1 RFB City Hall Elevator Modernization Final.pdf

BID AND CONTRACT DOCUMENTS

AND SPECIFICATIONS

FOR

CITY HALL ELEVATOR MODERNIZATION

RFB # 26-010

PROJECT # 01-990

City of Federal Way Parks Department

33325 8th Avenue South Federal Way, WA 98003

CITY OF FEDERAL WAY CITY HALL ELEVATOR MODERNIZATION

RFB-i PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS

FOR

PROJECT # 01-990

Bids Accepted Until 2:00 p.m., September 11, 2026 at

33325 8th Avenue South

Prepared By: Claribel Orellana Capital Projects Mananger

Parks Department

The contract plans and specifications for this Project have been reviewed and approved by:

Parks Director / Deputy Parks Director

RFB-ii PROJECT #01-990 / RFB #26-010

TABLE OF CONTENTS

PAGE

ADVERTISEMENT FOR BIDS

INSTRUCTIONS TO BIDDERS & CHECKLISTS

BID PROPOSAL

BID BOND

SUBCONTRACTOR LIST

CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION

RETAINAGE OPTION

PUBLIC WORKS CONTRACT

SAMPLE CONTRACT CHANGE ORDER

CERTIFICATE OF INSURANCE

PERFORMANCE AND PAYMENT BOND

RETAINAGE BOND TO CITY OF FEDERAL WAY

SPECIAL PROVISIONS

APX A: SPECIFICATIONS AND DRAWINGS

APX B: PREVAILING WAGES AND BENEFIT CODE KEY

RFB-1 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

ADVERTISEMENT FOR BIDS

CITY HALL ELEVATOR MODERNIZATION

SUBMITTAL OF SEALED BIDS:

Sealed bids must be submitted by 2:00 p.m. local time on Friday, September 11, 2026, via the City of Federal Way public procurement portal Euna Procurement at: https://federalwaywa.bonfirehub.com for this RFB.

Printed, Emailed, Telex or facsimile bids will NOT be accepted. The City will not accept proposals submitted after the submission deadline.

All bids will be opened and read publicly aloud at 2:30 p.m. on Friday, September 11, 2026, in the Hylebos Room (2nd Floor, City Hall), 33325 8th Avenue South, Federal Way, Washington, for this RFB. The bid opening for this RFB will also be available for viewing via zoom:

Zoom Link:

https://cityoffederalway.zoom.us/j/85622987903?pwd=W0SfuE2IL29pvEEzBM0y4JMKOaI41k.1

Meeting ID: 856 2298 7903 Passcode: 565067

This project shall consist of: Repairing and replacing equipment to modernize existing elevator to meet current electrical and elevator codes (ASME 17.1 – 2019)

The scope of work for this project includes (but is not limited to) all work related to the renovation and/or replacement of the following items: controller, communication upgrades, hydraulic unit, power unit, hoistway updates, car emergency lighting system, car operating panel, 3D infrared door edge protection, handrails, hall fixtures, door equipment, pit ladder, stop switches, necessary electrical and mechanical upgrades, machinery, including any code related fire blocking or fire rated insulation.

The Contractor shall be responsible for the following:

1. Providing L&I, Electrical and Specialty permits, equipment, labor, and materials to complete the work in a safe, clean and workman like manner.

2. Ensuring that the Work is compliant with L&I and local building codes.

3. Ensuring that all Work shall be performed using new materials, free of defects, installed in a professional, workmanlike manner to provide a “Turn Key” complete, safe and operable installation as specified in the project documents.

The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required documents are executed in full. Contract Term from the Notice to Proceed is 90 Calendar Days. Regardless of the date of award or Notice to Proceed, the Contractor must complete all elevator out-of-service work within a 21 calendar day window.

BID DOCUMENTS:

Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to the City of Federal Way public procurement portal Euna Procurement at: https://federalwaywa.bonfirehub.com. This online procurement portal provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets.

Required to Register in Euna Procurement: All bidders responding to this request are required to register on the City of Federal Way public procurement portal Euna Procurement at: https://federalway.bonfirehub.com. for this RFB https://federalway.bonfirehub.com/ https://federalway.bonfirehub.com/

RFB-2 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

An informational copy of plans, specifications, and addenda are also available for viewing only at:

https://www.federalwaywa.gov/bids

QUESTIONS:

Any questions concerning the description of the work contained in the contract documents must be submitted via the Q&A section (left hand menu) for this RFB on the City of Federal Way public procurement portal Euna Procurement at: https://federalway.bonfirehub.com. The questions must be received by the City on or before Tuesday, September 8, 2026 at 5:00 p.m. to allow a written reply to reach all prospective Bidders before the submission of their bids.

PRE-BID MEETING: Pre-bid meeting scheduled for Thursday August 27, 2026 at 9:00 a.m. starting at City Hall lobby. Any clarifying information from the Pre-bid visit shall be posted on Euna Procurement (Bonfire) for all interested Contractors to see through the Public Q&A or Public Notice tab under Messages (left hand menu).

OTHER PROVISIONS:

All bid proposals shall be in accordance with the Contract and all bid proposals shall be accompanied by a bid deposit or bond in the amount required in the Contract. Forfeiture of the proposal bond or deposit to the City shall be in accordance with the Contract.

The recipient, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. The City encourages minority and women-owned firms to submit bids consistent with the City’s policy to ensure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts.

The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities.

The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents.

DATES OF PUBLICATION:

Daily Journal of Commerce Publish August 14, 2026 and August 21, 2026 Federal Way Mirror Publish August 14, 2026 and August 21, 2026 https://www.federalwaywa.gov/bids

RFB-3 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

INSTRUCTIONS TO BIDDERS & CHECKLISTS

(1) ADVERTISEMENT FOR BIDS AND CONTRACT DOCUMENTS

The Advertisement for Bids and Contract Documents contain bidder instructions that must be complied with.

(2) EXAMINATION OF BID AND CONTRACT DOCUMENTS – BIDDER RESPONSIBILITIES

The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and Contract Documents, the Project site, the availability of materials and labor, publically available information, and has reviewed and inspected all applicable federal, state, and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and/or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder’s bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement.

(3) INTERPRETATION OF BID AND CONTRACT DOCUMENTS

No oral clarifications, interpretations, or representation will be made to any bidder as to the meaning of the bid or Contract Documents. Bidders shall not rely upon any oral statement or conversation they may have with City’s employees, agents, representatives, consultants, or design professionals regarding the Contract Documents, whether at the pre-bid meeting or otherwise and no oral communications will be binding upon the City. Any questions must submitted via the Messages/Public Q&A section for this RFB on our City of Federal Way public procurement portal Euna Procurement at:

https://federalway.bonfirehub.com The questions must be received by the City on or before Tuesday September 8, 2026 at 5:00 p.m. to allow a written reply to reach all prospective Bidders before the submission of their bids. Any interpretation deemed necessary by the City will be in the form of an Addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such Addenda shall become part of the bid.

(4) BID PRICE

The bid price shall include everything necessary for the completion of the Contract and the Work including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the Contract Documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety

(90) days after the bid opening.

(5) POSTPONEMENT OF BID OPENING

The City reserves the right to postpone the date and time for the opening of bids by Addendum at any time prior to the bid opening date and time announced in these documents.

(6) REJECTION OF BIDS

The City reserves the right to reject any bid for any reason.The City further reserves the right to reject any portion of any bid and/or to reject all bids. In consideration for the City’s review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. If, in the opinion of the City, there is reason to believe that collusion exists among bidders, none of the bids of the participants in such collusion will be considered.

(7) BIDDER’S CHECKLIST

The bidder’s attention is especially called to the following forms, which must be executed in full as required. Failure to comply may result in rejection of any bid not so complying.

RFB-4 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

Bid Proposal: The Bid Proposal shall be completed and fully executed, including filling in the total bid amount.

Bid Bond: This form is to be executed by the bidder (and the surety company as appropriate, depending upon the option selected by the bidder).

Subcontractor List: The Subcontractor List shall be filled in by the bidder.

Contractor Certification – Wage Law Compliance: This form shall be filled in and fully executed by the bidder.

Contractor Certification – State Registration and Department of Revenue Numbers: A copy with this information to be included in Bid Proposal

Retainage Option: This form shall be filled in and executed by the bidder to inform the City of their Retainage Option in the event they are the lowest, responsive, responsible bidder..

(8) CONTRACT CHECKLIST

The following documents are to be executed and delivered to the City after the Bid is awarded:

Public Works Contract: The successful bidder will fully execute and deliver to the City the

Public Works Contract (“Contract”) from these Bid Documents.

Certificate of Insurance: The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract.

Performance/Payment Bond: The successful bidder will provide a fully executed Performance/Payment Bond as appropriate.

Contractor’s Retainage Bond: If the retainage bond option is chosen, then the successful bidder will fully execute and deliver to the City the Contractor’s Retainage Bond.

Business License: The successful bidder will provide a copy of a current Business License with the City of Federal Way.

RFB-5 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

BID PROPOSAL

PROPOSAL SUBMITTED BY:

Bidder: _____________________________________________________ Full Legal Name of Firm

Contact: _____________________________________________________ Individual with Legal Authority to sign Bid and Contract

Address: ____________________________________________________ Street Address

City, State Zip

Phone: ____________________________________________________

E-Mail: ____________________________________________________

Select One of the Following: □ Corporation

□ Limited Liability Company/Partnership

□ Individual

□ Other

State Contractor’s License No.: ___________________________________

State Contractor’s License Expiration Date: _______/________/__________ Month Day Year

State UBI No.: _______________________________________________

Employment Security Department No.: _______________________________

Labor and Industries Department Account, ID No.: _______________________________

RFB-6 PROJECT #01-990 / RFB #26-010

BID TABLE

For information only. Please complete Bid Table through the Bonfire platform under ‘Required Information’

Item Number Description Unit Quantity Unit

Price Total Price

001 Mobilization - Includes Staging and Access LS 1

002 Permitting - Includes all Elevator Safety Codes, State and local Requirements LS 1

Controller

003 Furnish and Install - Controller. EA 1

004 Upgrade - Communications. Upgrade all communications to comply with ASME A17.1 2019. LS 1

005 Furnish and Install - Auxiliary Power Unit. EA 1

Power Unit

Furnish and Install - Power Unit. Submersible type power sized to existing car speed. Includes Down Speed Regulated Control Valve, Overspeed valve with integrated shut off and Viscosity Control.

EA 1

Machine Room

007 Labor - Removal of existing controller electrical raceways and wiring and complete final terminations for control and monitoring circuits. LS 1

Hoistway

008 Replace - Electrical Piping/Raceways. Replace as necessary. LS 1 009 Furnish and Install - Hoistway Wiring Package. LS 1 010 Furnish and Install - Traveling Cable. LS 1 011 Cleaning - Complete Hoistway. LS 1 012 Furnish and install - Absolute selector/positioning System. LS 1

Car

013 Furnish and Install - Emergency Lighting System. LS 1 014 Furnish and Install - Two-way communication system (Intercom). LS 1

015 Furnish and Install - Car Operating Panel (COP). New, A17.1 Visual Communication Compliant. EA 1

016 Furnish and Install - 3D infrared Door Edge Projection. A17.1 2019 Compliant LS 1

017 Furnish and Install - Car Top Handrail. Per Code. LS 1 018 Furnish and Install - Car Top Inspection Station. LS 1

RFB-7 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

Hall Fixtures 019 Furnish and Install - Hall Fixtures. Surface Mount type, Each Landing. EA 2 020 Furnish and Install - Position Indicators. Each Landing. EA 2

021 Furnish and Install - Signage. Code Compliant and Braille, Each Landing. LS 1

Door Equipment

022 Furnish and Install - Door Components. New, Includes Door Hanger Rollers, Pick-up Rollers and Gibs. LS 1

023 Furnish and Install - Astragals. LS 1

Pit

024 Furnish and Install - Stop Switches. LS 1

Testing

025 Testing - All code required acceptance testing in accordance with ASME Inspection Standards. LS 1

Electrical Work

026 Update - Fire Life Safety System. Including conduit and devices. LS 1

027 Update - Electrical. Mainline disconnects to code compliant distance location. LS 1

Furnish and Install - Sub Panel. Including connections for car lights piped to new controllers, Machine Room and Pit lights, Machine Room and Pit GFCIs.

LS 1

029 Furnish and Install - LED Lighting. For Machine Room and Pit. LS 1

030 Repair - Elevator Mechanical Room and Hoistway. Fire Stop and Patch all Penetrations. LS 1

031 Labor - Encapsulate combustible material in Hoistway. Beveling as required. LS 1

032 Labor - Miscellaneous Cutting and Patching for Hall Fixtures. LS 1 033 Furnish and Install - Pit Stop Switch. LS 1

The documents incorporated by reference, as if fully set forth, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor’s Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents.

Pursuant to and in compliance with the Advertisement for Bids for the Project, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents, considered conditions which may affect the delivery, supply and maintenance for the Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the referenced bid amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law.

RFB-8 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

NON-COLLUSION AFFIDAVIT

By signing this proposal, the undersigned acknowledges that the person(s), firm, association, or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this project.

CONFLICTS OF INTEREST, GRATUITIES, & NON-COMPETITIVE PRACTICES

By signing this proposal, the undersigned agrees as follows:

(1) That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and/or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require; and

(2) That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and

(3) That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the

Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract

AFFIDAVIT OF ELIGIBILITY

The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under Chapter 18.27 RCW.

CERTIFICATION OF LAWFUL EMPLOYMENT

The Contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act now or as herein after amended, 8 U.S.C. 1101 et. Seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way.

Receipt of the following Addendums is hereby acknowledged:

Addendum No. ___ Date Issued: ________________

The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation.

[signature page to follow]

RFB-9 PROJECT #01-990 / RFB #26-010

By: ________________________________ Signature

Printed Name

Title

Subscribed and sworn to before me this _____ day of _______________, 20 .

Signature of Notary

Printed name of Notary Notary Public in and for the State of Washington My commission expires: _____________________

RFB-10 PROJECT #01-990 / RFB #26-010

CFW RFB VERSION 2025-SEPT

BID BOND

OPTION 1: BID BOND DEPOSIT

Attached is a deposit in the form of a certified check, cashier’s check, or cash in the amount of $____________, which amount is not less than five percent (5%) of the total bid.

Principal – Signature of Authorized Official Date

Title

—OR—

OPTION 2: BID BOND

KNOW ALL PERSONS BY THESE PRESENTS that we, ______________________________________________________________, as Principal, and __________________________________________________, as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the sum of five (5) percent of the total amount of the bid proposal for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents.

The condition of this obligation is such that if the Obligee shall make any award to the Principal for the above-mentioned Project according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond.

SIGNED, SEALED AND DATED THIS ____ DAY OF __________________, 20___.

Principal – Signature of Authorized Official Surety – Attorney in Fact

(Attach Power of Attorney)

Title

Name and Address of Local Office/Agent of Surety Company is:

RFB-11 PROJECT #01-990 / RFB #26-010

SUBCONTRACTOR LIST

RFB-12 PROJECT #01-990 / RFB #26-010

CONTRACTOR WAGE LAW COMPLIANCE CERTIFICATION

FAILURE TO RETURN THIS CERTIFICATION AS PART OF THE BID PROPOSAL PACKAGE WILL MAKE

THIS BID NONRESPONSIVE AND INELIGIBLE FOR AWARD.

I hereby certify, under penalty of perjury under the laws of the State of Washington, on behalf of the firm identified below that, to the best of my knowledge and belief, this firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of Chapters 49.46, 49.48, and 49.52 RCW within three (3) years prior to the date of the Request for Bids.

Bidder Name: ______________________________________________________ Print Full Legal Name of Firm

By: _____________________________ _________________________________________ Signature of Authorized Person Print Name of Person Making Certifications for Firm

Title: ___________________________ Place: ___________________________________ Title of Person Signing Certificate Print City and State Where Signed

Date: ___________________________

RFB-13 PROJECT #01-990 / RFB #26-010

RETAINAGE OPTION

IDENTIFICATION AND DESCRIPTION

Project Title: City Hall Elevator Modernization

RFB No: 26-010

Contractor:

GENERAL REQUIREMENTS

1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City.

2. All investments selected are subject to City approval.

3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes.

BIDDER’S INSTRUCTIONS

If deemed to be the lowest responsive, responsible bidder and pursuant to RCW 60.28.011, I hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of the contract and further request the appropriate forms be included in the Contract documents prepared for execution.

Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor.

Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate “City of Federal Way Retainage Bank Acceptance Agreement” upon contract award. The City will provide the agreement to the Contractor if this option is selected.

Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate “City of Federal Way Construction Retainage Escrow Agreement” upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor.

Option 4: Contractor shall submit a “Retainage Bond” on City-provided form included in these

Contract Documents.

Signature Date

RFB-14 PROJECT #01-990 / RFB #26-010

PUBLIC WORKS CONTRACT

THIS PUBLIC WORKS CONTRACT (“Contract”) is dated effective this _____ day of ____________, 20___ and is made by and between the City of Federal Way, a Washington municipal corporation (“City or Owner”), and ______________________, a ___________________ (“Contractor”), for the project known as ____________________________________ (the “Project”).

A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the Project; and

B. The Contractor has the requisite skill and experience to perform such work.

NOW, THEREFORE, the parties (“Parties”) agree to the following terms and conditions:

1. SERVICES BY CONTRACTOR

Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the Project. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance with and as described in the Contract Documents, which Work shall be completed to the City’s satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee.

2. TERM

2.1 This Contract shall commence on the effective date of this Contract and continue until the Project is formally accepted as complete by the City Council, Notice of Project Completion is filed with State agencies, and all bonds for the Project are released by the City.

2.2 The Contractor must complete the Work in accordance with the number of Calendar Days for the Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in the amount set forth in the Contract Documents. The parties acknowledge that delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations.

2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the Engineer in accordance with the Contract Documents. Any request for a time extension or additional compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in the Contract Documents is a full and complete waiver of Contractor’s right to additional time, money, damages, or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to such request.

3. COMPENSATION

3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed _______________________ and ____/100 Dollars ($ __________), which amount shall constitute full and complete payment by the City (“Total Compensation”). The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract.

3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Bid Proposal, which is incorporated herein and made a part hereof by this reference, and as detailed in the Contract Documents. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City’s sole and absolute discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws.

RFB-15 PROJECT #01-990 / RFB #26-010

3.3 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event, occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work.

4. INDEPENDENT CONTRACTOR

4.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor’s ability to perform the Services.

Contractor agrees to resolve any such conflicts of interest in favor of the City. Nothing contained in this Contract shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers, or consultants.

4.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor’s failure to do so.

5. INDEMNIFICATION

5.1 Contractor Indemnification.

5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees, agents, consultants, and volunteers (collectively “the Indemnified Parties”) harmless from any costs or losses, and pay and damages or judgments, related to any claim brought by any person employed in any capacity by the Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages, salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement, vacation, sick leave, etc.

5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs, damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising from, resulting from, connected with, or incident to the Contractor’s performance or failure to perform this Contract or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the Work and any injuries to persons or property arising out of the performance of this Contract are caused by or result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees, and anyone for whom they are legally liable.

5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor’s own employees or former employees against any Indemnified Party, and for that purpose Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW.

Contractor’s indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers’ compensation acts, disability benefit acts or any other benefits acts or programs. Provided, however, the Contractor’s waiver of immunity by the

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provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not include, or extend to, any claims by the Contractor’s employee directly against the Contractor. The Contractor recognizes that this waiver was specifically entered into.

5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract Documents and assumes all risk thereof.

5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any applicable statute of repose with respect to claims, fines, costs or damages brought or made against any Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract.

5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the City may, in the City’s sole discretion, release such funds if the Contractor provides the City with adequate assurance of the protection of the City's and the other Indemnified Parties interests.

5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each

Subcontractor to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5.

6. OWNERSHIP OF DOCUMENTS

All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work, whether or not required to be furnished to the City, shall become the property of the City, shall be delivered to the City at its request, and may be used by the City without restriction.

7. PATENTS, COPYRIGHTS, AND RIGHTS IN DATA

7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available.

7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this subsection as “Subject Data”), is hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the City’s rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated in Sections 6 and 7.

7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing.

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7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are included in each subcontract for the work on the Project.

8. GENERAL PROVISIONS

8.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. In entering into this Contract, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except for those expressly contained in the Contract Documents.

8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor’s Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents.

8.3 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest in accordance with the Contract Documents.

8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue a Change Order at any time making changes within the general scope of the Contract, without invalidating the Contract and without providing notice to sureties. The City’s issuance of a unilateral Change Order shall not be construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for change or Claim due to untimeliness or the Contractor’s failure to fully comply with the requirements of the Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud.

8.5 Total Cost Method / Claims. In no event shall a Total Cost Method or a modified Total Cost Method be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision, any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest or attorneys’ fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or (ix) any other special, consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or suppliers.

8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the Contractor warrants that all portions of the Work that will be covered by a manufacturer’s or supplier’s guarantee or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties. If the City attempts to enforce a claim based upon a manufacturer’s or supplier’s guarantee or warranty and such manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting loss or damage, and repairs, incurred by the City as a result of the manufacturer’s or supplier’s refusal to honor such guarantee or warranty. This obligation survives termination of this Contract.

8.7 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect.

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8.8 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract.

8.9 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties’ successors in interest, heirs and assigns.

8.10 Time Limitation and Venue. For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and (ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim, cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor’s failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims, action, or dispute.

8.11 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City’s right to declare another breach or default.

8.12 Sole Authority/Discretion/Judgment. Where the Contract Documents provide the City or its Engineer with “sole” authority, discretion, or judgment, such authority, discretion, or judgment shall be considered unconditional and absolute.

8.13 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington.

8.14 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City.

8.15 Engineer. The Engineer is the City’s representative who directly supervises the engineering and administration of a construction Contract. The Engineer’s authorities, duties, and responsibilities are limited to those specifically identified in the Contract Documents. Designation of an individual or entity as the Engineer for the Project is solely to identify the representative of the City as the entity to act as the Engineer as described in the Contract Documents. Using the term “engineer” does not imply that such entity or person is a licensed professional engineer or an engineering company and does not import any additional obligations upon the actions of the Engineer that may govern licensed professional engineers when performing engineering services.

The Engineer for this Project is designated as: Claribel Orellana

8.16 Notices. Any notices required to be given to Contractor or to the Engineer shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing.

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CONTRACTOR: Company Attn: Individual to receive notices

Street Address City, State, Zip

PROJECT ENGINEER:

Attn: Project Engineer – Claribel Orellana 33325 8th Ave S

8.17 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract.

8.18 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor’s performance of this Contract.

8.19 Compliance with Ethics Code. If a violation of the City’s Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City’s option.

8.20 Liquidated Damages. In the event the Contractor fails to restore the elevator to full, safe, and operational service with the calendar day allowance, the Contractor shall pay to the Owner, and the Owner may deduct from any monies due to the Contractor for each calendar day. The amounts are as follows:

(1) The Contractor shall pay $500.00 per calendar day for every day past the 21 calendar day elevator out-of-service allowance

(2) The Contractor shall pay $500.00 per calendar day for every…