HomeMy WebLinkAboutContract 17-25 Auburn Senior Activity Center Interior PaintingSMALL PUBLIC WORK CONTRACT NO. 17-25
AUBURN SENIOR ACTIVITY CENTER INTERIOR PAINTING
THIS CONTRACT is entered into between the City of Auburn, a Washington Municipal
Corporation ("City"), and Wheeler Painting, Inc ("Contractor"), whose mailing address is PO Box 1043,
Maple Valley, WA, 98038..
The parties agree as follows:
I. CONTRACTOR SERVICES. The Contractor shall do all work and furnish all tools,
materials and equipment for the interior painting of the Auburn Senior Activity Center in
accordance with this Contract form and as shown on the attached Exhibit "A", which is by
this reference incorporated herein and made a part hereof.
The complete Contract includes the following parts, which are by this reference
incorporated herein and made a part hereof. Any inconsistency in the parts of the Contract
shall be resolved by the order in which they are listed:
A. Exhibit A -Quote Proposal Form
B. Small Public Work Contract
C. Invitation to Submit Quote
D. Washington State Department of Labor & Industries Prevailing Wage Rates and Benefit
Key Code effective 6/23/17.
In case of any ambiguity or dispute over interpreting the Contract, the City Engineer's
decision will be final.
II. CITY OF AUBURN BUSINESS LICENSE REQUIRED. In order to do business in the
City of Auburn, you are required to have a current City of Auburn business license. All
subcontractors and lower tier subcontractors working on the project must also have a City of
Auburn business license.
III. NOTICE TO PROCEED: A Notice to Proceed will be issued once the Contract has been
fully executed by the Contractor and City, and all required documents as set forth in this
Contract and all requirements as set forth in the award letter have been met.
IV. TIME OF COMPLETION. The Contractor shall complete the work within 45 working
days from the date of issuance of the City's Notice to Proceed.
V. HOURS OF WORK. Normal working hours for the Contract shall be any consecutive 8 -
hour period between 6:00 a.m. and 6:00 p.m., Monday through Friday. If the Contractor
desires to perform work on holidays, Saturdays, Sundays, or between the hours of 6:00 p.m.
and 10:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for
permission to work such times. Permission to work longer than an 8 -hour period between
6:00 a.m. and 6:00 p.m. is not required. Such requests shall be submitted to the Engineer two
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
Page I of 12
(2) working days prior to the day for which the Contractor is requesting permission to work.
The City reserves the right to grant or deny any such request at its sole discretion.
Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and
between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject
to noise control requirements, as indicated in Auburn City Code Chapter 8.28.010 entitled
"Noise Control." If the Contractor desires to work during restricted times, the Contractor
shall submit a written request to the Engineer fourteen (14) calendar days prior to the day for
which the Contractor is requesting permission to work. The written request will include
specific days and times and description of work to be performed and the reasons the work
cannot be performed during the normal hours of work. The City reserves the right to grant or
deny any such request at its sole discretion. If approval is granted, it may be revoked at any
time the City receives complaints from the public or adjoining property owners regarding the
noise from the Contractor's operations. The Contractor shall have no claim for damages or
delays should such permission be revoked for any reason.
VI. COMPENSATION. The Contractor shall do all work and furnish all tools, materials, and
equipment for the work and services contemplated in this Contract for the lump sum price of
thirty seven thousand three hundred sixty dollars ($37,360.00), and Washington State Sales
Tax of three thousand seven hundred thirty six dollars ($3,736.00) for a total of forty one
thousand ninety six dollars ($41,096.00.)
A. Performance Bond. The Contractor shall furnish the City with an executed performance
bond for the full Contract amount of forty one thousand ninety six dollars ($41,096.00.)
B. Retaina;;e. The City shall hold back retainage in the amount of five percent (5%) of any
and all payments made to the Contractor pursuant to RCW 39.08.010. The Contractor
can choose to have the retainage held by the City in a non-interest bearing account, have
it placed in an Escrow (interest bearing) Account, or submit a bond in lieu of retainage.
Said retainage shall be held by the City for a period of forty-five (45) days after the date
of final acceptance, or until receipt of all necessary releases from the State Department
of Revenue and State Employment Security Department, including Affidavits of Wages
paid for the Contractor and each and every subcontractor, and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work. The City reserves its right to withhold payment from
the Contractor for any defective or unauthorized work. Defective or unauthorized work
includes, without limitation: work and materials that do not conform to the requirements
of this Contract; and extra work and materials furnished without the City's written
approval. If the Contractor is unable, for any reason, to satisfactorily complete any
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
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portion of the work, the City may complete the work by contract or otherwise, and the
Contractor shall be liable to the City for any additional costs incurred by the City.
"Additional costs" shall mean all reasonable costs, including legal costs and attorney
fees, incurred by the City beyond the maximum Contract price specified above. The City
further reserves its right to deduct the cost to complete the Contract work, including any
additional costs, from any and all amounts due or to become due the Contractor.
D. Final Payment: Waiver of Claims. The making of final payment (excluding withheld
retainage) shall constitute a waiver of claims, except those previously and properly made
and identified by the Contractor as unsettled at the time request for final payment is
made.
VII. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor -
Employer Relationship will be created by this Contract, the City being interested only in the
results obtained under this Contract.
VIII. SUBCONTRACTING. Work done by the Contractor's own organization shall account for
at least 30 (thirty) percent of the awarded Contract price. Before computing this percentage
however, the Contractor may subtract (from the awarded Contract price) the costs of any
subcontracted work on items the Contract designates as specialty items.
The Contractor shall not subcontract work unless the City approves in writing. Each
request to subcontract shall be on the form the City provides. If the City requests, the
Contractor shall provide proof that the subcontractor has the experience, ability, and
equipment the work requires. The Contractor shall require each subcontractor to comply
with RCW 39.12 (Prevailing Wages on Public Works) and to furnish all certificates and
statements required by the Contract. As stated in Section VI, "Compensation," no payment
shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the Contractor
and each and every subcontractor, has been approved by the State Department of Labor &
Industries, and is received by the City.
Along with the request to sublet, the Contractor shall submit the names of any
contracting firms the subcontractor proposes to use as lower tier subcontractors.
Collectively, these lower tier subcontractors shall not do work that exceeds 25 percent of the
total amount subcontracted to a subcontractor. When a subcontractor is responsible for
construction of a specific structure or structures, the following work may be performed by
lower tier subcontractors without being subject to the 25 percent limitation:
A. Furnishing and driving of piling, or
B. Furnishing and installing concrete reinforcing and post -tensioning steel.
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
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Except for the 25 percent limit, lower tier subcontractors shall meet the same
requirements as subcontractors.
The City will approve the request only if satisfied with the proposed subcontractor's
record, equipment, experience and ability. Approval to subcontract shall not:
1. Relieve the Contractor of any responsibility to carry out the Contract.
2. Relieve the Contractor of any obligations or liability under the Contract and the
Contractor's bond.
3. Create any contract between the City and the subcontractor, or
4. Convey to the subcontractor any rights against the City.
The City will not consider as subcontracting: (1) purchase of sand, gravel, crushed
stone, crushed slag, batched concrete aggregates, ready mix concrete, off-site fabricated
structural steel, other off-site fabricated items, and any other materials supplied by
established and recognized commercial plants; or (2) delivery of these materials to the work
site in vehicles owned or operated by such plants or by recognized independent or
commercial hauling companies. However, the Washington State Department of Labor and
Industries may determine that RCW 39.12 applies to the employees of such firms identified
in A and B above in accordance with WAC 296-127.
If dissatisfied with any part of the subcontracted work, the City may request in writing
that the subcontractor be removed. The Contractor shall comply with this request at once
and shall not employ the subcontractor for any further work under the Contract.
This section does not create a contractual relationship between the City and any
subcontractor. Also, it is not intended to bestow upon any subcontractor, the status of a
third -party beneficiary to the Contract between the City and the Contractor.
1X. TERMINATION. The City may terminate this Contract for good cause. "Good cause"
shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of properly -skilled
workers or proper materials for completion of the Contract work.
B. The Contractor's failure to complete the work within the time specified in this Contract.
C. The Contractor's failure to make full and prompt payment to subcontractors or for
material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
After all the work contemplated by the Contract has been completed either by the Surety
or the City, the City will calculate the total expenses and damages for the completed work. If
the total expenses and damages are less than any unpaid balance due the Contractor, the
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
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excess will be paid by the City to the Contractor. If the total expenses and damages exceed
the unpaid balance, the Contractor and the Surety shall be jointly and severally liable to, and
shall pay the difference to, the City on demand.
X. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing
Wages" with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. The Contractor shall pay prevailing wages and comply with
Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing
wage rate provisions. The prevailing wage rate revision in effect on the quote submittal due
date is attached and by this reference incorporated herein and made a part hereof. No
payment shall be issued until a Statement of Intent to Pay Prevailing Wages form, for the
Contractor and each and every subcontractor, has been approved by the State Department of
Labor & Industries, and is received by the City. Retainage shall not be released until an
Affidavit of Wages Paid form for the Contractor and each and every subcontractor, has been
approved by the State Department of Labor & Industries, and is received by the City.
XI. CHANGES. The City may issue a written change order for any change in the Contract work
during the performance of this Contract. If the Contractor determines, for any reason, that a
change order is necessary, the Contractor must submit a written change order request to an
authorized agent of the City within fifteen (15) calendar days of the date the Contractor knew
or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either
a written change order from the City or an oral order from the City before actually receiving
the written change order. If the Contractor fails to require a change order within the time
allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the Contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything
required by a change order, another written order, or an oral order from the City,
including any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
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June 26, 2017
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2. Supplement the written protest within fifteen (15) calendar days with a written
statement that provides the following information:
a. The date of the Contractor's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this Contract that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate
was determined.
e. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
The Contractor shall keep complete records of extra costs and time incurred as a
result of the protested work. The City shall have access to any of the Contractor's
records needed for evaluating the protest.
3. The City will evaluate all protests, provided the procedures in this section are
followed. If the City determines that a protest is valid, the City will adjust payment
for work or time by an equitable adjustment. No adjustment will be made for an
invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor
shall proceed promptly with the work as the City has ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a
change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting
in the way this section provides. A change order that is accepted by the Contractor as
provided in this section shall constitute full payment and final settlement of all claims for
Contract time and for direct, indirect and consequential costs, including costs of delays
related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the
Contractor also waives any additional entitlement and accepts from the City any written
or oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of
this section, the Contractor completely waives any claims for protested work and accepts
from the City any written or oral order (including directions, instructions, interpretations,
and determination).
XII. CLAIMS. The Contractor waives right to a claim if they have not followed procedures
outlined in Section XLA of this Contract. If resolution cannot be reached under Section
XI.A, then the Contractor shall give written notice to the City of all claims other than change
orders within fifteen (15) calendar days of the City's notice of its final decision on the
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
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Contractor's protest. Any claim for damages, additional payment for any reason, or
extension of time, whether under this Contract or otherwise, shall be conclusively deemed to
have been waived by the Contractor unless a timely written claim is made in strict
accordance with the applicable provisions of this Contract; or if (and only if) no such
provision is applicable, unless that claim is set forth in detail in writing and received by the
City within seven (7) calendar days from the date the Contractor knew, or should have
known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must
include the information set forth regarding protests in Section XI.A.
Failure to provide a complete, written notification of claim within the time allowed shall
be an absolute waiver of any claims arising in any way from the facts or events surrounding
that claim or caused by that delay.
The Contractor must, in any event, file any claim or bring any suit arising from or
connected with this Contract within forty-five (45) calendar days from the date the Contract
work is complete.
XIII. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by
the sole negligence of the City.
The City's inspection or acceptance of any of the Contractor's work when completed
shall not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Contract is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's
liability hereunder shall be only to the extent of the Contractor's negligence.
It is further specifically and expressly understood that this indemnification constitutes
the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The parties acknowledge that they have mutually
negotiated this waiver.
The provisions of this section shall survive the expiration or termination of this Contract.
XIIIL INSURANCE. The Contractor shall procure and maintain for the duration of this
Contract, insurance against claims for injuries to persons or damage to property that may
arise from or in connection with the performance of the Contract work hereunder by the
Contractor, its agents, representatives, employees or subcontractors.
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June 26, 2017
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Before beginning work on the project described in this Contract, the Contractor shall
provide a Certificate of Insurance evidencing the coverages listed below. The policies of
insurance for general, automobile, and pollution policies shall be specifically endorsed to
name the Contracting Agency and its officers, elected officials, employees, agents and
volunteers, and any other entity specifically required by the Contract Provisions, as
additional insured(s).
A. Automobile Liability insurance covering all owned, non -owned, hired and leased
vehicles with limits no less than $1,000,000 combined single limit per accident for
bodily injury and property damage. Coverage shall be written on Insurance Services
Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.
If necessary, the policy shall be endorsed to provide contractual liability coverage.
B. Commercial General Liability insurance written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate, and a $2,000,000 products -completed
operations aggregate limit. Coverage shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, stop gap liability, independent
contractors, products -completed operations, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement form CG
25 03 11 85. There shall be no endorsement or modification of the Commercial General
Liability insurance for liability arising from explosion, collapse or underground property
damage. The City shall be named as an additional insured under the Contractor's
Commercial General Liability insurance policy, with respect to the work performed for
the City using ISO Additional Insurance endorsement CG 20 10 10 01 and Additional
Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements
providing equivalent coverage.
C. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
D. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability and Commercial General
Liability:
1. The Contractor's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not contribute with it.
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
Page 8 of 12
2. The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the City.
E. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility
for all loss or damage from any cause whatsoever to any tools, Contractor's employee
owned tools, machinery, equipment, or motor vehicles owned or rented by the
Contractor, or the Contractor's agents, suppliers, or contractors as well as to any
temporary structures, scaffolding, and protective fences.
F. Waiver of Subrogation. The Contractor and the City waive all rights against each other,
any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other,
for damages caused by fire or other perils to the extent covered by Builders Risk
insurance or other property insurance obtained pursuant to Section XV of this Contract
or other property insurance applicable to the work. The policies shall provide such
waivers by endorsement or otherwise.
G. Acceptability of Insurers. Insurance is to be placed with authorized insurers in
Washington State with a current A.M. Best rating of not less than A -:VII.
H. Verification of Coveral?e. Contractor shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the Automobile Liability and Commercial
General Liability insurance of the Contractor before commencement of the work.
I. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtains and
maintains at a minimum, the insurance coverages listed in this section. Upon request of
the City, the Contractor shall provide evidence of such insurance.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
The City reserves the right to receive a certified copy of all the required insurance policies.
XV. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of work under this
Contract, the Contractor, its subcontractors, or any person acting on behalf of Contractor
shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the
presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
B. Compliance with Laws. The Contractor shall comply with all federal, state and local
laws, rules and regulations throughout every aspect in the performance of this Contract.
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
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C. Work Performed at Contractor's Risk. The Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this Contract. All work shall be done at the
Contractor's own risk, and the Contractor shall be responsible for any loss of or damage
to materials, tools, or other articles used or held for use in connection with the work.
D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of
the terins and rights contained herein, or to exercise any option herein conferred in one
or more instances, shall not be construed to be a waiver or relinquishment of those terms
and rights and they shall remain in full force and effect.
E. Governing Law. This Contract shall be governed and construed in accordance with the
laws of the State of Washington. If any dispute arises between the City and the
Contractor under any of the provisions of this Contract, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the King County Superior
Court, King County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' perforn-iance of this Contract, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall
limit the City's right to indemnification under Section 10 of this Contract.
G. Written Notice. All communications regarding this Contract shall be sent to the parties
at the addresses listed on the signature page of this Contract, unless otherwise notified.
Any written notice shall become effective upon delivery, but in any event three (3)
calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated in this Contract.
H. Assignment. Any assignment of this Contract by the Contractor without the written
consent of the City shall be void.
L Modification. No waiver, alteration, or modification of any of the provisions of this
Contract shall be binding unless in writing and signed by a duly authorized
representative of the City and the Contractor.
J. Severability. If any one or more sections, sub -sections, or sentences of this Contract are
held to be unconstitutional or invalid, that decision shall not affect the validity of the
remaining portion of this Contract and the remainder shall remain in full force and effect.
K. Entire Contract. The written provisions and terms of this Contract, together with any
referenced documents and attached Exhibits , supersede all prior verbal statements by
any representative of the City, and those statements shall not be construed as forming a
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
Pa, -e 10 of` 12
IN WITNESS WHEREOF, the parties below have executed this Contract.
WHEELER PAINTING, INC
gnature)
(Print name here)
Its ?f k�
(Authorized representative)
THE CITY OF AUBURN
(S gnature)
By Nancy Backus
fu
DATE: 7 — I ,-7- — ) :-7- DATE: ' I
Contractor's State License �/
State Tax Registration (UBI) No. & —51/
Federal Tax ID #
Notices to be sent to:
WHEELER PAINTING, INC
Attn: Michelle Wheeler
PO Box 1043
Maple Valley, WA 98002
Phone: 253.813.8270
Fax: 253.813.8347
E-mail: wheelerptg@aol.com
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
Page 12 of 12
Notices to be sent to:
CITY OF AUBURN
Attn: Lisa Moore
25 West Main Street
Auburn, WA 98001
Phone: 253.288.3158
Fax: 253.931.3053
E-mail: lmoore@aubumwa.gov
ATTEST:
L
Danielle E. Daskam, City Clerk
AP PR
VEDAS .
Daniel B. Heid, City Attorney
part of or altering in any manner this Contract. This Contract, referenced documents,
and any attached Exhibits contain the entire Contract between the parties. Should any
language in any referenced documents or Exhibits to this Contract conflict with any
language contained in this Contract, the terms of this Contract shall prevail.
SMALL PUBLIC WORK CONTRACT NO. 17-25
June 26, 2017
Page I I of 12
CONTRACTBOND
CONTRACT NO. 17-25
BOND NO. 63282543
BOND TO CITY OF AUBURN, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, Wheeler Painting, Inc, whose mailing address is PO Box 1043, Maple Valley,
WA, 98038, as principal, and Western Surety Company , a corporation,
organized and existing under the laws of the State of South Dakota
as a surety corporation, and qualified under the laws of the State of Washington to become surety upon
bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly
bound to the City of Auburn, Washington, in the penal sum of forty one thousand ninety six dollars
($41,096.00.) for the payment of which sum we jointly and severally bind ourselves and our
successors, heirs, administrators or personal representatives as the case may be.
This obligation is entered into in pursuance of the Statutes of the State of Washington and the
Ordinances of the City of Auburn, Washington.
Dated at Auburn, Washington, this day of , 2017. Nevertheless, the
conditions of the above obligation are such that:
WHEREAS, the City of Auburn on the 28th day of June, 2017, let to the above bounden principal a
certain Contract. The said Contract being numbered 17-25, and providing for the interior painting of
the Auburn Senior Activity Center (which Contract is referred to herein and is made a part hereof as
though attached hereto), and
WHEREAS, the said principal has accepted, or is about to accept, the said Contract, and undertake to
perform the work therein provided for in the manner and within the time set forth:
NOW, THEREFORE, if the above bounden principal shall faithfully and truly observed and comply
with the terms, conditions, and provisions of said Contract in all respects and shall well and truly and
fully do and perform all matters and things by them undertaken to be performed under said Contract,
upon the terms proposed therein, and any and all duly authorized modifications of said Contract that
may hereafter by made, and within the time prescribed therein, and until the same is accepted, and
shall pay all laborers, mechanics, subcontractors and material men, and all persons who shall supply
principal or subcontractors with provisions and supplies for the carrying on of said work and shall
hold said City of Auburn, Washington, harmless from any loss or damage occasioned to any person
or property by reason of any carelessness or negligence on the part of said principal or any
subcontractor in the performance of said work, and shall in all respects faithfully perform said Contract
according to law, and shall indemnify and hold the City of Auburn, Washington, harmless from any
damage or expense by reason of failure of performance, as specified in said Contract, and
The undersigned principal and the undersigned surety present this contract bond related to the
Contract, PROVIDED that this document.shall not be enforceable unless and until the City of Auburn
awards and executes the Contract to the undersigned principal. No obligations under this bond, for
the performance of the above -referenced contract, shall be enforceable until the City of Auburn has
executed the contract to the undersigned principal.
The Surety, hereby agrees that modifications and changes may be made in the terms and provisions of
the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the
total amount to be paid the Principal shall automatically increase the obligation of the Surety on this
Contract Bond in a like amount, such increase; however, not to exceed twenty — five percent (25%) of
the original amount of this bond without the consent of the Surety.
PROVIDED, however, that after the acceptance of this Contract and the expiration of the lien period,
and if there are no liens pending, then the penal sum of this bond, shall be reduced to either ten percent
(10%) of the value of the improvements to the City or two thousand dollars ($2,000), whichever is
greater, to warranty against defects appearing or developing in the material or workmanship provided
or performed under this Contract within a period of one (1) year after acceptance. Not withstanding
the reduction of this bond, the principal and surety shall hold the City of Auburn harmless from all
defects appearing or developing in the material or workmanship provided or performed under this
Contract within a period of one (1) year after acceptance, THEN and in that event this obligation shall
be void; but otherwise it shall be and remain in full force and effect.
It is hereby expressly agreed that if any legal action is necessary to be brought under the conditions of
this bond, that the decisions of the Courts of the State of Washington shall be binding.
IN WITNESS WHEREOF, the above -bounden parties have executed this instrument this
20th day of July , 2017. / /
" - - Wheeler Painting, Inc
Western S
By'-� - -
Jessica Yu ja 7ea i ac
Inte ri Sty
Y _
17544 Midvale Ave N #300, Seattle-' ti_A-�98133_
(800) 592-8662
Resident Agent's Address & Phone Number
Western Surety
POWER OF ATTORNEY - CERTIFIED COPY
Bond No. 63282543
Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the
laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company"), does by these presents
make, constitute and appoint Jessica L Yuhas
its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on
its behalf as Surety, bonds for:
Principal: Wheeler Painting Inc
Obligee: City of Auburn
Amount: $1,000,000.00
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed
with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said
attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following
bylaw of Western Surety Company which remains in full force and effect.
"Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such
other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the
Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of
the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other
obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of August 18th
2017 , but until such time shall be irrevocable and in full force and effect.
In Witness Whereof, Western Surety Company has caused these presents to be signed by its Vice President, Paul T. Bruflat, and
its corpora t 6s tto be affixed this 19th day of July 2017
WE S SUR Y COMPANY
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Paul T ruflat, Vice President
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On t i sett Ab day of July in the year 2017 before me, a notary public, personally appeared
Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTEIJN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation.
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My Commission Expires June 23, 2021
I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the
attached Power of Attorney is in fu11 Ibrce and effect and. is irrevocable, and furthermore, that Section 7 of the bylaws of the Company
as set forth in the Power of Attoi n-ey is now in force.
In testimony whereof, I hale hereunto sPt my hand and Foal_. of Western Surety Company this 19th day of
July 1.7 _ -
WES / SUR Y COMPANY
_ Paul T ruflat, Vice President
To validate bond authenticity, go tow rw,rraa i_rety.com > Owner/Obligee Services > Validate Bond Coverage.
Form F5306-1-2016