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HomeMy WebLinkAboutContractSMALL PUBLIC WORKS CONTRACT AGREEMENT THIS AGREEMENT ("Agreement") is made as of the __ day of ___ _, 2022, (the "Effective Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a Washington municipal corporation ("City"), Parks and Recreation Department and NETServices USA LLC, Dba NETServices, ("Contractor"), who are collectively referred to as the Parties", to Replace Netting at the Maplewood Golf Course Driving Range. 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 (60 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 September 16th, 2022. 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 ($134,101.80) which includes Washington State Sales Tax@ 10.1%. 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 ofthe 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 afterthe Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. CAG-22-169 20th May 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 retain age 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 PAGE 2 OF 12 X E. For limited Public Works Contracts under $35,000 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. PAGE40F 12 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 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. D 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 PAGE 5 OF 12 Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off-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. D Required. Contractors Pollution Liabilitv 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. PAGE 60F 12 10. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: 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. PAGE 7 OF 12 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. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalld=7922741&pageld=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. 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. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. PAGE 8 OF 12 CITY OF RENTON Steve Meyers Maplewood Golf Course Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-6803 smeyers@rentonwa.gov CONTRACTOR Daniel Nunn, Managing Member NETServices 13010 11th Ave N E Tulalip, WA 98271 Phone 360.651.1955 estimating@NETServicesUS.com 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. 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. PAGE 9 OF 12 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 Armondo Pavone, Mayor 1055 South Grady Way Renton, WA 98057 Date Attest Jason A. Seth City Clerk CONTRACTOR Date PAGE 10 OF 12 5/20/2022 Approved as to Legal Form Shane Moloney Renton City Attorney Non-standard 05/04/20 CLB PAGE 11 OF 12 Approved by Cheryl Beyer via 5/3/2022 email Maplewood Golf Course Netting Replacement Project Attachment "A" PAGE 12 OF 12 City of Renton Maplewood Golf Course Project: Protective Driving Range Netting Replacement Scope of Work: The work involved shall be full and complete installation of the project to include but not limited to: Demo and appropriate disposal method of existing perimeter and baffle netting. Installation of new perimeter and baffle netting per specification Maximum allowable downtime of the driving range is no longer than fourteen (14) calendar days. The project start date will be mutually agreed upon between the contractor and the Golf Course Manager after procurement of the netting is secured. Contractor to verify all dimensions. Replacement of cable wrap ends as needed The bottom cable is located 2-411 below the top of the chain link fence. Cleanup and repair of any damage to pre exisiting or better condition. Netting specification, must meet or exceed the LFS #930 spec sheet attached Netting attachment : Finished net panels shall be suspended to cables by the rope component via a 9/32" steel carabiner attachment snap, minimum 1,140 lb. breaking strength. The interior of the snap shall encompass only the rope and cable components when suspension is completed. The interval between snap to cable attachment points shall not exceed 3 feet on center (snap size may vary to fit cable size(s) specified). Adjust Driving Range light fixtures to approx 25 to 45 degree angle facing down towards turf and tighten bolts. Verify light position with Golf Course Manager or Supervisor prior to installation of netting. Supply a listing of all materials used and warranty information on completion of project. The contractor should include in their bid a statement of Qualifications that provides references for a minimum 5 barrier netting repair or replacement projects completed in the last 5 years. Attachment "A" Any contractor connected with this project shall comply with all federal, State, County, and city codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of the contract documents. Contractor shall not block any buildings on the property with materials or equipment including, but not limited to, the water treatment facilities. A total of 60 working days will be allowed for the completion of the project once it is started. A pre-bid site walk-through will be held at the site, meet in the Driving Range lobby, on Friday, April 8th, 2022 at 8:00am. Each bidder is fully responsible for familiarizing themselves with the work and the site conditions. Attendance by bidders is recommended. All bids need to be submitted via email to Steve Meyers, Golf Course Manager, smeyers@rentonwa.gov by 4:00pm on Friday, April 15th, 2022. Bids will be reviewed starting Monday April 18th. Project is to be completed within 60 days of project start date that is agreed upon between the Golf Course Manager and contractor. The range can only be shut down for a maximum of 14 days. All prices noted below in accordance with the Bid Documents; no exclusions. GOLF BARRIER NET IMPROVEMENTS BASE BID: (EXCLUDES WSST) For all labor, materials, supplies, overhead, etc. as may be necessary for the particular operation, the base bid amount will be: 121,800 Estimated lead time for netting manufacturing 3 Weeks One Hundred Twenty-One Thousand Eight Hundred Dollars Written Dollar Amount) Contractor's Signature SUBMITIED BY: Daniel Nunn Contractor's Name Managing Member Title 04/15/2022 Date N ETServices Firm Name 1301011thavene Address (Street/P.O. Box) Tulalip WA 98271 City State Zip 3606~_1_19_5_5 ___ _ Telephone Number Estimating@NETServicesUS.com E-Mail 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 11Willful" 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. N ETServices Bidder's Business Name Signature of Authorized Official* Daniel Nunn Printed Name Managing Member Title 04/15/2022 Tulalip WA Date City State Check One: Sole Proprietorship D Partnership D Joint Venture D Corporation D LLC ~ State of Incorporation, or if not a corporation, State where business entity was formed: Washington State 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. Template updated 2-12-19 NETServices 13010 lith Avenue N E Tulalip WA 98271-6 751 Maplewood GolfCourse Steve Meyers 4050 Maple Valley Hwy Renton, WA 98058 ATI: REP PROJECT PROPOSAL DATE Proposal No. 04115/2022 7206 Ship To TERMS OTHER DN 7407 I 2006-06 Netting Replacement+ ... NET 15 Days Expires in 30 Days ITEM QTY DESCRIPTION UNIT TOTAL DR-M ... 1 Provision and Replacement of Driving Range Netting per enclosed specifications and conditions. 121 ,800.00T All material to be as specified, and/or the above work to be performed in accordance with drawings and specifications submitted tor above work. and completed in a substantial workmanlike manner. Any alteration or deviation from the scope of work described and/or related drawings & specifications involving extra costs will be executed only upon written change order, and will become an extra charge over and above the estimate. All agreements contigent upon strikes, accidents, or any other reasonably unforseeable delay beyond our control. Thank you for the opportunity to offer our services. Respectfully submitted-Dan R. Nunn ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as per above terms. Authorized Signature---------------Date ____ _ Phone# Fax# E-mail Sub-Total Sales Tax (10.1°/o) TOTAL Web Site 121,800.00 12,301.80 134,101.80 888-365-6387 (360) 651-1956 dnunn@NETServicesUS.com www.NETServicesUS.com AZ: ROC2161631 CA: 920736 JFL: 1519578 I NV: 0071426 IOR: 1850871 UT: 77487261 WA: NETSEL*964CP NETServices SPORT I BARRIER I PROTECTIVE Specializing in Custom Netting Installation & Maintenance www.NETServices US. com 13010 11'11 Avenue NE -Tulalip, WA 98271-6751 PROJECT: Netting: Rope I Twine: Hardware I Wire: Pole Line Hardware: Maplewood Golf Course -Renton, W A Per Proposal # 7206 Material and installation specification (oage 1 ofl): 2022/04 /15 Provision and replacement of Golf Barrier System; 80' Above Grade along driving range including baffles replacement of wire ends as needed; Includes disposal of old netting. Install Time: 10 Days for complete Installation. Minimum 3 Week Lead time from contract date to project commencement. Work Days Mon-Fri from 0700-1900 Includes all material, labor, expenses, shipping, equipment and one mobilizations I demobilizations. 18 x 1" Barrier Netting 100% DuPont Type 66-728 Knotted Nylon 191lb per strand break strength. Dyed Black, Tarred, Stabilized, and bonded for UV and weather resistance. Rope borders around entire perimeter, center horizontal, and vertically each pole. Made in USA with 10 year Manufacturers Warranty for Defects and Outdoor Life Expectancy 5/16" Twisted Nylon Rope for netting borders I perimeters, center horizontal, & vertical rib lines on all poles 3,600 lb break strength; #24 Twisted Nylon Twine 100% DuPont Type 66-728 Nylon-Tarred, stabilized, and bonded for UV and weather resistance. Sewn to netting w/ Y2 and clove hitch 6" O.C. and not to exceed 8" 0 /C. Existing Existing Existing Phone: 888-365-NETS (6387) • Fax: (360) 651-1956 • E-mail: support@ net-services.us • www.NETS ervicesUS.com AZ: ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 W A: NETSEL*964CP UT: 7748726-5501 NETServices SPORT I BARRIER I PROTECTIVE Specializing in Custom Netting Installation & Maintenance www.NETServices US. com 13010 JJ'h Avenue NE -Tulalip, WA 98271 -67 5 1 GENERAL CONDITIONS OF THIS PROPOSAL NETServices, LLC. -dba NETServices proposal is based on the following conditions, wherever applicable, and for which no cost or provision has been made in the attached proposal. This proposal is made for provision by NETServices of certain construction services (the ''work") to the recipient of this propo al. These conditions shall be specifically included in any contract for which this proposal is accepted, whether by specific reference or by inclusion as an exhibit to that contract. Proposal is contingent on physical site inspection included in proposal. Alteration to the terms ofthis proposal, and/or the conditions outlined below are binding on NETServices only if such alteration is specifically agreed to by NETServices in writing. An Officer ofNETServices must approve any modifications. 1. Conflicting Terms Favors This Proposal. Should any conflict arise between these conditions, and those included in any contract issued for the work, the substance ofNETServices' proposal and these conditions shall supersede any description of the work to be performed or condition included in such contract. 2. Proposal Valid 30 Days. This proposal is valid for 30 days from the date of its issuance, and shall expire and be of no effect after such time. Acceptance ofNETServices' proposal shall create a contract between NETServices and the accepting party, for which these conditions shall serve, absent mutually negotiated alteration acknowledged in writing, as the basis for the agreement. 3. Payment in U.S Funds. This proposal is made based on payment to NETServices as outlined below, in current United States Funds. Unless otherwise stated in the proposal, all local, state and federal taxes, wherever applicable, including sales or use taxes, are excluded from the proposal. NETServices does not accept responsibility for liquidated damages. No payment may be withheld due to missing documentation without advising NETServices 5 days prior to scheduled payment date. 4. One Continuous Operation. This proposal is based on NETServices performing the work in one continuous, uninterrupted operation. This proposal is based on NETServices making one mobilization and one demobilization only for the work, unless specifically noted otherwise. 5. Payment Terms. Unless otherwise mutually negotiated and agreed NETServices will be paid 30% of total contract price upon acceptance of proposal for deposit. NETServices shall then provide a Schedule of Values in AlA format if requested and make application monthly for progress payments based upon the percentage of completion of work, which shall be deemed to include both all work accomplished on the project site, as well as off-site fabrication, delivered materials, and off-site materials purchased for the work, completed or stored during the billing month. Final payment, including the release ofany and all retainage shall be made to NETServices upon substantial completion of the work. Should legal action be required to enforce payment the client agrees to reimburse NETServices for all costs including attorney fee s . Delinquent accounts will accrue interest at the highest allowable legal rate. 6. Indemnity. NETServices agrees to defend and hold the recipient of this proposal harmless, if that person or entity is the contracting party with whom NETServices contracts for the work proposed herein, for all acts ofNETServices which harm third parties, only to the extent of NETServices negligence for such acts. The extent to which NETServices will provide such indemnity is the same, whether such negligence is solely or comparatively that ofNETServices. 7. Hazardous Materials. NETServices excludes from this proposal the costs and responsibility for the identification or removal, abatement or rehabilitation of hazardous waste. Further, NETServices includes no costs in this proposal for any hazardous waste training of its personnel. 8. Obstructions. Unless otherwise specifically addressed, this proposal makes no allowances for the costs of removal of''obstructions'·. For purposes of this proposal or contract, "obstructions" is defined as: "Any material which cannot be drilled with a conventional earth auger and /or under reaming tool and which requires the use of special rock augers, core barrels, air tools, blasting and/or other methods of hand excavation . All earth seams, rock fragments and voids included in the rock excavation area will be considered rock for the full volume of the shaft from initial contact with the obstructive material, for the purposes ofboth mensuration and calculating the payment due for material's removal.'. Obstructions shall also include any trees, brush, or shrub that must be removed for which NETServices makes no allowance for and is the responsibility ofothers. 9. Back Charges. All back charges to NETServices under this agreement must be presented and signed for daily by an authorized representative of NETServices. 10. Additional Work. Unless otherwise agreed, all work additional to that included in this proposal will be performed by NETServices on a ··time and materials" basis. NETServices will present a Field Work Report, itemizing the labor, equipment, materials, and subcontractors used to perform the additional work. The Field Work Report will be presented daily as soon as practicable after the additional work is completed. Signature by the owner/contractor to the Field Work Report indicates agreement that the quantities of added labor, materials, equipment and any subcontractors if used, on the date(s) indicated. NETServices standard rates for equipment and labor that applies tQ extra work are available on request. Page 1 of2 Phone: 888-365-NETS (6387) • Fax : (360) 651-1956 • E-mail: support@net-services.us • www .NETS ervicesUS.com AZ: ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR : 185087 WA: NETSEL*964CP UT: 7748726-5501 NETServices SPORT I BARRIER I PROTECTIVE S pecializing in Custom Netting Installation & Maintenance www.NETServices US. com 13010 11'11 Avenue NE -Tulalip, WA 982 1-6751 GENERAL CONDITIONS (cont .... ) 11 . Differing Site Conditions. In the event actual conditions on the project site differ from either: a) the document provided to NETServices upon which this proposal is based; or b) those conditions ordinarily and generally recognized as inherent in work of the character contemplated by th i. proposal, NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal, and the time allotted for NETServices work. 12. Existing Utilities. Unless otherwise agreed, NETServices excludes any responsibility for the location of, permanent or temporary relocation of protection of, or damage to existing utilities on or adjacent to the project site, whether above or below ground. ''Utilities" include , but are not limited to, piping, ducts, or cabling associated with water, gas, oil, sewer, drain, electrical, steam, telecommunications, septic , sprinkler . irrigation , or hydraulic systems. Interference to NETServices work caused by existing utilities is to be considered ''differing site conditions ··. to r which NETServices will receive appropriate compensation. 13. Access. This proposal assumes that adequate and unobstructed access will be provided for all equipment, diggers, booms, cranes, trucks. self- un-loaders delivering pole or materials, and concrete trucks, moving under their own power to and on the project site. All access tor operations associated with NETServices work will be established and maintained by others. Such access includes, but is not limited to, furnishing and placing of surfacing materials, acceptable ramps allowing access to excavations, and excavation "benches". 14. Spoil and Excess Materials. This proposal makes no allowance for the removal, stockpiling, redistribution, or handling of the spoil. excess soil or debris resulting in NETServices work. Removal and disposal of all NETServices placed materials is by others. 15. Hole Stabilization and Dewatering. This proposal make no allowance for hole stabilization techniques or dewatering if required . If either of the above is required NETServices shall be entitled to an appropriate adjustment in the pricing included in this proposal, and the time allotted tor NETServices work. 16. Surface Protection. Drilling and/or lift equipment is cumbersome and heavy. NETServices or its subcontractors are not responsible tor removal. damage to, or restoration of, landscaping and/or grass, sidewalks, curbs, asphalt, concrete, pipes, septic, or irrigation. 17. Schedule and Completion of Work. Schedule and completion of work dependant on reasonable and safe operating ground, weather I wind conditions as determined by NETServices. While NETServices will make every effort to schedule above work on a weather permitting basis. any and all additional expenses incurred due to factors beyond NETServices control, reasonably unforeseeable, or outside of scope will result in additional charges and be executed via written change order. 18. Traffic Control and Services. This proposal makes no allowance for traffic control, flagging or road closures as may be necessary tor NETServices' work. Electrical power, sanitation facilities, street cleaning and water in sufficient quantities, are to be provided by others at no cost to NETServices. Water is to be located within the confines of the project and no more than 150' from the work and delivered timely so as not to delay NETServices. Water quantity shall be equivalent to 1-1/2" pipe at full pressure. Such services are to be provided by others at no cost to NETServices in a manner that facilitates and does not interfere with NETServices work. 19. Permits. This proposal includes neither the costs of nor labor to procure any permit, license, agreement, easement, or other necessary permission to allow for NETServices' work. Unless otherwise negotiated and mutually agreed, procurement of such items is the responsibility of others. including street use permits and water meters. 20. Special Services. Any required inspections, surveys, monitoring, engineering, materials testing, staking, certification of elevation of equipment installed, as built drawings or reports will be the responsibilities of others or by change order to this contract. 21. Bonds. Unless otherwise agreed, this proposal excludes the provision of a performance or payment bond. If required, NETServices will be reimbursed for any associated fees at our current bond rate which is 2.5%. 22. Insurance. This proposal includes provision by NETServices of standard comprehensive liability, completed products, and automobile insurance, in the amounts of$1,000,000 per occurrence, $2,000,000 aggregate with a $3,000,000 Umbrella. NETServices shall be reimbursed if required to provide coverage in excess or in addition to the above. NETServices Workers Compensation insurance is state funded by the State o f Washington. This coverage is accepted by most states that have a reciprocating agreement with the State of Washington and NETServices workers are covered in any state. IfNETServices is required to obtain additional Workers Compensation insurance in the state the work is to be performed any premiums and appropriate compensation for procurement will be reimbursed to NETServices. 23. Settlement of soils. NETServices is not responsible for any settlement of soils, or any damage that results from such settlement resultant of NETServices work, unless such damage results from the sole negligence ofNETServices. This includes but is not limited to any damage to any structure or improvement caused by vibration of the machinery or the movement of equipment. Page 2 of2 Phone: 888-365-NETS (6387) • Fax: (360) 651-1956 • E-mail: support@net-services.us • www .NETServicesUS.com AZ: ROC216163 CA: 920736 FL: CGCI519578 LA: 54909 NV: 007142 6 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 NETServices SPORT I BARRIER I PROTECTIVE S pecializing in Custom Netting Installation & M aintenance www.NETServicesUS.com 13010 ll111 Avenue NE -Tulalip, WA 98271-6751 A representative listing ofcompleted jobs by NETServices Riverbend G olf C omplex Kent, WA City of Kent Pete Peterson 253-856-5190 Echo Falls Golf Club Mark Knowles Columbia Hospitality 360 621 6641 Dallas Cowboys Stadium Manhattan Construction -GC Mr. Mark Hickman-Spec. Project Manager Arlington, TX 76011 817-524-0400 The Reserve Golf & Vinyard 4805 SW 229th Ave Aloha, OR 97007 503 649 8191 Flagstaff Landfill Mr. DJ Buthe-Project Engineer Sioux Falls, SD 605-367-8619 Maricopa Recycling Association Ms. Gina DeAbella -Manager Tempe, AZ 480-456-6324 City of Phoenix Caid Industries-GC Mr. Kyle Peyton-President Tempe, AZ 520-294-3126 Completed: 04/2021 Total Contract: $545,000 Installation of 100' AGL Golf Range Netting System Completed: 07/2020 Total Contract: ~$150k Installation of 80' above grade Golf Range Netting System Completed: 09/2019 Total Contract: $126,000 Installation of Scrim and Bird Netting on Center Hung Scoreboard. Completed: 08/2021 Total Contract: $308,000 Installation of 80' AGL Golf Range Completed 11/2019 Total Contract: $204,000 Installation of 30' H x 2,000 LF of Litter Fencing; 41 each Steel Poles West Texas Regional Disposal Ms. Catrennia Williamson Abernathy, TX 806-775-2151 City of Seattle Parks & Recreation Bobby Morris Playfield Ted Holden -Architect Seattle, WA 206) 684-71 04 Phone: 888-365-NETS (6387) • Fax: (360) 651-1956 • E-mail: support@net-services.us • www.NETS ervicesUS.com AZ: ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 NETServices SPORT I BARRIER I PROTECTIVE Specializing in Custom Netting Installation & Maintenance www.NETServicesUS.com 13010 ll'h Avenue NE -Tulalip, WA 98271 -675 1 A representative listing ofcompleted jobs by NETServices OKI Development Group The Golf Club at Newcastle, Indian Summer, Echo Falls Golf & Country Club, & Hawks Prairie Mr. Glenn Hirai -Facilities Manager Snohomish, W A 98296 425) 646-6919 Dallas Cowboys Stadium Manhattan Construction -GC Mr. Mark Hickman-Project Manager Arlington, TX 817-524-0400 City of Everett Parks Legion Park Mr. Russell Dance-Director Everett, WA 425-257-7335 City of Seattle Parks Georgetown Playfield, Lower Woodland Park Bobby Morris Playfield Mr. Ted Holden-Parks Director Seattle, WA 206-684-7021 Garden Valley Golf Club Rob Shields Lindale, TX 903-882-6100 City of Renton Maplewood Golf Course Driving Range Kelly Beymer Renton, WA 425-430-6803 Tacoma Firs Golf-Driving Range Mike Givens -Owner Tacoma, WA 25 3-4 72-6899 City of Tacoma Point Defiance Zoo and Aquarium Stan Chapin -Director Tacoma, W A 98407 253) 404·3802 PING Golf Test Facility Mr. Ken Kays-Plant Facilities Manager Phoenix, AZ 85029 602)687-5590 Big League Dreams Sports Park Pete Durant & Associates -GC Mr. Darrell Durant -President Mansfield, TX 76063 817-439-3213 Big League Dreams Sports Park Roche Constructors, Inc.-GC Mr. Doug 0 lson Las Vegas, NV 702-252-3611 Waste Management of Northern Texas Walter Hunt -Regional Director Ferris, TX 972-84 2-5 892 Three Rivers Park District Eagle Lake Golf Course Mr. William Vollebrecht Plymouth, MN 55442 763-694-7820 Broadmoore Golf Club Brent Kruger -General Manager Oklahoma City, OK 405-740-0112 Kemper Sports Management Chicago Parks & Rec I Diversey Driving Range Mr. Chris Patterson-Manager Chicago, IL 60657 312) 742-7930 City of Phoenix Civic Space Center Ed Lebow -City Art Director Phoenix, AZ 602-495-0197 Phone : 888 -365 -NETS (6387) • Fax: (360) 651-1956 • E-mail: support@net-services.us • www.NETServicesUS .com AZ : ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR: 185087 WA: NETSEL*964CP UT: 7748726-5501 NETServices SPORT ! BARRIER ! PROTECTIVE Specializing in Custom Netting Installation & M aintenance www.NETServices US. com 13010 IJ'h Avenue NE -Tulalip , WA 98271-6751 NETServices-Kev Personnel Daniel Nunn Terri Nunn Dylan Nunn Travis Wolfe Founder I Managing Member Managing Member Accounts Manager Operations Manager Foreman All ofNETServices crew are OSHA 10 Certified and hold current CPR and First Aid Cards. 24 years experience in Netting Construction, Project Management, Business Management, and Production I Construction Scheduling. 21 years experience in Construction and Property Management, Book Keeping Administrative Support, and Customer Service. 15 years experience netting construction and project lead 20 years experience in drilling I standing pole, pile driving, netting Installation I repair, and Construction Supervision. NETServices is registered with SBA as disadvantaged business and certified by CC&R Project Management Approach: While there are really only two distinguishable phases of a project of this scope, we believe it is critical to provide detailed planning of each day in order to maintain production, safety, and control the budget. We take the same approach as on larger projects when it comes to scheduling and planning the work, only rather than broken down by months or years, we will break it down by day and hour. Each portion: site layout, demo, drilling and erecting, placement of concrete, hardware and wire, netting, cleanup and closeout are all approached with a written daily and at times hourly schedule that is communicated among all team member. Communication with all team members and Owner will be considered a critical part of the projects successful completion. All Personnel anticipated for this project have a long service history with NETServices and will be available throughout the project. Quality control methods consist of a system of checks and balances from fabrication through installation with identifiable and written control point with corrective action if required. Trade References -NETServices Coastal Steel Pole Company 2933 16th Street Bakersfield, CA 93301 Ken Jones-Owner Diamond Nets, INC. 1064 East Pole Road Everson, W A 9824 7 John Neil -President Phone: 888-365-NETS (6387) • 661-631-1582 888-323-9306 Fax: (360) 651-1956 • E-mail : support@ net-services .us • www .NETS ervicesUS.com AZ : ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR : 185087 WA: NETSEL*964CP UT : 7748726-5501 NETServices SPORT / BARRIER ! PROTECTIVE S pecializing in Custom Netting Installation & M aintenance www.NETServices US. com BUSINESS NAME: TYPE OF BUSINESS: OFFICERS: UBI: EIN: LICENSE: BOND: WORKERS COMP: BANKING: INSURANCE: BONDING: Phone: 888-365-NETS (6387) • 13010 11 1h Avenue NE -Tulalip, WA 98271-6751 COMPANY PROFILE NETServices, LLC 13010 11th Avenue NE Tulalip, WA 98271-6751 Phone: (888) 365-6387 Fax (360) 651-1956 Internet: www.N ETServicesU S.com Limited Liability Company NETServices US, Inc is a professional netting installation contractor specializing in design, installation, repair, and replacement of protective and barrier netting systems for golf courses, driving ranges, baseball fields & batting cages, soccer/lacrosse arenas ponds, bird netting, and landfill containment. Daniel R. Nunn-President 40% I Terri Nunn-Chairman; Vice President 60% 602-825-038 26-2566026 NETSEL*964CP (WA)/ ROC216163 (AZ)/ 0071426 (NV)/ 920736 (CA)/ 185087 (OR) Registered Foreign Corporation in: TX, OR, ID, MI, MD, CA, Rl, PA, TN, CA, UT, NM, KY, NV, OH, IL, NY, NJ, CT, GA, WY, SC 103623362 W A State Funded -Acct# 054, 462-01 US Bank-North Marysville Office; PD-W A-350 1 Debi Fitzsimmons -Manager 11401 State A venue -Marysville, W A 98270 360) 658-3399 The Hartford Policy # 52 SBA TL 1701 Agent: Eric Wagner Insurance, Inc. P.O. Box 289 Marysville, W A 98270 360) 653-3737 CB&MS -Construction Bonding & Management Services Carrier: Travelers with A+ Rating Mr. Nicholas Fix P.O. Box 75715 I 11050 5th Avenue NE, Suite 206 Seattle, W A 98125 206) 361-9693 Luby & Thomson, PLLC Pam Thomson 419 Occidental Ave S, Ste 600 Seattle, W A 981 04 Fax: (360) 651-1956 • E-mail: support@ net-services.us • www.NETServicesUS.com AZ: ROC216163 CA: 920736 FL: CGC1519578 LA: 54909 NV: 0071426 OR : 185087 WA: NETSEL*964CP UT : 7748726-5501 M•llacturer's liDIIted warranty DNI (Diamond Nets Inc.) makes the following Express Limited Warranty for #I8 xI" (191 lb/twine), dyed black and tarred Golf Range Netting: All workmanship of this product will be full repaired or replaced by DNI for a period of up to and including ten 10) years for #I8 (1.9mm) from the date of purchase. The netting component will be fully repaired or replaced by DNI for a period of five (5) years and pro-rated up to period often (IO) years for #I8 x 1". The pro-rating percentages are as listed: I8 5 years and I day to 6 years 6 years and I day to 7 years 7 years and 1 day to 8 years 8 years and I day to 9 years 9 years and 1 day to I 0 years 80% of purchase price 60% of purchase price 40% of purchase price 20% of purchase price I 0% of purchase price This warranty applies to damage as a result of material or workmanship of this product under normal use. Such damage includes textile defects, material breakdowns, cracks, or damage caused by ultraviolet exposure. This warranty applies only if the product was properly assembled, installed and maintained in accordance with the manufacturer's instructions, and at all times used for the particular purpose it was intended. This warranty does not cover acts of nature or vandalism, and is granted only to the original purchaser of the product. PURCHASER OBLIGATION TO RECOVER UNDER THIS WARRANTY 1. Photographs must be taken during or immediately after completed installation of netting. Photographs of each panel (between poles) of golf netting including close up photos of netting attachment points at each pole. These photographs must be supplies to Diamond Nets Inc. within 30 days after installation is complete. 2. Properly install and maintain the product in accordance with the pre-installation instructions of the manufacturer. 3. If there is damage to the product, mail notification of damage to Diamond Nets Inc. Include product purchase date, photographs of the damage and a statement by the purchaser of the damage and cause of damage. 4. Allow the manufacturer to inspect the product in its damaged state, as installed by the purchaser. Limitations of warranty, liability and damages : The foregoing express Iimited warranty is in Iieu of all other warranties, inc) uding any imp! ied warranty of merchant ability and any implied warranty of fitness for a particular purpose, which are hereby disclaimed by the manufacture r. to the extent and state does not allow the disclaimer of and implied warranty of merchant ability or an implied warranty for fitness for a partic ular purpose, any such warranties are hereby limited in durationto the above warranty period for the express limited warranty given herein . The manufacturer shall not be subject to any other obligations or liabilities whatsoever with respect to this product, under no circumstances sha ll the manufacturer be liable for any consequential or other damages, expenses, losses, or delays, however caused. The right to the repair or replacement of the product as provided in this warranty shall constitute the sole and exclusive remedy of the purchaser. No representative of the manufacturer has the authority to make or imply any representation promise or agreement that in any way varies the terms of this express limited warranty . NETServices SPORT I BARRIER I PROTECTIVE Specializing in Custom Netting Installation & M aintenance www.NETServices US com 13010 ll'h Avenue NE -Tulalip, WA 98271 -6751 NETServices -CONTRACTOR'S LIMITED WORKMANSHIP WARRANTY The contractor signatory below NETServices ("Contractor") hereby guarantees ("Owner") that the construction performed on that certain structure located at to be free from defects in material (only to the extend for which material was provided directly by NETServices; additional material warranty applies per manufacturer) and workmanship for a period of two years from the date of commencement of use, substantial completion or date of notice of completion, whichever is the first to occur: This Standard Limited Warranty applies and is limited as follows: 1. To the property only as long as it remains in the possession of the original owner named above. 2. To the construction work that has not been subject to accident, misuse or abuse. 3. To the construction work that has not been modified, altered, defaced, or had repairs made or attempted by others. 4. That contractor be immediately notified in writing within ten (10) days of first knowledge of defect by owner or his agent. 5. That contractor shall be given first opportunity to make any repairs, replacements or corrections to the defective construction at no cost to owner within a reasonable period of time. 6. Under no circumstances shall contractor be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, secondary or consequential damages of any nature however arising out of the use or inability to use because of the construction defect. Other limitation. ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING PROPERTY DAMAGE, LOST PROFITS, LOSS OF US, OR OTHER ECONOMIC LOSS, ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. Some states do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you. ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Dealers are not authorized to modify this Warranty or to make any additional commitments. NETServices, LLC will not be responsible for promises not contained in this Warranty. NETServices Contractor Name 13010 11th Avenue NE Tulaip. WA 98271 Address Signature Title Phone: 888-365-NETS (6387) • WA: NETSEL *964CP State License Number (if required) 360-651-1955 Telephone Number Date Fax: (360) 651-1956 • E-mail: support@ net-services.us • www.NETServicesUS.com OR: 185087 AZ: RO C216163 NV: 0071426 CA: 920736