not be liable or accountable for any loss or damage that shall or may happen to other parties works, or any part or parts thereof, respectively, or anything used and employed in furnishing and completing the same, except for loss or damage caused by Mid Pac or its employees. 3.Owners shall indemnify and hold Mid Pac harmless against any liability for cost damages and expenses (including reasonable attorneys’ fees) growing out of or arising from or surrendered by other parties in connection with the project on account of any claims made against Mid Pac for losses, costs, damages and expenses, caused by parties other than Mid Pac and its employees. 4.Owner will thoroughly and promptly inform Mid Pac of any changes of conditions or scheduling that may affect its work in any manner. 5.The contract price is subject to change if there is a change in price or any materials included in this contract. 6. The contract price does not include Washington, Oregon, or Hawaii Sales Tax. 7.All labor and materials are guaranteed for one year from date of completion. 8.Mid Pac cannot guarantee structural crack repairs. 9. All necessary permits to be provided by owners. 10.Mid Pac does not assume responsibilities for subgrade, landscaping, or other related work, unless it is provided by Mid Pac or its sub contactors. 11. Mid Pac does not require our employees to be vaccinated. Our contacts are voided if any project requires them. Mid Pac Construction Inc. Project for references for Renton Parks 1)Bellevue parks – multi-locations 2)University of Washington 3)Bellevue Athletic Club 4)Seattle Tennis Club 5)Tacoma Lawn Tennis Club Lead foreman David Woodhouse Jay Contratto Paul Thielges Liberty Park Tennis Court Resurfacing Project Tennis Court Resurfacing Request for Proposal March 29, 2023 LIBERTY PARK TENNIS COURT RESURFACING AND COURT REPAIRS REQUEST FOR PROPOSAL CITY OF RENTON PARKS AND RECREATION DEPARTMENT PARKS PLANNING & NATURAL RESOURCES DIVISION 1055 SOUTH GRADY WAY RENTON, WASHINGTON 98057 March 29, 2023 Liberty Park Tennis Court Resurfacing Project Tennis Court Resurfacing Request for Proposal March 29, 2023 LIBERTY PARK TENNIS COURT COURT RESURFACING AND COURT REPAIRS TABLE OF CONTENTS TITLE Table of Contents Request for Proposal Appendix A: Sample Small Works Agreement Appendix B: Certificate of Insurance Guidelines Appendix C. Certification of Compliance with Wage Prevailing Rates Appendix D. Contract Bond Template Liberty Park Tennis Court Resurfacing Project Tennis Court Resurfacing Request for Proposal March 29, 2023 REQUEST FOR PROPOSAL LIBERTY PARK TENNIS COURTS RESURFACING AND COURT REPAIRS I.PURPOSE OF REQUEST The City of Renton (“City”) is requesting proposals from qualified firms for the purpose of conducting repairs of surface cracks, and resurfacing of tennis courts, installation of posts for Pickleball Courts, and striping of courts for tennis courts and pickleball courts at Liberty Park, located at 1101 Bronson Way North, Renton, WA 98057. The City’s requirements are outlined in the following Request for Proposal (“RFP”). The Work shall be performed under the City of Renton Small Works Contract Agreement (sample attached). II.TIME SCHEDULE The following timetable will be used: Issue RFP March 29, 2023 Deadline for Submittal of Proposal April 5, 2023, 2:00 PM Notice to Proceed (expected)April 17, 2023 Substantial Completion April 21, 2023 Final Completion 30 calendar days from Substantial Completion III.INSTRUCTIONS TO PROPOSERS All proposals shall be sent to: Alan J. Wyatt, RLA, ASLA, LEED-AP Capital Projects Manager Email: awyatt@rentonwa.gov Proposals are due by 2:00 PM on April 5, 2023, submitted by email (awyatt@rentonwa.gov): A.Provide a proposal including unit cost and projected budget: 1.Description of Scope of Work for Resurfacing Services B.Electronic copy submittal: Email awyatt@rentonwa.gov an electronic copy of the proposal and attachments. Liberty Park Tennis Court Resurfacing Project Tennis Court Resurfacing Request for Proposal March 29, 2023 C.Note that any questions must be received by 2:00 PM on April 3, 2023, via email, (awyatt@rentonwa.gov). IV.CONTRACTOR QUALIFICATIONS A.Contractor to provide a list of 5 tennis court projects within the past 3 years of equitable size and scope as this project, Tennis Court resurfacing projects with dates and locations, and qualification of personnel conducting the Work, including Superintendent. 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's fair practices and non-discrimination policies apply to this project. C.A Notice to Proceed shall be given after the Risk Manager approves the insurance, and the Contract is approved and signed by the Mayor. D.Upon Notification of Intent to Award Contract, the following documents must be submitted prior to commencement of the Work and no later than 5 calendar days after receipt of Notification of Intent to Award Contract: 1.Small Works Contract Agreement (sample below) 2.City of Renton Business License 3.Certificate of Liability Insurance naming the City of Renton as additional insured PROPOSAL SCOPE OF WORK The Tennis Court Resurfacing and associated scope of work required under this contract shall be fully completed within Project Schedule and Time of Completion, as provided in the Agreement. A.Tennis Court Resurfacing are to be conducted in conformance with the following Project Work Requirements and attached Drawings of the Request for Small Works Roster Bid of the project and per the City of Renton requirements, dated March 28, 2023. B.Coordinate with City of Renton Representative regarding use of and access to site, schedule for inspections and submittal of reports. C.Clean site and remove all debris in legal manner. Liberty Park Tennis Court Resurfacing Project Tennis Court Resurfacing Request for Proposal March 29, 2023 PROJECT WORK REQUIREMENTS A.Contractor to furnish all materials and labor for the resurfacing of the Tennis Court and installation of the Pickleball nets, including striping of courts, and all other associated Work. B.Pressure washing, patching cracks and damaged court areas, acrylic resurfacer, two coats of Novafill color, one coat of Nova Combo color and painting of lines per layout of Tennis Courts and Pickleball courts. Color of resurfacer to be approved by City of Renton. C.Crack filler to be Riteway Crack Repair Fabric or approved equal. D.Provide and install two (2) sets of Edwards, or approved equal, Pickleball posts, including sleeves and nets. ATTACHMENTS A.Liberty Park Tennis Court Layout B.Tennis Court Layout C.Pickleball Court Layout Liberty Park Tennis and Pickleball Court Layout QJ t- QJ V) rt) rt l =i II l Double", /\IIPy /\d Court SPrvicP Box w B.Jckcourt t I w u ;:· I )pucP ( our t w Vl SPrvi cP Box I SinqlPs SidPline ·Doubles Sideline Net �CJ ft. ) 1 f I. j l; l lJI , I' ,1_r) ft. 3 ft. 1 B ft. .. ( PntPr SPrviu, I inc' n m l (ti .,, a, .,, SMALL PUBLIC WORKS CONTRACT AGREEMENT THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________, 2020, (the “Effective Date”) by and between the City of Renton, a non-charter code city under RCW 35A, and a Washington municipal corporation (“City”), _______________ Department and (CONTRACTOR’S NAME), (“Contractor”), a ___________who are collectively referred to as the “Parties”, to _______________________________. City and Contractor agree as set forth below. 1.Scope of Work : Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment “A.” 2.Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3.Time of Performance: Contractor shall commence performance of the Agreement no later than (typically 30 or 60 or 90 days) calendar days after the Agreement’s Effective Date. 4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, no later than ________ days from the Effective Date or on ____________, 20___. (Pick one) This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of City and Contractor. 5.Agreement Sum: The total amount of this Agreement is the sum of ($00,000.00) which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6. Consideration: In exchange for Contractor’s performance of the items and responsibilities identified in the Scope of Work, City agrees to make payment of the amount identified as the Agreement Sum. 7.Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. PAGE 2 OF 11 A.Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the “Effective Date” identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. B.Retainage held by the City or in Escrow Account: Pursuant to RCW Chapter 60.28, a sum equal to five percent (5%) of the monies earned by the Contractor will be retained from payments made by the City to the Contractor under this Contract. This retainage shall be used as a trust fund for the protection and payment (1) to the State with respect to taxes imposed pursuant to RCW Title 82 and (2) the claims of any person arising under the Contract. Monies retained under the provisions of RCW Chapter 60.28 shall be: Contractor must pick one – if contractor does not pick one then the first option (retainage held in a fund by the City) applies. _______ Retained in a fund by the City. or ________ Deposited by the City in an escrow (interest-bearing) account in a bank, mutual saving bank, or savings and loan association (interest on monies so retained shall be paid to the Contractor). Deposits are to be in the name of the City and are not to be allowed to be withdrawn without the City’s written authorization. The City will issue a check representing the sum of the monies PAGE 3 OF 11 reserved, payable to the bank or trust company. Such check shall be converted into bonds and securities chosen by the Contractor as the interest accrues. At or before the time the Contract is executed, the Contractor shall designate the option desired. The Contractor in choosing option (2) agrees to assume full responsibility to pay all costs that may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. The City may also, at its option, accept a bond in lieu of retainage. C.For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 The City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. D.For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one – if contractor does not pick one then the first option (5% retainage with contract bond) applies: _______ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or _______ To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. PAGE 4 OF 11 E.For limited Public Works Contracts under $50,000. For limited public works projects, the City may choose to waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, for laborers, mechanics, subcontractors, materialpersons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however The City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. F.City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. G.Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. H.Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City’s expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to PAGE 5 OF 11 construction, alteration, improvement, etc., of structure or improvement attached to real estate…) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and City, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance: Contractor shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to City that are excluded in the commercial general liability insurance. C.Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.It is agreed that on Contractor’s commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City’s insurance policies shall not be a source for payment of any Contractor liability. E.Subject to City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. F.Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. G.Additional Insurance if marked as “Required” by City: 1.☐ Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off- PAGE 6 OF 11 site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2.☐ Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. 10.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: PAGE 7 OF 11 A.Contractor, and Contractor’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If Contractor fails to comply with any of this Agreement’s non-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D.Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11.Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to City shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 12.City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. PAGE 8 OF 11 Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 14.Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15.Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered 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 below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day – a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. PAGE 9 OF 11 CITY OF RENTON Click here to enter text. 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-Click here to enter text. Click here to enter text. Fax: (425) 430-Click here to enter text. CONTRACTOR Click here to enter text. Click here to enter text. Click here to enter text. Phone: Click here to enter text. Click here to enter text. Fax: Click here to enter text. And to: City Clerk cityclerk@rentonwa.gov B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton’s prior express written consent. D.Compliance with Laws. Contractor and all of the Contractor’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. PAGE 10 OF 11 Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. I.Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. J.Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. K.Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. L.Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either City or Contractor from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of Effective Date. CITY OF RENTON _____________________________ CONTRACTOR ____________________________ Armondo Pavone, Mayor 1055 South Grady Way Renton, WA 98057 _____________________________ Date Attest _____________________________ ____________________________ Date PAGE 11 OF 11 Jason A. Seth City Clerk Approved as to Legal Form _______________________________ Shane Moloney Renton City Attorney Small works Contract 3-16-23 Attachment A Insurance Guidelines for the City of Renton The City of Renton requires current insurance certificates for one or more of the following lines of coverage and minimum insurance limits: Revised 10/26/21 •$1,000,000 per occurrence and $2,000,000 aggregate for Commercial General Liability (CGL) or Special Event coverage. Limits may be increased for higher than usual or special liability exposures. •$1,000,000 combined single limit for Auto Liability. Required if a commercial vehicle will be used in performance of work or delivery of products, beyond normal commutes. •Proof of Workers’ Compensation coverage, as required by the State of Washington (provide the Washington L&I or excess coverage policy number). •Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto liability coverage limits. •$1,000,000 Professional Liability. Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the city and if those professional services are excluded from the CGL policy. •$1,000,000 Pollution Liability. Required if work involves a pollution risk to the environment. •$2,000,000 Cyber Liability Insurance. Required for information technology professional services agreements. Limits may be higher for special liability exposures. •Builders Risk. May be required up to the amount of the completed value of a new building or major construction project. •$1,000,000 per occurrence Aircraft Liability (Single Limit Bodily Injury and Property Damage Liability). Required coverage only for aircraft tie-down leases. Additional requirements unique to the City of Renton: •Name the City of Renton as a certificate holder and a Primary and Non-Contributory Additional Insured on the policy. This requirement applies to Commercial General, Auto Liability, Excess/ Umbrella, Special Event, and Aircraft Liability policies; it does not apply to Professional Liability, Workers’ Compensation, nor Cyber Insurance. •The City shall be provided with written notice of any policy cancellation within a minimum of two business days of receipt of such notice by the policy holder. •The city does not represent that the minimum required insurance coverage or limits are adequate to protect the vendor/contractor/consultant from all liabilities. •Insurance certificate requirements and minimum limits can only be waived or modified with Risk Manager approval. •The Certificate Holder should read: City of Renton ATTN: [your City contact’s name & department] 1055 South Grady Way Renton, WA 98057 Direct any questions, comments, or concerns to: Kelsey Urban, Risk Manager 425-430-7669 kurban@rentonwa.gov Template updated 2‐12‐19  This form must be submitted with the Bid Proposal.  Certification of Compliance with Wage Payment Statutes  The bidder hereby certifies that, within the three‐year period immediately preceding the bid  solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision  of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of  assessment issued by the Department of Labor and Industries or through a civil judgment entered  by a court of limited or general jurisdiction.  I certify under penalty of perjury under the laws of the State of Washington that the foregoing is  true and correct.  Bidder’s Business Name  Signature of Authorized Official*  Printed Name  Title  Date  City  State  Check One:  Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ LLC ☐  State of Incorporation, or if not a corporation, State where business entity was formed:  If a co‐partnership, give firm name under which business is transacted:  *If a corporation, proposal must be executed in the corporate name by the president or vice‐president (or any other corporate officer accompanied by evidence of authority to sign). If a co‐partnership, proposal must be executed by a partner. Project Name Page 1 of 2 Contract Bond to the CITY of Renton Project Number(if needed) 03/08/2022 F clb CONTRACT BOND TO THE CITY OF RENTON Bond No. ________________ KNOW ALL MEN BY THESE PRESENTS, That we, (CONTRACTOR/PRINCIPAL) ______________________ of [address]________________________________________________ as PRINCIPAL , and (SURETY)_________________________________________ 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 , are jointly and severally held and firmly bound to the City of Renton (CITY/OWNER) in the sum of________________________________________________ US Dollars ($________________________) Total Contract Amount, for the payment of which sum on demand we bind ourselves and our heirs, successors, assigns, executors, administrators and personal representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of Washington and the ordinances of the City of Renton. Dated at _____________, Washington, this ________ day of ____________________, 20______. NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS: WHEREAS, under and pursuant to Contract No. CAG-XX-XXX providing for construction of the Project Name ; 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. •The SURETY indemnifies, defends, and protects and holds the CITY/OWNER, its officers, agents, and assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the subcontractors or lower tier subcontractors of the PRINCIPAL) to pay all laborers, mechanics, subcontractors, lower tier subcontractors material persons, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the PRINCIPAL) to faithfully perform the Contract. •The indemnities to CITY/OWNER shall also inure to the benefit of the Consulting Engineers and other design professionals retained by OWNER in connection with the Project. •No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond. SURETY , for value received, hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work to be performed thereunder and 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 Contract Bond and notice to SURETY is not required for such increased obligation. •This Contract Bond shall be governed and construed by the laws of the State of Washington, and Project Name Page 2 of 2 Contract Bond to the CITY of Renton Project Number(if needed) 03/08/2022 F clb venue shall be in King County, Washington. FURTHERMORE, this Contract Bond shall be satisfied and released only upon the conditions that PRINCIPAL or SURETY: •Faithfully performs all provisions of the Contract and changes authorized by CITY/OWNER in the manner and within the time specified as may be extended under the Contract; •Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on of such work under the Contract; •Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and 51 Revised Code of Washington (RCW) and any and all taxes imposed on the Principle under Title 82 RCW or any other law; •Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized representative of CITY. This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties’ duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed and original power of attorney for the office executing on behalf of the SURETY. PRINCIPAL SURETY [PRINCIPAL] [SURETY] [Signature of Authorized Official] [Signature of Authorized Official] [Printed Name] [Printed Name] [Title] [Title] [Date] [Date] Name and address of local office of Agent and/or SURETY Company: Telephone: