30-26-pw-ne-132nd-roundabout-safety-improvements-project-specs-bid-20260814.pdf

Set No. ________

Specifications, Proposal, and Contract Documents for:

NE 132nd Roundabout Safety Improvements Project

CIP No. TRC0980100 Job No. 30-26-PW

City of Kirkland Department of Public Works

123 Fifth Avenue Kirkland, Washington 98033

CITY OF KIRKLAND

DEPARTMENT OF PUBLIC WORKS

NE 132nd St Roundabout Safety Improvements Project

CIP NO. TRC0980100

JOB NO. 30-26-PW

Approved for Construction:

Rob English, PE Capital Division Manager

GENERAL TABLE OF CONTENTS

Invitation to Bid ...................................................................................................... (Tan)

General Information, Proposal & Contract..........................................................(White)

Amendments to the Standard Specifications ........................................................ (Pink)

Special Provisions .................................................................................................. (Blue)

Prevailing Wage Rates ....................................................................................... (Yellow)

Appendices ……………………………………………………………………………………. (White)

Appendix A: City of Kirkland Roadway Functional Classification

Appendix B: I-405/NE 132nd St Interchange Project – Alignment Plans – For

Reference Only

Appendix C: I-405/NE 132nd St Interchange Project – Right Of Way Plans – For

Reference Only

INVITATION TO BID

INVITATION TO BID

Notice is hereby given that the City of Kirkland will receive sealed bids in the office of the Purchasing Agent, City Hall, 123 Fifth Avenue, Kirkland, Washington, at 2:00 P.M., local time on August 28, 2026, for the project hereinafter referred to as:

NE 132nd Roundabout Safety Improvements Project

CIP NO. TRC0980100

PROJECT JOB NO. 30-26-PW

At said time all bids will be opened and publicly read aloud. Each bid shall be accompanied by a bid proposal deposit in the form of a cashier’s check or a bond issued on a form acceptable to your surety made payable to the City of Kirkland for a sum of not less than five percent (5%) of the total bid amount. No bid shall be considered unless accompanied by such bid proposal deposit. Incomplete proposals and proposals received after the time stated above will not be considered. Faxed or emailed responses are not acceptable.

The work to be performed under these specifications consists of furnishing all labor, tools, materials, and equipment necessary for construction of the NE 132nd Roundabout Safety Improvements Project. Specific work includes, but is not limited to modifications to the existing permanent striping and signage, and installing speed cushions to control roundabout entrance speeds. The estimated cost for this project is in the range of $130,000 to $170,000 based on the base bid.

The City will not sell bid packages. Plans, specifications, and addenda may be viewed and obtained online at www.bxwa.com. Click on: “Posted Projects”; “Public Works”, “City of Kirkland”. The Bidders List is maintained by the Builder’s Exchange of Washington, Inc.

Information for registering for the Bidders List can be found at www.bxwa.com/membership.html or by phoning (425) 258-1303, or in person at Builder’s Exchange of Washington located at 2607 Wetmore Ave, Everett, WA.

The City of Kirkland in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 USC 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.

Questions regarding this project shall be submitted in writing to Ephraim Baclagan via email only at ebaclagan@kirklandwa.gov. Questions via phone will not be accepted. Bidders shall submit questions no later than 5:00 P.M. on August 27, 2026.

The City reserves the right to reject any and all bids, and to waive any irregularities or informalities in the bidding, and to make the award to the lowest, responsive, responsible bidder as best serves the interests of the City.

No bids may be withdrawn within sixty (60) days after the actual date of the bid opening.

Published: Daily Journal of Commerce – August 14, 2026

GENERAL INFORMATION,

PROPOSAL,

& CONTRACT

MUST BE SUBMITTED WITH PROPOSAL

BID PROPOSAL

TABLE OF CONTENTS – PROPOSAL

Information for Bidders

Bidder Responsibility Criteria Checklist

Subcontractor Responsibility Criteria Checklist

Bid Proposal

Bid Schedule

Bid Bond………………………………………………………………………………………………. 10

Non-collusion Affidavit

Statement of Bidder's Qualifications

Subcontractor Identification

Bidder's Checklist ……………………………………………………

BID PROPOSAL - 2 -

INFORMATION FOR BIDDERS

Bidders must bid on all items contained in the proposal.

The omission or deletion of any bid item will be considered non-responsive and shall be cause for rejection of the bid.

Submit your proposal on the Bid Proposal and other forms which are enclosed, or make a copy of the required forms and submit these documents.

The following forms must be executed in full with submittal of the bid:

1. BIDDER RESPONSIBILITY CRITERIA CHECKLIST

2. SUBCONTRACTOR RESPONSIBILITY CRITERIA CHECKLIST

3. PROPOSAL

The lump sum or unit prices must be shown in the spaces provided on the bid schedule.

Show total bid price in both words and figures on the Proposal.

The Proposal form must be completed in full, signed and dated.

4. BID BOND

A surety issued bid bond must be executed by the bidder and its surety company. The amount of the bid bond shall be not less than five percent (5%) of the total amount bid and may be shown in dollars or on a percentage basis. (A cashier’s check payable to the City of Kirkland and issued for an amount not less than 5% of the total bid may be submitted in lieu of a bid bond.)

5. NONCOLLUSION AFFIDAVIT - Notarized

6. STATEMENT OF BIDDER'S QUALIFICATIONS

This form must be filled in and signed. The owner reserves the right to check all statements and to judge the adequacy of the bidder's qualifications.

7. SUBCONTRACTOR IDENTIFICATION LIST

This form must be completed in compliance with RCW 39.30.060 if the estimate exceeds $1,000,000.

The following forms are to be executed after the contract is awarded:

1. CONTRACT

This agreement is to be executed by the successful bidder.

2. PERFORMANCE AND PAYMENT BOND

To be executed by the successful bidder and its surety company.

3. CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT OF STATUTORY

RETAINED PERCENTAGE; RETAINED PERCENTAGE ESCROW AGREEMENT

To be executed by the successful bidder based on bidder's selection of option.

4. CERTIFICATES OF INSURANCE

To be executed by the successful bidder and by an acceptable insurance company. The City of Kirkland must be named as an additional insured.

5. STATEMENT(S) OF INTENT TO PAY PREVAILING WAGES

Affidavit certifying all employees of Contractor and Subcontractor shall be paid no less than the Prevailing Wage Rate(s) as determined by the Industrial Statistician of the Washington State Department of Labor and Industries.

SPECIAL NOTE: Prior to commencing work, the contractor and all subcontractors .

must have applied and paid for a City of Kirkland business license

BID PROPOSAL - 3 -

BIDDER RESPONSIBILITY CRITERIA CHECKLIST

It is the intent of City to award a contract to the low responsible bidder. Before award, the bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. The bidder must:

□ 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal;

□ 2. Have a current Washington Unified Business Identifier (UBI) number;

□ 3. Have:

a. Industrial Insurance (workers’ compensation) coverage for the bidder’s employees working in Washington, as required in Title 51 RCW;

b. A Washington Employment Security Department number, as required in

Title 50 RCW;

c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

□ 4. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065(3). Meet responsibility criteria in RCW 39.04.350

□ 5. Until December 31, 2017, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of

RCW 39.04.370.

□ 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project.

SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA CHECKLIST

The bidder must:

□ 1. Have not delivered a project to the Contracting Agency within the three-year period immediately preceding the date of the bid submittal which was late, over budget, or did not meet specifications;

□ 2. Have successfully completed projects of a similar size and scope as required by the contract documents for this project;

BID PROPOSAL - 4 -

□ 3. Not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue;

□ 4. Within the five-year period immediately preceding the date of the bid submittal, not have a record of excessive claims filed against its retainage or payment bonds for public works projects that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers;

□ 5. Within the five-year period immediately preceding the date of the bid submittal, not have had any public works contract terminated for cause or terminated for default by a government agency;

□ 6. Within the five-year period immediately preceding the date of the bid submittal, not have lawsuits with judgments entered against the bidder that demonstrate a pattern of failing to meet the terms of contracts;

□ 7. Within the five-year period immediately preceding the date of the bid submittal, not have a record of prevailing wage complaints filed against it that demonstrates a pattern of failing to pay workers prevailing wages;

□ 8. Not currently be debarred or suspended by the federal government;

□ 9. Use a standard subcontract form that includes the subcontractor responsibility language required by RCW 39.06.020, and have an established procedure which it utilizes to validate the responsibility of each of its subcontractors;

□ 10. Within the five-year period immediately preceding the date of the bid submittal, have not, and/or its owners have not, been convicted of a crime involving bidding on a public works contract;

□ 11. Demonstrate a record of successful and timely resolution of Change Orders including compliance with public contract Change Order resolution procedures.

BID PROPOSAL - 5 -

SUBCONTRACTOR RESPONSIBILITY CRITERIA CHECKLIST

□ A. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier.

□ B. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria:

□ 1. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal;

□ 2. Have a current Washington Unified Business Identifier (UBI) number;

□ 3. Have:

a) Industrial Insurance (workers’ compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RC

b) A Washington Employment Security Department number, as required in Title

50 RCW;

c) A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW;

d) An electrical contractor license, if required by Chapter 19.28 RCW;

e) An elevator contractor license, if required by Chapter 70.87 RCW.

□ 4. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065 (3). Meet responsibility criteria in RCW 39.04.350

□ 5. Until December 31, 2017, not have violated more than one time the off-site, prefabricated, non-standard, project specific items reporting requirements of RCW 39.04.370.

□ 6. For public works projects subject to the apprenticeship utilization requirements of RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for the project.

BID PROPOSAL - 6 -

BID PROPOSAL

NE 132nd Street Roundabout Safety Improvements Project

To: Director of Finance

123 Fifth Avenue Kirkland, Washington 98033

The undersigned, hereinafter called the Bidder, declares that the only persons or parties interested in this proposal are those named herein; that this proposal is in all respects fair and without fraud; that it is made without collusion with any official or employee of the City of Kirkland, hereinafter called the Owner; and that the proposal is made without any connection or collusion with any person making another proposal on this contract.

The Bidder further declares that it has carefully examined the contract documents for the construction of the project; that it has personally inspected the site; that it has satisfied itself as to the quantities involved, including materials and equipment and conditions of work involved, including the fact that the description of the quantities of work materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the contract documents; and that this proposal is made according to the provisions and under the terms of the contract documents, which documents are hereby made a part of this proposal.

The Bidder further agrees that it has exercised its own judgment regarding the interpretation of subsurface information and has utilized all data which it believes pertinent from the engineer-architect, owner, and other sources in arriving at its conclusions.

The Bidder agrees to hold its bid proposal open for 60 days after the actual date of bid opening and to accept the provisions of the Instructions to Bidders regarding disposition of bid bond.

The Bidder agrees that if this proposal is accepted, it will, within twenty (20) calendar days after notification of acceptance, execute the contract with the Owner in the form of contract included in the contract documents, and will, at the time of execution of the contract, deliver to the Owner the Performance and Payment Bond and all Certificates of Insurance required therein, and will, to the extent of its proposals, furnish all machinery, tools, apparatus, and other means of construction and do the work in the manner, in the time, and according to the methods as specified in the contract documents and required by the engineer or other project manager designated thereunder.

The Bidder further agrees, if awarded the contract, to begin work within ten (10) calendar days after the date of the execution of the contract and to complete the construction within the time specified in Section 1-08.5 of the Special Provisions.

In the event the Bidder is awarded the contract and shall fail to complete the work within the time limit or extended time limit agreed upon as more particularly set forth in the contract documents, liquidated damages shall be paid to the Owner per the specifications contained in the contract documents.

BID PROPOSAL - 7 -

The Bidder further proposes to accept as full payment for the work proposed herein, the amounts computed under the provisions of the contract documents and based upon the lump sum and unit price amounts entered by the Bidder for the various bid items included in the Bid Schedule. The Bidder further agrees the lump sum and unit prices entered for the various bid items included in the Bid Schedule include all use taxes, overhead, profit, bond premiums, insurance premiums and all other miscellaneous and incidental expenses as well as all costs of materials, labor, tools and equipment required to perform and complete the work.

Within the three-year period immediately preceding the date of the bid solicitation for this Project, Bidder has not been 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 to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW.

The undersigned bids and agrees to complete all construction of the NE 132nd Street Roundabout Safety Improvement Project; JOB NO. 30-26-PW for the following:

Total Computed Price (in figures): $ _____

Washington State Sales Tax 10.4% per WAC 458-20-171 (in figures): $_Not Applicable__

Total Bid (in figures): $ ________

Total Bid (in words):

Receipt of Addenda No(s). ____________________________ is hereby acknowledged.

I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct:

CONTRACTOR (Firm Name) Location or Place Executed: (City, State)

By Name and title of person signing

(Indicate whether Contractor is Partnership, Date Corporation, or Sole Proprietorship)

Washington State Contractor's Contractor's Industrial Insurance Registration Number Account Number

Employment Security Identification Uniform Business Identification Number (UBI) Number

BID PROPOSAL - 8 -

Contractor's Address:

Telephone Number

Fax Number

EMAIL

** Bid proposal to be submitted in a sealed envelope marked "Bid Enclosed" for

NE 132nd Street Roundabout Safety Improvement Project; CIP No. TRC0980100, JOB

NO. 30-26-PW.

BID PROPOSAL - 9 -

BID SCHEDULE

NE 132nd Street Roundabout Safety Improvements Project

JOB NO. 30-26-PW

Note: Unit prices for all items, all extensions, and the total amount of the bid must be shown. All entries must be typed or entered in ink.

Item Item Description

Spec Est.

Unit Unit Price Amount No. Ref. Qty.

1 Minor Change 1-04 1 FA $10,000 $10,000

2 Construction Surveying 1-05 1 LS

3 Record Drawings 1-05 1 LS $1,000 $1,000

Spill Prevention, Control & Countermeasures (SPCC) Plan 1-07.15 1 LS

5 Mobilization 2-01 1 LS

6 Temporary Traffic Control 2-04 1 LS

7 Erosion Control & Water Pollution Prevention 8-01.5 1 LS

8 Property Restoration 8-02.3 1 LS

9 Speed Cushions per Detail 1 Sheet PVD01 8-05 5 EA

10 Speed Cushions per Detail 2 Sheet PVD01 8-05 2 EA

11 Speed Cushions per Detail 3 Sheet PVD01 8-05 1 EA

12 Permanent Signing 8-21.5 1 LS

13 Removal of Pavement Markings 8-22 1 LS

14 Plastic Wide Line 8-22 2830 LF

15 Plastic 12-inch Wide Line 8-22 40 LF

16 Plastic Crosshatch Marking 8-22 600 LF

17 Plastic Traffic Arrow 8-22 6 EA

18 Plastic Traffic Letter 8-22 4 EA

Thermoplastic for Speed Cushions per Detail 1 Sheet PVD01 8-22 5 EA

Thermoplastic for Speed Cushions per Detail 2 Sheet PVD01 8-22 2 EA

Thermoplastic for Speed Cushions per Detail 3 Sheet PVD01 8-22 1 EA

TOTAL COMPUTED PRICE: $

BID PROPOSAL - 10 -

BID DEPOSIT

Herewith find deposit in the form of a cashier’s check or certified check in the amount of

$___________________which amount is not less than five percent (5%) of the total bid.

SIGN HERE__________________________________

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS:

That we, ______________________________________________________________, as Principal, and

______________________________________________________________________, as Surety, are held and firmly bound unto the City of Kirkland, as Obligee, in the penal sum of __________________

_________________________________________________ dollars, for the payment of which the

Principal and the Surety bind themselves, their heirs, 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

Project Name Job Number according to the terms of the proposal or bid made by the Principal therefor, 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 faithful performance thereof, with Surety or Sureties approved by the Obligee;

or if the Principal shall, in case of failure to do so, 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: SURETY:

Note: If a Bid Bond is provided, it must be accompanied by a power of attorney which appoints the Surety’s true and lawful attorney-in-fact to make, execute, seal and deliver this Bid Bond.

NONCOLLUSION AFFIDAVIT

NE 132nd Street Roundabout Safety Improvements Project

STATE OF WASHINGTON )

) SS

COUNTY OF KING )

The undersigned, being duly sworn, on oath deposes and says that the Bidder herein named presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. The undersigned further states on oath that in the performance of this contract, no person having any conflicting interest shall be employed, and that any interest on the part of the Bidder or its employees will be disclosed forthwith to the City of Kirkland. The undersign further states on oath that the Bidder has 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 the project for which this proposal is submitted.

Bidder Name Authorized Signature

Type Name

Title

Sworn to before me, this _____ day of ____________________, 20__.

Notary Public in and for the State of Washington Residing at My Commission Expires

NOTICE TO ALL BIDDERS

To report bid rigging activities call: 1-800-424-9071

The U.S. Department of Transportation (USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., ET. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities.

The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General.

All information will be treated confidentially and caller anonymity will be respected.

STATEMENT OF BIDDER'S QUALIFICATIONS

Contractor Name: Contact:

Business Address:

Business phone: Fax:

Number of years the Contractor has been engaged in the construction business under the present firm name:

Describe the general character of work performed by your company:

List five projects of a similar nature which Contractor has completed within the last 10 years.

Include contract amount and contact information for references:

Project Name Amount Owner/Agency Contact Phone Year Completed

List major equipment anticipated to be used on this project; indicate whether Contractor-owned or to be leased from others:

Bank reference(s):

Washington State Contractor Registration No.:

Uniform Business Identification No.:

I certify that other contracts now in progress or hereafter obtained will not interfere with timely performance of the City of Kirkland project should I become the successful bidder.

Authorized Signature:

Print Name: Title:

SUBCONTRACTOR IDENTIFICATION FOR CONTRACTS ESTIMATED TO BE

IN EXCESS OF ONE MILLION DOLLARS ($1,000,000.00)

RCW 39.30.060 requires the following:

“(1) Every invitation to bid on a prime contract that is expected to cost $1,000,000 or more for the construction, alteration, or repair of any public building or public work of … a … municipality as defined under RCW 39.04.010 … shall require each prime contract bidder to submit:

(a) At the published bid submittal time, the names of the subcontractors and proof of license with whom the bidder, if awarded the contract, will subcontract for performance of the work of: HVAC (heating, ventilation, and air conditioning);

plumbing as described in chapter 18.106 RCW; and electrical as described in chapter 19.28 RCW, or to name itself for the work, if it is licensed to perform the work for which it has named itself. …; and

(b) Within forty-eight hours after the published bid submittal time, the names of the subcontractors with whom the bidder, if awarded the contract, will subcontract for performance of the work of structural steel installation and rebar installation.

(2) The prime contract bidder shall not list more than one subcontractor for each category of work identified, unless subcontractors vary with bid alternates, in which case the prime contract bidder must indicate which subcontractor will be used for which alternate. Failure of the prime contract bidder to submit as part of the bid the names of such subcontractors or to name itself to perform such work or the naming of two or more subcontractors to perform the same work shall render the prime contract bidder's bid non-responsive and, therefore, void."

Each bidder shall submit a list of:

1. HVAC, plumbing, electrical, structural steel installation, and rebar installation subcontractors; and

2. The specific items of work those subcontractors will perform on the contract;

and

3. The specific items of work that will be performed by the bidder on the contract relating to work described in RCW 39.30.060.

SUBCONTRACTOR IDENTIFICATION LIST

*REQUIRED IF ESTIMATE AMOUNT EXCEEDS $1,000,000 (Reference RCW 39.30.060

RCW)

Proposed Subcontractors and items of work to be performed:

Subcontractor Name:

Subcontractor License #: ______________________________________________________

Item Numbers:

Subcontractor Name:

- make additional pages if necessary -

Work to be performed by Prime Contractor:

BIDDER'S CHECKLIST

1. Have you reviewed the Bidder Responsibility and Subcontractor Responsibility Criteria?

2. Have you enclosed a bid bond or certified check with your bid? (Must be at least 5% of the total amount bid)

3. Have you entered a bid amount for all items and all schedules?

4. Do the written amounts of the proposal agree with the amounts shown in the figures?

5. Have you acknowledged receipt of addenda?

6. Has the proposal been properly completed and signed?

7. Have you completed the Statement of Bidder's Qualifications?

8. Have you completed the City of Kirkland Non-collusion Affidavit?

9. Have you completed the Subcontractor Identification List? (This is to be completed if the estimate amount exceeds $1,000,000.)

10. Bid proposal to be submitted in a sealed envelope marked "Bid Enclosed" for:

CONTRACT

INFORMATION ONLY

The following forms must be executed and submitted by the successful bidder within five (5) calendar days following Notice of Award.

TABLE OF CONTENTS – CONTRACT DOCUMENTS

Contract

Performance and Payment Bond

Labor and Material Payment Bond

Contractor's Declaration of Option for Management of Statutory Retained Percentage

Retainage Bond

Retained Percentage Escrow Agreement

Retainage Release Requirements

PUBLIC WORKS AGREEMENT

Version:063020

NE 132nd Street Roundabout Safety Improvements Project

This agreement is made and entered into this day of , 20____, by and between CONTRACTOR NAME, hereinafter called the "Contractor" and the City of Kirkland, hereinafter called the "City."

W I T N E S S E T H:

Whereas, pursuant to the invitation of the City extended through an officially published "Invitation to Bid," the Contractor did, in accordance therewith, file with the City a proposal containing an offer which was invited by said notice, and

Whereas, the City has heretofore determined that said offer was the lowest responsible bid submitted;

now, therefore, it is agreed:

Section 1. That Contractor shall comply in every way with the requirements of those certain specifications entitled: “NE 132nd Street Roundabout Safety Improvements Project, Job No. 30-26-PW”

The further terms, conditions and covenants of the contract are set forth in the following contract documents which are hereby made a part of this agreement by actual attachment or by this reference thereto as follows:

A. Invitation to Bid, as published by the City.

B. Specifications prepared for this project by the City and named above by title.

C. Detailed Plans listed and described in said Specifications, together with those which may be issued as supplements thereof.

D. The bid proposals submitted by the Contractor as to those items and/or alternatives accepted by the City.

E. Any written change orders, additions or deletions, if any, issued by the City, pursuant to this agreement.

F. Indemnification and insurance provisions included in the project documents shall apply to this agreement.

Section 2. In consideration of faithful compliance with the terms and conditions of this agreement, whether set forth herein or incorporated by reference, the Owner shall pay to the Contractor, at the times and in the manner provided in said specifications, the total sum of _________________________ dollars ($____________) which sum is subject, however, to increase or decrease in such proportion as the quantities named in said proposal are so changed, all as in said specifications and proposal provided.

In witness whereof, said Contractor and said City have caused this agreement to be executed on the day and year first written above.

CONTRACTOR (Firm Name)

Signature of authorized officer Name and title of officer (print or type)

WA Contractor's Registration Number Industrial Insurance Account Number

Uniform Business Identification (UBI) Number Phone Number

(For corporations, LLC’s and other legal entities)

) SS

COUNTY OF KING )

On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ________________________________, to me known to be the _______________________ of ______________________, the legal entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said legal entity, for the uses and purposes therein set forth, and on oath stated that he/she was authorized to sign said instrument.

Given under my hand and official seal this ______ day of ________________, 2____.

Print Name: ________________________ NOTARY PUBLIC in and for the State of Washington, residing __________ Commission expires: __________

(For individuals and d/b/a’s)

) SS

COUNTY OF KING )

On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared __________________________________ and _______________________________________ to me known to be the individual(s) described herein and who executed the foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and official seal this ______ day of ________________, 2____.

Print Name: ________________________ NOTARY PUBLIC in and for the State of Washington, residing __________ Commission expires: _________

CITY OF KIRKLAND

BY:

Tracey Dunlap, Deputy City Manager

PERFORMANCE BOND

Surety to have an A.M. Best rating of A-:VII or better.

Bond No. ___________________________

KNOW ALL PERSONS BY THESE PRESENTS, that CONTRACTOR NAME, as Principal, and ______________________________________________, (insert name of surety), as Surety, a corporation duly organized under the laws of the State of ______________, (insert Surety’s state of incorporation), and authorized to do business as a surety in the State of Washington, are held and firmly bound unto the City of Kirkland (City) in the sum of _________________________________ dollars ($_____________), lawful money of the United States of America, plus the total amount of extra orders issued by the City to the Principal pursuant to the terms of the Contract referred to in the next succeeding paragraph hereof, for the payment whereof Principal and Surety bind ourselves, and our heirs, executors, administrators, representatives, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, the Principal has been awarded, and is about to enter into, a written Contract with the City for NE 132nd Street Roundabout Safety Improvements Project, CIP NO. TRC0980100, JOB NO. 30-26-PW, which is hereby made a part of this bond as if fully set forth herein;

NOW, THEREFORE, the condition of this bond is such that:

1. If the Principal shall completely and faithfully perform all of its obligations under the Contract, including any warranties required thereunder, and all modifications, amendments, additions, and alterations thereto, including modifications which increase the contract price or time for completion, with or without notice to the surety; and

2. If the Principal shall indemnify and hold the City harmless from any and all losses, liability, damages, claims, judgments, liens, costs, and fees of any type that the City may be subject to because of the failure or default of the Principal in the performance of any of the terms, conditions, or obligations of the Contract, including all modifications, amendments, additions, and alterations thereto, and any warranties required thereunder;

THEN THIS obligation shall be null and void; otherwise to remain in full force and effect. If the City shall declare Principal to be in default of the Contract, and shall so notify Surety, Surety shall, within a reasonable time which shall not exceed 14 days, except for good cause shown, notify the City in writing of the manner in which surety will satisfy its obligations under this Bond.

Nonpayment of the Bond premium will not invalidate this Bond nor shall the City be obligated for the payment thereof. The Surety hereby waives notice of any modification of the Contract or extension of time made by the City.

Signed this _________ day of ________________________, 2____.

Principal: Surety:

By: By:

Title: Title:

Address: Address:

City/Zip: City/Zip:

Telephone: ( ) Telephone: ( )

Note: A power of attorney must be provided which appoints the Surety's true and lawful attorney-in-fact to make, execute, seal and deliver this performance bond.

LABOR, MATERIAL AND TAXES PAYMENT BOND

Surety to have an A.M. Best rating of A-:VII or better.

Bond No. _______________________________________

KNOW ALL PERSONS BY THESE PRESENTS, that, CONTRACTOR NAME, as Principal, and _________________________________________, (insert name of surety), as Surety, a corporation duly organized under the laws of the State of __________________ (insert Surety’s state of incorporation), and authorized to do business as a surety in the State of Washington, are held and firmly bound unto the City of Kirkland (City) for the use and benefit of claimants as hereinafter defined, in the sum of ____________________________ Dollars ($__________), lawful money of the United States of America, plus the total amount of any extra orders issued by the City, for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, representatives, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal has been awarded, and is about to enter into, a Contract with City of Kirkland for NE 132nd Street Roundabout Safety Improvements Project, CIP NO. TRC0980100, JOB NO.

30-26-PW, which contract is by this reference made a part hereof;

WHEREAS, the contract is a public works contract, subject to the provisions of RCW Titles 39 and 60;

NOW, THEREFORE, the conditions of this obligation are such that, if the Principal shall promptly make payment to all claimants as hereinafter defined, for (a) all labor and material used or reasonably required for use in the performance of the contract and (b) all taxes, increases, and penalties incurred on the above-referenced contract under Titles 50, 51, and 82 RCW which may be due, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions:

A claimant is defined as and includes (a) a person claiming to have supplied labor or materials for the prosecution of the work provided for in the contract, including any person having direct contractual relationship with the contractor furnishing the bond or direct contractual relationship with any subcontractor, or an assignee of such person, (b) the state with respect to taxes incurred on the above-referenced contract under Titles 50, 51, and 82 RCW which may be due and (c) any other person or entity as allowed or required by law.

3. The Principal and Surety hereby jointly and severally agree with the City that every claimant as herein defined, who has not been paid in full prior to Final Acceptance of the project, or materials were furnished by such claimant, has an action on this bond for such sum or sums as may be justly due claimant, and may have execution thereon. The City shall not be liable for the payment of any costs or expenses of any such suit or action.

(Form continues on next page)

4. No suit or action shall be commenced hereunder by any claimant (except the state with respect to taxes, increases, and penalties incurred on the above-referenced contract under Titles 50, 51, and 82 RCW which may be due) unless the claimant has sent the written notice required under RCW Title 39 to the Principal and to the City’s Purchasing Agent by registered or certified mail, or by hand delivery, no later than 30 days after Final Acceptance of the Project.

The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against the improvement, whether or not claim for the amount of such lien be presented under and against this bond.

The Surety hereby waives notice of any modification of the contract or extension of time made by the City.

Signed this day of , 2____ Principal: Surety:

By: By:

Title: Title:

Address: Address:

City/Zip: City/Zip:

Telephone: ( ) Telephone: ( )

Note: A power of attorney must be provided which appoints the Surety's true and lawful attorney-in-fact to make, execute, seal and deliver this performance bond.

END OF LABOR, MATERIAL AND TAXES PAYMENT BOND FORM

CONTRACTOR'S DECLARATION OF OPTION FOR MANAGEMENT

OF STATUTORY RETAINED PERCENTAGE

Monies reserved under provisions of Chapter 60.28 RCW, at the option of the Contractor, shall be:

Select One

[ ] (1) Retained in a fund by the City. No interest will be earned on the retained percentage amount under this election.

[ ] (2) Retainage Bond

[ ] (3) Placed in escrow with a bank or trust company by the City. When the monies reserved are to be placed in escrow, the City will issue a check representing the sum of the monies reserved payable to the bank or trust company and the Contractor jointly. Such check shall be converted into bonds and securities chosen by the Contractor and approved by the City and the bonds and securities held in escrow. (For the convenience of those Contractors choosing option (3) a City approved Form of Escrow Agreement is included on the next page and should be completed and submitted with the executed contract.)

The Contractor in choosing option (3) agrees to assume full responsibility to pay all costs which may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities.

[ ] (4) Deposited by the City in an interest-bearing account at the FDIC insured bank currently providing contracted banking services to the City of Kirkland. Interest on such account shall be paid to the contractor. Any fees incurred shall be the responsibility of the contractor.

CONTRACTOR:

Signature:

Print or Type Name:

Title:

Date:

RETAINAGE BOND

RETURN THIS FORM IF RETAINAGE BOND OPTION IS SELECTED

Contract Title ___________________________________

Contract Number ___________________________________

Contractor Name

The Undersigned, ________________________________________, existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington as Principal, and ______________________________ organized and existing under the laws of the State of ________________ and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto________________, hereinafter called Obligee, and are similarly held and bound unto the beneficiaries of the trust fund created by RCW 60.28, in the penal sum of ______________________________________________________ ($_______________), Which is 5% of the principal’s price on Contract ID_____________.

WHEREAS, on the _____________ day of __________, 2____, the said principal herein executed a contract with the Obligee, for the Contract specified above, Contract ID Number_______.

WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of ___% from monies earned on estimates during the progress of the construction, herein after referred to as earned retained funds.

NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28.

NOW THEREFORE, the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of percent (___%) of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect until release is authorized in writing by the Obligee. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28.

PROVIDED HOWEVER, that:

1. The liability of the surety under this bond shall not exceed 5% or 50% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction.

2. Any suit under this bond must be instituted within the time provided by applicable law.

Witness our hands this day of , 2____.

SURETY PRINICPAL

By:_______________________________ By:___________________________________ Name/Title Name/Title

OF:_______________________________ OF:___________________________________

Surety Name and Local Office of Agent:______________________________________________________

Surety Address and Phone of Local Office and Agent:___________________________________________

RETAINED PERCENTAGE ESCROW AGREEMENT

Escrow No.

123 Fifth Avenue Kirkland, Washington 98033

Contractor:

Address:

Project Description:

TO: Escrow Bank or Trust Company:

Name:

Address:

Attention:

The undersigned, _____________________________________________, herein referred to as the Contractor, has directed the City of Kirkland to deliver to you its warrants, which shall be payable to you and the Contractor jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth.

INSTRUCTIONS

1. Warrants or checks made payable to you and the Contractor jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by the City of Kirkland. Attached is a list of such bonds, or other securities approved by the City of Kirkland. Other bonds or securities, except stocks, may be selected by the Contractor, subject to the express written approval of the City of Kirkland. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so at the direction of the City of Kirkland and Contractor.

2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address designated below unless otherwise directed by the Contractor.

3. You are not authorized to deliver to the Contractor all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the City of Kirkland's warrants) except in accordance with written instructions from the City of Kirkland. Compliance with such instructions shall relieve you of any further liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is _____________________________.

4. The Contractor agrees to pay you as compensation for your services hereunder as follows:

Payment of all fees shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the City of Kirkland directs the release to the Contractor of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for hereinabove. In the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorneys fees occasioned by such default, delay, controversy, or litigation.

5. This agreement shall not be binding until executed by the Contractor and the City of Kirkland and accepted by you.

6. This instrument contains the entire agreement between you, the Contractor and the City of Kirkland, with respect to this escrow and you are not a part nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever, except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct.

7. The foregoing provisions shall be binding upon the assigns, successors, personal representatives, and heirs of the parties hereto.

8. The Contractor's Federal Income Tax Identification number is

** Please note: Written release will be issued by the Director of Finance & Administration. For further information, contact the Purchasing Agent at (425) 587-3123.

The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this agreement on this ____ day of ____________________, 20___.

CONTRACTOR: CITY OF KIRKLAND:

By: By:

Signature Signature

Print or Type Name Print or Type Name

Title Title

Address: 123 Fifth Avenue

The above escrow instructions received and accepted this ___ day of ________________, 20___.

ESCROW BANK OR TRUST CO:

By:

Authorized Signature

Print or Type Name

Title

Securities Authorized by City of Kirkland (select one):

1. Bills, certificates, notes or bonds of the United States;

2. Other obligations of the United States or its agencies;

3. Obligations of any corporation wholly-owned by the government of the United States;

4. Indebtedness of the Federal National Mortgage Association; and

5. Time deposits in commercial banks.

RETURN THIS SIGNED AGREEMENT TO:

Attn: Purchasing Agent

123 Fifth Avenue

RETAINAGE RELEASE REQUIREMENTS

DOCUMENTS REQUIRED TO BE ON FILE PRIOR TO RELEASE OF RETAINAGE

1. Intent to Pay Prevailing Wage (Contractor must generation including for subcontractors)

Department of Labor/Industries Employment Standards Division General Administration Building Olympia, Washington 98504

(360) 956-5335

2. Notice of Completion of Public Works Contract (City generates)

Department of Revenue Excise Tax Division Olympia, Washington 98504

3. Affidavit of Wages Paid (Contractor must generate including for subcontractors)

Department of Labor/Industries

4. Certificate of Release - State Excise Tax by Public Works Contractor (Letter from State to City)

Department of Revenue Department of Labor and Industries Employment Security Department

5. Receipt for Payment in full or Release…